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2022-01-11 10:00AM REGULAR MEETING
BRAZOS ;COUNTY BRYAN,;:TEXAS I....-D 201Z JAN - l P 12= 5 I L jf�}l ri, tl {{��.j••tl Ii��/} �I�i f i NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 11, 2022 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200'SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COIWBRAZOS000NTYTX 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Cauley 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -14 3. 4 4i A 7. 8. Approval of the reappointment of Dan Wilkerson to the Brazos County Emergency Service District #2. The term of appointment is 1/1/2022 to 12/31/2023. Request from Sheriff's Office for payment authorization to Tharps Printing in the amount of $315.00 for printing note cards. Invoice was not received before the end of the 2021 budget year. Request from Fleet Services for a payment authorization to PetroChoice for bulk gear oil in the amount of $609.94. A purchase order was not obtained in advance. Approval of renewal for Contract 22-094R Merchant Services with NCR Payment Solutions. Permission to advertise Bid #22-096 for a Court Recorder. Permission to advertise Bid #22-098 for Culverts. 9. Award of RFP #CI P 22-615 JP/Constable Precinct 1 Building Site Work. Recommended -Award - Texcon General Contractors. 10. Consider and take action on the Wickson Creek Special Utility District utility permit°to bore and install 4-inch casin f r-'nch`i��at r dine crnsskxj u der Short Cut Road. Bore VOI. Pg.13N r location will be at the intersection of Short Cut and Edge School House Roads. Site is located in Precinct 2. 11. Commissioners Court minutes for the following dates: • a. December 07, 2021 - Regular Weeting • b. December 07, 2021 - Workshop Session • c. December 09, 2021 -Workshop Session • d. December 14, 2021 - Regular. Meeting • e. December 21, 2021 - Regular, Meeting • f. December 28, 2021 -Regular'. Meeting 12. Budget Amendments. Budget Amendments FY 21 /22 14.1 -14.3 13. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 14. Payment of Claims. 15. Acknowledgement of FY 2021-2022 Budget to Actuals by Fund as of January5, 2022. 16. Juvenile director's report on detention population. 17. Sheriff's report on inmate population. 18. Announcement of interest items and passible future agenda topics. 19. Call for Citizen input and/or concerns 20. Adjourn. Pg. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct theriiselves 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, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. MINUTES JANUARY 11, 2022 BRAZOS COUNTY COMMISSIONERS -COURT REGULAR MEETING Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 4. Request from Sheriff's Office for payment authorization to Tharps Printing in the amount of $315.00 for printing note cards. I nvoice was not received before the end of the 2021 budget year. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 5. Request from Fleet Services for a payment authorization to PetroChoice for bulk gear oil in the amount of $609.94. A purchase order was not obtained in advance. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 6. Approval of renewal for Contract 22-094R Merchant Services with NCR Payment Solutions. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 7. Permission to advertise Bid #22-096 for a Court Recorder. Commissioner Ford asked for clarification on which Court uses this.service. Purchasing Director Charles Wendt advised that County Court at Law 2 uses the court reporter services and confirmed that none of the other courts utilize it. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 8. Permission to advertise Bid #22-098 for Culverts. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 9. Award of RFP #CI P 22-615 JP/Constable Precinct 1 Building Site Work. Recommended Award - Texcon General Contractors. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner vol. 350 pg.13� Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 10. Consider and take action on the Wickson Creek Special Utility District utility permit to bore and install 4-inch casing for 2-inch water line crossing under Short Cut Road. Bore location will be at the intersection of Short Cut and Edge School House Roads. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 11. Commissioners Court minutes for the following dates: • a. December 07, 2021 - Regular Meeting • b. December 07, 2021 - Workshop Session • c. December 09, 2021 - Workshop Session • d. December 14, 2021 - Regular Meeting • e. December 21, 2021 -Regular Meeting • f. December 28, 2021 -Regular Meeting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 12. Budget Amendments. Budget Amendments FY21/22 14.1 -14.3 14.1 Reallocate funds for Election Services. 14.2 Transfer funds from Information Technology to Sheriff's Office. 14.3 To recognize JAG 2021 funding revenue. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 13. 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 Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 14. Payment of Claims. Claims vol. 300 - - Pg._3la 8112514 — 8112630 9004005 — 9004070 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 15. Acknowledgement of FY 2021-2022 Budget to Actuals by Fund as of January 5, 2022. 16. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 26 juveniles in the detention center, 24 are male and 2 are female, and 28 have electronic monitors. There are 8 youth in isolation as per medical protocol for new intakes. Commissioner Cauley asked for a report on the COVI D-19 numbers in the detention center. Ms. Ricketson reported there are no active cases amongst the juveniles however, there is one staff member who works in the detention center quarantined and 2 quarantined staff members that work outside of the detention center. 17. Sheriff's report on inmate population. Chief Deputy Paul Martinez stated there were 578 inmates in jail, 502 inmates are male and 76 are female, 36 have electronic monitors and 12 are pending for processing. There are 11 inmates positive for COVI D-19 and 92 inmates are in quarantine. There are 12 staff members positive for COVI D-19. 18. Announcement of interest items and possible future agenda topics. Commissioner Aldrich noted that the Conference of Urban Counties is hosting their conference this week at the Texas A&M Hotel and Conference Center. He asked that residents make the visitors feel welcomed to our community. 19. Call for Citizen input and/or concerns There was no Citizen input. 20. Adjourn. vol. ��Pg37 The foregoing minutes of the Commissioners Court Meeting held January 11, 2022 have been examined and are approved in open Court this Sth day of February 2022, in Bryan, Brazos County, Texas. Duane Peters County Judge Russ Ford Commissioner, Precinct 2 Irma Cauley ' Commissioner, Preci ct 4 Attest: E Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 7 l�ff NancTyBerry' Commissioner, Precinct 3 Pg / of;2— BRAZO S COUNTY COMMISSIONER'S COURT DAY OF 20� � 0 : o0 /PM, Vid0hr Vahr�h Name Ll k D 11 iz► CA ts�n� Organization (PLEASE PRINT) umm\w�wlys K" �-j�2 N. (66s Pg�___ of BRAZO S COUNTY COMMISSIONER'S COURT DAY OF , Name (PLEASE PRINT) Mt:�� 9-,r� 20�� Organization (PLEASE PRINT) co MLA�L 0 &. a% tZ&--?�JS C..tJ CprY1�(Y� • CO yr (10 rnm 01) ur - Vol. �' 1 { BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Dan Wilkerson to the Brazos County Emergency Service District 2 The term of this appointment is January 1, 2022 through December 31, 2023. ilillaa. --'Dune Peters Date County Judge Brazos County Administration Bldg. • 200 S. Texas Ave. • Suite 332 B an, Texas 77803 • Fax: (979) 361-4503 Vol. 35o Pg. I Item Coversheet Page 1 of 1 BRAZOS COUNTY BRYAN,TEXAS HE DEPARTMENT: Sheriffs Office -Admin NUMBER: DATE OF COURT MEETING: 1/11/2022 ITEM: Request from Sheriffs Office for payment authorization to Tharps Printing in the amount of $315.00 for printing note cards. Invoice was not received before the end of the 2021 budgetyear. TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: SOURCE OF FUNDS: ATTACHMENTS: File Name Tharos - Inv 1071.1)df Commissioners Court Regina Guzman 12/28/2021 False False $0.00 Will come out of printing account Description Invoice Type Cover Memo ane Peters Date County Judge Vol. ® Pg. https:/Ibrazos.novusagenda.com/agendaweb/CoverSheet.aspx?ItemID=25083 &MeetingID=... 1/6/2022 T R A R PS . P R .1 . . . . . . . . N'T 1 N -G - PO. BOX 3.992 -* BRY-AN.,TEXAS 77805- ;:. 979.82345362- 9 th&'ptPrInt.I.fig@gm'a[I.com Ship TO: Brazos County ount . y Sheriffs Office 1700 HWY. 21 West. .Bryan TX71800 Phone:'070MAM RECEIVED DEC 2.1-2021 use No: mlaozmal 'Customer PO:. 21,0001.039-ReOriAt, J1.111 To;. Brazos- County Shedff;s...Qflrce 17001-1W1(..21 West Bryan TX 77803 Phorle: 979-361-4992 iias 1,000 Note Cards -.80# Classic Linen CoveF- AV66 Brifflanit White - Black -6hd Gold Imprint ... ....... SUBTOTAL TAX -SHIPPING $ 6.bo. Job #3187 TQTAL AMOUNT DUE 7 Vol. pg. Aq3 Item Coversheet Page I of 1 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Fleet Services - Heavy Shop NUMBER: DATE OF COURT MEETING: 1/11/2022 ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: SOURCE OF FUNDS: ACTION REQUESTED OR ALTERNATIVES: ATTACHMENTS: File Name Payment Authorization PetroChoice.pdf PetroChoice Invoice #11613688.odf Request from Fleet Services for a payment authorization to PetroChoice for bulk gear oil in the amount of $609.94. A purchase order was not obtained in advance. Commissioners Court Amber Arredondo 01/04/2022 False False $0.00 Use Funds 56002000-65500000 Fleet Services request approval for a Payment Authorization to PetroChoice for bulk gear oil in the amount of $609.94. Description Payment Authorization PetroChoice Invoice #11613688 Type Backup Material Backup Material R0 lca�,csZ• Duane Peters Date County Judge httns://brazos.novusaizenda.com/asendaweb/CoverSheet.asnx?ItemID=25099&MeetinLYTD=___ 1/7/2022 � yy r%dF U BRAZOS COUNTY < >-- A Payment Authorization ' Vendor #: 97280 Divisions 5600206 ' Pay to: PetroChoice Today's Dater 01/04/2022 Address: PO Box 775112 Gbicaao. IL 60677 Attach ALL supporting data such as invoices, meal and hotel receipts, airline tickets, seminar brochure(s) or syllabus, brochure(s) or syllabus, registration forms, etc. I_;VVOICE :DATE INVOICE NUMBER DESCRIPTION UANTITi' UNI PRICE . ': TOTAL 12121l2021 11613688 400 LB DPLX 21 C RIGEL 85W140 1 607.74 607.7 TEXAS OIL FEE 1 i2 2.2 *Invoice attached i "I, the requisitioner, hereby certify that the ftem(s) and/or scrvice(s) an this requisition have been or will be used exclusively for the benefit of 6razos County. They have been purchased in compliance with Section 262.021 - Section 262..034 of the Local Government Code . I further certify that 1 am aware of the criminal penalties resulting from the violation of these State laws." FMIGHT TOTAL $ 609.9 � s® Approved/County Auditor Vol. pg. kLks PetroChoice LUBRICATION SOLUTIONS PetrdChdice North Ohio Plant-Office-2824 PC) Box 2920 Wichita KS 87201-2920 Toll Free: 800-44 4 -OILS (6457) 3167832-0151 Invoice FINTERNAL USE ONLY: 688.6 . 09-1.1 page: 1of.11-,.--",1.. PLEASE RETURN ONE.COPY OF INVOICE WITH PAYMENT BRAZOS COUNTY BILLING- * " ' PO Box 914' Bryan TX 77806 —Petrcchoiee - - PO Box 776112 CHICAGO IL 60677-5112 Shipping Instructions: - o L ffl: MO. n �u Invoice Number: 1,16136 Documdrit Date: 1212112 211�; Delivery Note: ..50i651112 Order number: '101637068 Purchase.Order No: Purchase Oider Date: 1210912021 Payment Teirris: ..NET 30 - NDA Billing Pate: 12/21/2021 Salesperson: WKE FUCHS Invoice Amount: 609.94 USb Total Weight: 450.00 LB - - Vt-z., ":w— OUNTY Atay 21 W 77803-1232 M IF n 10000004806 1 to -I FA 607.74 607.74 400 LB DPLX 21 C RIGEL 85W1 40 Texas bil Fee 2.20 Tax Q.00 Total 609.94 U5�5ook-(M . .... ... .. .. RECEIVED Df C .2021 Bra.-os Cou* ro m 9 C= M) L-L---JY. St,ly Infoand with emBlUtext dallvery v1siblUty, with P000001te's P"old httpsJlwww.Petiachole9.Cero! old Fvoi. '350 Pg. 14 `''�`'�`� ' w ■ PetroChoice OChoicePlant Office - 2824 North Ohio LUBRICATION SOLUTIONS PO Box2920 Wichita KS 67201-2920 Toll Free: 800-444.OILS (6457) 316-832-0151 .Sold -to Party Address BRAZOS COUNTY Brvan TX 77606 BRAZOS COUNTY 2617 Highway 21 W Bryan TX 77803-1232 979-822-2127 Purchase Order No. Incoterms Payment Terms NET 30 - NDA Gross weight 450 LB Shipping Instructions: Order Confirmation Y /lift. \ \\ ,/ / \vffis3 \ 3i cu°:.�.cu'xsh��\\'cvdY9.,. /,.'�,\\\\`�j//.�i,<.t,\'NT.% Order Number' 101637068 Document Date 12/09/2021 Customer No. 1000857 Sales person LUKE FUCHS Purchase Order Date Delivery Date Currency Net weight 12/09/2021 12/09/2021 USD LIS 'Page 1 of 1 . .n,y. '� :th L/ '� .. •/rx. •�\�• / cw;•::y va•.;.>:rii :a�w:n;;•a arr :.c .w e".gr,;r: '�! :'^p/ ,✓/. �/ cy..:. /+t.:T; ..:: •:.• a\;�r.:f ¢:nYi%:,,i>z�;i., .',:r'/:i'o'4 .a/ ; \'C : v:"L` ./� //'•.\\%j /i,p• ��,:: ��%'\Z::\i.!/ \v, /r:-0vv,...("�;tiy..t.v((�:Y•:v..,4,.../':\. �n� \ `\: ��.:�C A•5:... v. Yi<4.rl :.i:+,\\U %1�::<\,Y�r ',\. "':�,�/i�\S ��%»^\� �,�� >!•'il/� a/�l�� / i��\��} NJ•� ./ :n� / ; •T�!:,�Z;. o::•: Inc . rT?•S. ,. ,?ax,K�Y:�.k\ �'l`fi \ �s?'u. � �... fir.,. / RvA�.. \<Ro:if..; :Rr�;\`G`.;/r%%54:\\:\�!!/i'�\��?�xa..�/,:.\J;ln»;>aD�.•.'?r!co».::(?fsrS�i,'hC\.1r�zCA�::!rr��::\�,::r.;l��`.,!!aeax o:.w:orE .w: .:'\`.,'�/: r\v�:f i:\ �. 5�: /�Gwv\�/IG�\S..!/M.T/: n:vU :i r•//:.:C \•. .\. fi..;` �::/f/ \`:/:5 if t`\v�.tr :., i 4///<'• f��Yv: {.5C;5� <.�c'7...'r.,.R\,�.\`,�5,•<: Item Material Description HMI Quantity Unit Price 'Amount 0010 10000004806 1 EA 607.74 607.74 400 LB DPLX 21 C RIGEL 85W 140 Texas Oil Fee 2.20 0.00 :Tax 8.00 Total Amount' .4 609.94 Drums In: Drums Out: Vol. `o pg. Tj razos County Purchasing Department UY 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PRONE (979) 3614290 FAX (979) 3614293 December 6, 2021 NCR Payment Solutions, FL, LLC 864 Spring Street, NW Atlanta, GA. 30308 Re: Renewal of Contract #22-094 fir Merchant Services jok.Brazos County. Brazos County appreciates the quality work your company has Provided and would like to exercise the renewal option for Merchant Services 22-094R; previously know: as 15-041 and 21-074R. All terms, conditions, and. pricing shall remain the same. This renewal tcrm�will be for one year from March 1, 2022 to February 28, 2023. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to sdubec@brazoscountytx.gov or fax to (979) 361-4293. Please then submit an updated Certificate of.I.nsurance by email or.mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4294. Contact Name: bfik C444 ecu Title: 'vt4���) E-Mail: kick. 64 LL(u�J ICA., (EOM Telephone: 9V_ 391 '8�g d v. NCR P YMENTSO TI.ONS. FL, L'LC A thonzed Signature BRA COUN Duane Pe es, County Judge lvol' _3t�-o pg._\�E i Date t/IIIaa. Date OR. y T� , Brazos County ° � °� PurchasingDepartment y a� 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 3614293 - BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: January 11.2022 BID NUMBER: 22-096 TITLE: Court Recorder REQUESTING DEPARTMENT: Brazos County Courts APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: I/ 1 I l a a °��� Pg. op Brazos County oF Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: January 11, 2022 BID NUMBER: 22-098 TITLE: Culverts REQUESTING DEPARTMENT: Road & Bridge Department APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: I /I 1' A.-R. E vol. C fig. SO to A W N f- L D n * :0 O -0 n. -i o. n m < d. o o. c' a a n. co o � fD x o oLn m p. 3 3m m m H < Oh 3 CL M `O C O. Q. G m cu 3 D o ,^* o. m n. 3 O O0R H m O O d x � fig H rL 0 Di cr Q -rs 3 .o s n. :C Q. 13 ul rr. X rt O O tlut O O Ul 0 y 0 � Z � V N N F+ W UQ (? N JhN:N ��►ca�� O N to O� Cdt O V A 7a �.. N to ®' to d OO 3 :3 � :O W O O. Us. O O O tr CO N O. 0. 0. MM2N; A f�D M D V N Ol X. 0�0 Q A N rD m: .g C N N 'A H . 0 rt V m Ol O n^� AGREEMENT FOR JP/CONSTABLE PRECINCT 1 BUILDING SITE. WORK RFP # CIP 22-615 BRAZOS COUNTY, TEXAS Agreement for Construction — JP/Constable Precinct I Building Site Work RFP CIP 22-615 Page 1 e 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 -J 1Constable-Precinct-l-Building•Site-Work-RF-P-GIP-22-G15 Page 2 Vol. pg. 15� AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY SITE WORK This Agreement for the construction of the JP/CONSTABLE PRECINCT 1 BUILDING SITE WORK Brazos County, Texas, in the amount of SIX HUNDRED AND FIVE THOUSAND, TWENTY ONE DOLLARS AND FIFTY FIVE CENTS ($ 605,021.55) is entered into this 11 day of January 2022 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and TEXCON., (hereinafter referred to as "Contractor"). The JP/CONSTABLE PRECINCT 1 BUILDING SITE WORK is hereinafter referred to as the "Project." The Engineer for the Project is the firm of GESSNER ENGINEERING, LLP and is hereinafter referred to as "Engineer." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ("Contract Documents") consist of the Agreement between Owner and Contractor (hereinafter the "Agreement"), Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP # CIP 22-615 and the Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change in the Work issued by the Engineer. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub -paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ("Contract"). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between ,the Contractor and Engineer or Engineer's consultants; (2) between the Owner and a Subcontractor or Sub —subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Engineer shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Engineer's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, Agreement for Construction— R/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 3 vol. 3S-O pg. IS 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 JP/CONSTABLE , PRECINCT 1 BUILDING SITE WORK 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 site work for the JP/Constable Precinct 1 new 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. .4 Where the terms "'Plans" or "Drawings" are used, they shall be Agreement for Construction — JP/Constable Precinct I Building Site Work RFP CIP 22-615 Page 4 Fvol. P a. S �5 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 calendarday 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 foss 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. 1 .10 Not —In —Contract ( N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and-. "or" and shall be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged -before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the .particular item of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. Agreement for Construction—JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 5 V0I. 3sc) Pry_ l SCs� .18 Agreement/Contract: Ag reement/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 comp'Jete and proper'installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, _apparatus, appurtenances and all items necessary for the Work including all, necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," °install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to- be interpreted to include the applicable form of the phrase "the Contract shall"' preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation:. "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality' of the portion of Work completed to determine in -general if it is being performed in a manner indicating that the Work when completed may be occupied. or utilized by the Owner for its intended use. Such evaluations shall be based' on what is plainly visible at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably 'prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." Agreement for Construction — R/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 6 i-- V0I. Lq5_0 Pg. IS7 1.2. CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Engineer. 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration of Items: Lists of "work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (1) Agreement for Construction— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 7 VOL pg. a specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) tMe titles of other documents published by the American Institute of Engineers. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and. other documents, including those in electronic form, prepared by the Engineer and/or Engineer's consultants are Instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub —subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer or the Engineer's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub —subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, Sub —subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and/or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. c Agreement for Construction — JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 8 vole pg._ l P 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Engineer may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or other versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability -or legal exposure to Engineer, Engineer's consultants -or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data,* the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's. consultant ,and any professional seals and signatures shall be removed from the documents. 1.6.2.6 In consideration for, the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, any claim or liabilities arising out of such use. Agreement for Construction—JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 9 �— ` oi. o c� pg. I l>Q ARTICLE 2 OWNER 2.1 DEFINITION 2A.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. r 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 tiVe, recorded or unrecorded.• 2.2 INFORMATION AND SERVICES REQUIRED OF THE .OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, 'and, a legal description of the site. The Contractor shall be entitled to rely on the -accuracy -of information.furnished by the Owner but shall exercise proper precautions relating to the safe'performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility of the Contractor under the Contract Documents, Owner ,shall secure and pay for necessary approvals, easements, assessments and charges required for construction. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness' and complete and accurate to the best of the Owner's information and belief. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2 4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1..6. 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2' or fails,- more than once, to carry out Work in accordance with the - Contract -Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order ,has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part Agreement for Constru@lion—JP/Constable Precinct 1 Building Site Wark RFP CIP 22-615 Page 10 VOo. 3�a Fig 1 0 J 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 — JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 11 Vol. Pg. � �� ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. .1 - ' 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 Wdrk 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 (RF1) in such form as the Engineer may require. 12.2 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, techniquesor safety and, health precautions, but the' Contractor shall promptly report to Engineer any nonconformity discovered by or made known to the Contractorias a Request For Information (RFI) in such form as the Engineer may require. 3.2.3 If, the- Contractor L believes that additional cost or time is involved because of clarifications, interpretations or instructions. issued by the Engineer in response to the Contractor's notices ,or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs-4.3.6 and 4.3.7. If `the Contractor fails to perform the obligations of -Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations:_ The Contractor shall not be liable to the Owner or Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, Agreement for Construction— iTeonstabic-precinct`rBa idirig sire-v ork'A T-clP`22 Page 12 Vol.. 35D pg. 1 Cx3 _ .S 1 . omission or difference and knowingly failed to report it to the Engineer. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the, jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Engineer and shall not proceed with that portion of the Work without further written) instructions from the Engineer. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP Section 8(f). 3.3.7 Layout/grades will be per plans. Agreement for Construction— JP/Constable Precinct 1 Building Site Work RFP CIP_2.? Page 13 Vol Pg. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Engineer and in accordance with a Change Order, or by Owner's approval of a Substitution Request. _ 3.4.3 The Contractor shall enforce strict discipline and good order among -the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of`unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Engineer that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. AII'Work not conforming to the requirements of the Contract Documents, including substitutions or ,changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Engineer and properly accepted and authorized by Engineer, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Engineer whether or not such submittal has been reviewed or stamped by Engineer. Notice must be specific and transmitted in letter. form. If required by Owner or Engineer, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Engineer, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto, and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or -defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Agreement for Construction— JP/Constable Precinct I Building Site Work RFP CIP 22-615 Page 14 9 ��VOI.�? Pgm 1 �S ,, Contract, whether or not any portion or trade has been assigned or sub —let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly, by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion.of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with,Owner. 3.6.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 - above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractorwhich may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were Agreement for Construction —JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 15 c 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 material's 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 Ownerto 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 customa"ily 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 O'Wner,in writing and necessary changes shall be accomplished. by appropriate Modification. 3.7.4 If the Contractor'iperforms Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 -;ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; - ' Agreement for Construction—'JP/Constable Precinct'1 Building Site Work RFP CIP 22-615 Page 16 ' I .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 $30,000.00 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 scheddlel of submittals which is coordinated with the Contractor's construction schedule Y Agreement for Construction—JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 17 IVol. -3-52 Pg-� ��_ and allows the Engineer 'reasonable time, as defined by the Engineer to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review bf submittals. 3.1,0.3 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 qDrawings, 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 - Subcontradtor, 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.. J 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their -submittal is to demonstrate for those portions ,of the Work for which submittals are required the'way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor -shall review for compliance with the --Contract Documents, approve.and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable -promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned, by the Engineer without action. Agreement for Construction—JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 18 S , 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 requiting submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all -revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In absence of such written notice the Engineer's approval of a re -submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Engineer or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Engineer. Agreement for Construction— JP/Cgnstable•Precirict7l`Bu—ilUmg Site Work RFP CIP 22-615 Page 19 ! V01. c � p9. k70 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. 3.12.1,1 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 tWOwner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. Agreement for Construction—JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 20 i -- 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 9 FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY (OTHER THAN THE WORK I TSELF), 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; fC* n IA a�c/+r ��+ 0A� n nrntnc 9MISciGAr n� MiS WC MFEC�+ � I A T n � „ {���i�lzrn— rrrrva^arreZrn r�rr '— IN A AIV WAY F9 T ! n!9G I GT WHET 1ER M&F rerneneNnre [� A 17 Af /�I 1GEN4: .. .... ...-.. ..- ...r . ..vv■..v ■ 7TiLTRLTr977�'RrQ LRL?CTT , AND EVEN "V'VT?E.'FWE E:G7TiT77GYUJL�I�T?E ._' GLE 7'7'L i'A n—r.A,".M'TEES;(D) ANY FINES, PENALTIES, DAMAGES (INCLUDING ,PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE -AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE Agreement for Construction- JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 21 vol. _3fo PgJ-7a I OTHER RIGHTS OR OBLIGATIONS^OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON, OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub -Sub -contractor, anyone directly or indirectly employed by them or anyone .for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor. or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability. of the Engineer, the Engineer's consultants and agents and. employees of any of them arising out of. (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions or instructions by the Engineer, the Engineer's consultants and agents and employees of any of them, provided such giving, or failure to give, is the primary cause of the injury or damage. The indemnity for the Engineer, the Engineer's Consultants, agents and employees does not extend to any indemnity prohibited by Section' 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Engineer, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be approved in writing by Engineer or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Engineer for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Engineer. 3.19.3 Contractor shall stop the Work affected wheri notified of a_proposed change and when unsatisfactory results are anticipated. Contractor -shall proceed only after receiving additional instructions from Engineer. 3.19.4 Contractorshall establish and maintain bench marks, and all other grades, lines, and levels _necessary for the Work, report errors and inconsistencies to Engineer, in writing, before commencing work affected. • Contractor ,shall be responsible for placement of, Project Work and -shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5.Contractor shall provide acceptable access facilities to the Work for the Owner, Engineer, .and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. Agreement for Constriction — JP/Constable Precinct I Building Site Work RFP CIP 22-615 Page 22 r___._ % J V01. 3Du " pgJ 3 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 90: Contractor attains Substantial Completion Day 120: Contractor attains Final Completion 4.1 ENGINEER 4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Engineer" means the Engineer or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E," or "Engineer/Engineer" shall --mean Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized' representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. - 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT -4.2.1 The Engineer, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer,will have authority,to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise Agreement for Construction— JP/Constable Precinct I Building Site Work RFP CIP 22-615 Page 23 N/01. (p- Pg. ^1 9 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 Subpar agraph.3.3.1. 4.2.2.1 Contractor shall reimburse. Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request.of Contractor.. 4.2.3 The Engineer'will not have control over or charge of and will not be responsible .for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, -since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Engineer will not -have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors; or their agents or employees, or of any other persons performing portions of the Work. 4.2.4.,Except as otherwise provided in the Contract 'Documents or when direct communications' have been specially authorized, the Owner and Contractor shall. . endeavor to communicate through. the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate. contractors shall be through the Owner. The Engineer's presence at the Project Site shall ,not imply concurrence or approval of the work. Contractor shall call specific items -to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the 'Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable for 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 Agreement for Construction—JP/Constable Precinct I Building Site Work RFP CIP 22-615 Page 24 pg VOi.0 . 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. 4.2.10If the Owner and Engineer agree, Engineer will provide one or more project representatives to assist in carrying out the Engineer's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Engineer will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer's response to such requests will be made in writing within any Agreement for Construction — JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 25 Vol. �� pg.___n 1 time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer sliall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until twenty (21) days after written request is received. 4.2.12 Interpretations and decisions of the Engineer will be consistent,with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Engineer's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the. Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Engineer, this shall include showing in CPM format, both critical and non -critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Engineer.. Claims, including those alleging an error or omission by the Engineer, shall be referred initially to the Engineer for action as provided in Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Engineer and the other party. An Agreement for Construction— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 26 Vol. Pg. 27 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. 4.3.6 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— R/Constable Precinct I Building Site Work RFP CIP 22-615 Page 27 i v01. 350 ---- PgJ78 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. J 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 beganrto 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 be of'an actor 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— RJ.ConsSable_P_r _ inct 1 Building Site Work RFP CIP 22-615 Page 28 °VOi.� 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. S 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following,preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4�3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize -retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to -a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Engineer will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be .made within seven (7) days. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there Agreement for Construction— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 ' Page 29 i ' Vol. Pg EL 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. r 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 differencef.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 — JP/Constable Precinct I Building Site Work RFP CIP 22-615 Page 30 VOL 9 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— JP/Co t°�abla Precinct I Building Site Work RFP CIP 22-615 1 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 -- 7P/Conslabte-Precincrl-Building SireeWffrk-RR-CCft 22- Page 32 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 activity s, 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 — JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 33 J .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 the 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 Contractorshall keep and present,. in- such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. I Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall tie, 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— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 34 Vol.' Pg. i�S 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 sudh 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 Ehgineer 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 ninety (90) calendar days from the date of commencement, subject to adjustments of the Agreement for Construction—JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 35 Vol. 3�io pg. � �, time for completion -as provided in this Agreement. 8.1.2 The date of commencement of the -Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 The date of Substantial completion, is the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4, The term "day." as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in, the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical"does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean- the amount of time a task can be delayed without delaying another task. 8.1.7 The terra "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 far performing the work." r 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 arid' shall achieve Substantial Corrlpletion within the Contract Time. 8.2.4- Contractor and their Subcontractors shall complete and coordinate Work in., accordance with established schedule. . , r 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—JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 36 .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence�as will insure completion within -Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14.. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of. an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer and. Owner may determine. .1 if at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2. No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 1 8.3.4 if Contract Time is extended pursuant to paragraph 8.3, such extension shall be the, exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. Agreement for Construction— 7P/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 37 1 a V0I. � fig. 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 SIX HUNDRED AND FIVE THOUSAND, TWENTY ONE DOLLARS AND FIFTY FIVE CENTS ($ 605,021.55) 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 quantitles to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each progress payment, the Contractor shall submit to the Engineer an. itemized Application for Payment for operations completed , in accordance with the schedule of values. Such application shall be- notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Engineer may require, and reflecting retainage if provided for,elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall, be conditioned upon. compliance- by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment Agreement for Construction— JP/CoInstable Precinct 1 Building Site Work RFP CIP 22-615 Page 38 ^ Vol. pg.I i�sq® or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on —site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, Agreement for Construction— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 39 Vol. W0 pg. Iqo 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. 9.6.2 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 tto Contractor within thirty (30) days after - receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub -contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub —subcontractors in similar manner. 9.6.3 The Engineer will, on request, furnish to a Sub -contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Agreement for Construction— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 40 voi. �_ pg. Ill —r 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, througff 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. I'f the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and.Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Agreement for Construction — JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 41 1. L . I la g 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, Treat, utilities, damage to -the Work and insurance, and. shall fix ,the time within which the contfactor shall finish all items on the list accompanying the Certificate. Warrantiesr'- 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—JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 42 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is. sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in -accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on -site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall- become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and, equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data `establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. . 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to Agreement for Construction— R/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 43 j Vol. _-36(D- Pg. 1 a 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— JP/Constable Precinct 1 Building Site Work RPP CIP 22-615 Page 44 35 0 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. 10.2.6 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub —subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in Agreement for Construction —JP/Constable Precinct I Building Site Work RFP CIP 22-6I5 Page 45 s VOL L9 7(p i 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. 110.2.14 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: 10.2.16 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 — JP/Constable Precinct 1 Building Site Work RFP CiP 22-615 Page 46 �t Vol. 35-6 Pg.-Iq-7- 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— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 47 o " _q� i 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. , • r 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; _ I , , .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 fo"r 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 1 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 for 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 Construction— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 48 r Vol. c3Sa Pg._L� 1— (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— JP/Constable Precinct I Building Site Work RFP CIP 22-615 Page 49 Vol.. 3� . 000 i r 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 — JP/Constable Precinct 1 Building Site Work RFP CIP 22' 615 Page 50 \10�. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self -insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent liability for claims which may arise from operations under the Contract. .1 Bodily Injury: $1,000,000 each occurrence $1,000,000 aggregate .2 Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus Engineer fees, plus value of -\subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site'on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided. in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract sum for the Work. If Owner is damaged by failure of Contractor to maintain such insurance, then. Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall, be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and' startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Engineer's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of, -Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate, Change Order. Agreement for Construction —JP/Constable Precinct 1 Building Site Wbrk RFP CIP 22-615 Page 51 V01. 50 pg . 0 0 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 shad 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. �11.4.5Contractor 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. 11.4.7Contractor 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 Cdntracto.r's expense unless the condition was caused by the Owner or a separate contractor in which event Agreement for Construction— R/Constable Precinct I Building Site Work RFP CIP 22-615 Page 52, Vol. Pg. c�L3 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. 1,2.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the -one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct Agreement for Construction — JP/Co table i_ uildi g.Site Work RFP CIP 22-615 1 Page 53 ` -01. pg. 06q� • 1 the Work and hat no relationship to the time within which ithe 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 finial 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. Respondents) 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 Seca 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 forthe Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to'facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is Agreement for Construction— JP/Constable Precinct 1 Budding Site Work RFP CiP 22-615 Page 54 Vol. 3 so o24S agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shall make ' arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Contractor's Agreement for Construction— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 55 Vol. Pg, OCQ expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector (if any). 13.5.5 If the Engineer, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the. relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants. are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment Agreement for Construction— JP/Constable Precinct I Build' Site Wo&IZEECIP_22-615 Page 56 VOLgI--__;z�2_ 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 twerity (120).days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons Agreement for Construction— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 57 Ivol. Pg. Qog 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 remedie$ 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, 'equiprnent,�'tools, construction equipment and machinery thereon owned by, the Contractor; .2 'accept assignment of subcontract's pursuant to Paragraph 5.4; and .3 finish the Work by. whatever' reasonable method the Owner may. deem, expedient. 1 _ 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. J 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 thd-Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY•OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such. period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost, and time caused by suspension, delay or interruption. as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or Agreement for Construction — JPICQnstWc-PmeinctI.Buiklin&Site-Work4W--GIR2?-G{ Page 58 Vol. pg. _aSR { .2 that an equitable adjustment is made of�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. N ARTICLE 15 ACCESS TO THE WORK 15.1 Engineer, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type,, class or grade, or modified in such reference. 16.2 The Standards referred to,'except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the Agreement for Construction — JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 59 Vol:3'�6 6'Cj.-ai o� I 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 dontract. n Agreement for Construction — JP/Constable- Precinct 1 Buildirig Site Work RFP CIP 22-615 Page 60 Vol. . pg. cal 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 , 2022, meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1) to the Engineer for use in the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS COUNTY, TEXAS Date: I I It i;Lq- Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: TEXCON GENERAL CONTRACTORS Date: Texcon general Contractors Agreement for Construction— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 61 i t ATTACHMENT "A" JP/CONSTABLE PRECINCT 1 BUILDING SITE WORK REQUEST FOR PROPOSAL CIP 22-615 Agreement for Construction— JP/Constable Precinct 1 Building Site Work RFP CIP 22-615 Page 62 r101. pg. al3 REQUEST FOR PROPOSAL RFP NO. CIP 22-615 JP/Constable Precinct 1 Building Site Work SEALED PROPOSALS TO BE SUBMITTED BEFORE: Thursday, December 02, 2021. 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-42" Fax: (979) 361-4293 Vendors, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this proposal from the issuing date of the proposal until scheduled presentations or the date the Brazos County Commissioners Court meets to consider award for the RFP. Any such contact will be grounds for rejection of the vendor's proposal. In compliance with this solicitation, the undersigned proposer having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following RFP for furnishing the material and/or services listed on the attached proposal form and agrees to deliver said items at the locations and for the prices set forth on the proposal form. Company Name: Texcon General .Contractors By (Print): Ben Wall Physical Address: 1061 Innovation Dr Bryan TX 77808 Mailing Address: PO Box 138 Kurten TX 77862 Phone: 979-690-7711 Email: benwall@texcon.net 11Page JP/Constable Precinct 1 Building Site Work Request for Proposals # CIP 22-615 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building 200 South Texas Ave., Ste. 352 RFP No. C1P 22-615 Bryan, Texas 77803 Page 2 of 23 pages Telephone (979) 361-4292 Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Thursday, December 2, 2021 in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. Pre -Proposal Conference will be held at the Brazos County Commissioner's Court, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. Release of RFP _ Advertisement Dates Friday, October 22, 2021 Friday, October 22, 2021 Friday, October 29, 2021 Pre -Proposal Conference _ Wednesday, November 17, 2021 at 2:00 PM CST Deadline for Questions Tuesday, November 23, 2021 at 5:00 PM CST Proposal Submission Deadline Thursday, December 02, 2021 at 2:00 PM CST Review/Contract Evaluations/Negotiations December Anticipated Award Anticipated Construction Start A. Procurement Delivery December January Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If the County chooses, these top scoring firms will be given an opportunity to present potential value engineering or cost saving suggestions to the County. The County will consider each of these suggestions and select those that the County believes present the best "value" to the project. The County will then send the selected value engineering/ cost saving prospects to each of the top evaluated firms for consideration and pricing. This process may be repeated' depending on the project and its complexity. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will be requested including any revisions and allowing for a revision of the completion timeframe for inclusion into the final contract. 2 1 P a g e B. Summary of Work This project consists of the following: The construction of the Brazos County JP/Constable Precinct 15,400 square foot office building site work includes the following: 1. Demolition and removal of approximately 138 linear feet of existing curb and 150 square yards of existing sidewalk. 2. Demolition and removal of approximately seven (7) existing trees. 3. Installation of approximately 3170 square yards of concrete drive aisles and parking area. a.1943 square yards of 7" concrete b.1227 square yards of 5" concrete 4. Installation of approximately 1727 linear feet of concrete curb. 5. Installation of approximately 22 linear feet of trench drain and concrete trench pipe outfall. 6. Installation of Type R Rock riprap, concrete slope paving at curb opening drainage outfall. 7. Installation of new domestic water, irrigation, sanitary sewer, and electric and data utility lines. 8. Installation of canopy trees and landscaping. 9. Traffic Control, Erosion Control, and SWPPP record keeping. 10. Other subsidiary items. C. Alternates There are no planned alternates for this project. D. Conditions of RFP The following instructions apply to all proposals and become a part of terms and conditions of any proposal submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this solicitation. All proposers are required to be informed of these terms and conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply_: a. BRAZOS COUNTY - Same as County. b. CONMSSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Contractor(s) of this proposal request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. g. SUPPLIER - Same as Contractor. VOL �o pg._� � 2. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful vendor for the period designated. 3. Proposals must be received by the Purchasing Department prior to the time and date specified. 4. The County reserves -the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any proposer. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. 7. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable and non -assignable by either party. 8. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 9. The proposal award shall be based on, but not necessarily limited to, the following factors: a. Total cost including the selected alternates and addenda 40% Contractor's fee and all construction costs by line item will be considered with all other criteria to determine best value to the project. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. b. Completion time 15% How many days it will take to reach substantial completion of the project. The lowest construction time proposal of all the proposals become the standard by which all the time proposals are evaluated. c. _Past performance on similar projects of size and scope 10% Proposer's specific experience on like projects. Consideration will be given to the number and type of like projects completed. d. _Overall Experience of Project Manager & Superintendent 20% Proposer's direct management personnel experience. Points are awarded based on the qualifications of proposer's Project Manager and Superintendent. e. Resource Availability 15% Listing of personnel and company owned or leased equipment. Provide other resources available. - -- -- - - - -- - -- - - - - - - - - - - - - -- ------ - -- 41Page 10. Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost. 11. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 12. Title and risk of loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 13. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 14. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Purchasing Agent. 15. Proposals will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a proposal be considered if submitted to any other person or department other than specifically instructed. 16. All proposals shall be submitted in accordance with the instructions contained herein. Brazos County will not be liable for any information received through other websites or sources of information. It is the sole responsibility of the vendor to verify the accuracy of information received from sources other than Brazos County. It is recommended that the vendor check the Brazos Valley e-Marketplace at https:Hbrazosbid.ionwave.net for addenda prior to submitting their proposal. 17. There is no expressed or implied obligation for Brazos County to reimburse responding service providers for any expenses incurred in preparing proposals in response to this request. 18. Proposals must show full company name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the proposer. Company name and authorized signature shall appear in each space provided. The proposer must include Employer Identification Number and signature for the proposal to be valid. 19. The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit A attached. A contractor or subcontractor who violates this section shall pay to Brazos County $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated on Exhibit A. 20. Proposals must specify the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to specify completion time or failure to comply with completion time will be considered reason enough to cancel the contract. - 5 1 P a g e 21. Proposals must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. In the event of a discrepancy between the numbers .given for the price and the word form of the price, the word form shall govern. Any suggested change in quantity on the part of the proposer to secure better price or delivery is welcomed and may be given consideration provided that the proposer also bids on the quantity specified. 22. It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioner's Court. 23. This proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County, contained in this RFP or the plans for this RFP shall supersede those of the vendor in the event of a conflict. 24. The proposal specifies the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the contract. If the job cannot be completed within the terms of the contract as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agree to as liquidated damages, for each additional calendar day of delay past the thirty (30) days stated in the contract: Two Hundred Fifty Dollars ($250.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. 25. Brazos County has specified a Project Contingency amount for this project. The specified contingency amount is not available for use by the Contractor and shall not be anticipated for use on the Project. Project Contingency is for Brazos County's purposes. Amount and authorization for use is at sole discretion of Brazos County. Contingency Allowance is established as $50,000.00 and shall be processed pursuant to the Specifications. 26. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue. to be valid and enforceable: If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 27. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. Special Provisions l . Proposers with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace https:Hbrazosbid.ionwave.net . 2. Fill out the proposal completely, identify the proposal name and number on the outside and return it to the Brazos County Purchasing Department, Administration. Building, 200 South Texas Ave., Suite 352, Bryan, Texas 77803 prior to the submission deadline. The proposal is �ln 6 1 P a g e Vol b - "� invalid if it is not deposited at the designated location prior to the time and date advertised, or prior extension issued by the County. 3. All proposals shall be prepared on the bid forms located on the Brazos Valley e-Marketplace hLtps://brazosbid.ionwave.net. 4. The proposer must put the proposal number and name on the front of the envelope before mailing it to the Purchasing Department. In addition to the County's proposal form, all proposals shall be accompanied by a Contractor's Qualification Statement (A.IA Document A-305 or equal) Iisting at least five (5) like projects of size and scope, to identify proposer's specific experience on similar projects, along with the project's owner and engineer contact information on each project. On item 3.6 on this form, please note; key individuals will mean Project Manager and Superintendent for this project. Please be specific on the project commitments in progress and future planned commitments to comply with the requests of this RFP. 6. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from proposers. 7. The contract shall be awarded to the responsible proposer whose proposal is determined to be the best evaluated offer. 8. Your response to this proposal should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. 9. Performance Standards: a. All services contracted herein shall be done in a courteous and orderly manner. All Contractor personnel shall be appropriately dressed at all times while on the property. b. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. c. All materials and equipment brought to the site are the full responsibility and liability of the Contractor until removed from the site as required. d. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. e. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the performance of the work herein to be done. 7Page vo° _� pg. oZao f. The Contractor shall be responsible for initiating, maintaining and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the project and other persons who may be affected thereby, (2) the project and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. g. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). F. Trade Secrets, Confidential Information and the Texas Public Information Act Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the proposer believes that the proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not. acceptable. All proposals or parts of the proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful proposal may be considered public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of proposers. Proposers are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your entire Proposal CONFIDENTIAT /PROPRIETARY is not in conformance with the Texas Public Information Act. 4. 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. G. Conflict of Interest 1. The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Brazos County. 2. By signing and executing this proposal, the proposer certifies and represents to the County the proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 8iP.age 3. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process, proposers, their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County Commissioner's Court meets to consider award of the proposal. Any such contact will be grounds for rejection of the vendor's proposal. R. Addenda and Modifications 1. Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in the proposal. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request of the proposer, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley e-Marketplace https://brazosbid.ionwave.net and will become a part of the proposal package, having the same binding effect as provisions of the original proposal. No verbal explanation or interpretations will be binding. In order to have a request of interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than the question deadline. 3. All addenda, amendments and interpretations of this solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used in preparing proposal responses. 4. The County does not assume responsibility for receipt of any addendum sent to proposers. 5. All addenda must be acknowledged on this form. 6. The Commissioner's Court delegated the right and responsibility for issuing any and all addenda to the Purchasing Agent. I. Examination of Documents and Requirements 1. Each proposer shall carefully examine all RFP documents and be thoroughly familiar with all requirements prior to submitting a proposal. 2. Before submitting a proposal, each. proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the proposer of the obligation to comply, in every detail, with all provisions and requirements of the RFP. �.—�._ --- - --- 9 1 P a g e J. Taxes Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. K. Insurance The vendor shall procure and maintain at its sole cost and expense for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the vendor, its agents, representatives, volunteers, employees or subcontractors. The vendor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance,maintained by the County, its officials, employees or volunteers shall be considered in excess of the vendor's insurance and shall not contribute to it. Further, the vendor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: 1. Commercial General Liability Policy 2. Automobile Liability Policy 3. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. Commercial General Liability a. General Liability insurance shall be written by carrier with an ANIII or better rating in accordance with the current Best Key Rating guide. 101Page b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d. Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided at the Contractors expense. e. Brazos County shall be named as additional insured on Contractors insurance. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Automobile Liability a. General Liability Insurance shall be written by a carrier with an AXIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 3. Workers Compensation Insurance Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the vendor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, vendors and subcontractors must use that portion of the form whereby the hiring vendor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent vendor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability Iimits of $500,000 for each accident is required. b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: Certificate of coverage ("certif cate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a - --- ---- - - --11-IPag-e coverage agreement )TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the vendor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in section 406.096 {of the Texas Labor Code}) - includes all persons or entities performing all or.part of the services the vendor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Vendor's, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The vendor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the vendor providing services on the project, for the duration of the project. C. The vendor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the vendor's current certificate of coverage ends during the duration of the project, the vendor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The vendor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and 2. no later than seven calendar days after receipt by the vendor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The vendor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The vendor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the vendor knew or should have known, or any 121Page change that materially affects the provision of coverage of any person providing services on the project. H. The vendor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report Iack of coverage. I. The vendor shall contractually require each person with whom it contracts to provide services on a project, to: i. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; ii. provide to the vendor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii. provide the vendor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.. iv. obtain from each other person with whom it contracts, and provide to the Vendor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; vi. notify the governmental entity in -writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii. notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and By signing this contract, or providing, or causing to be provided a certificate of coverage, the vendor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self -insured, with the commission's Division of Self -Insurance regulation. Providing false or misleading information may subject the vendor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 13JPage i 4. Certificates of Insurance Certificates shall be prepared`and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. L. Compliance with Law The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA, and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal Iaws, municipal ordinances, and guidelines concerning soil erosion and sediment -control throughout the Project and warranty term. M. Safety Precautions Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Attn.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; -- - - - - --- - - - -- ----- - - 141Page L and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. N. Indemnity To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: 1. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. 2. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. 3. The Contractor shall indemnify and hold harmless and defend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. 4. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. 5. The Contractor shall also be responsible for the removal of all related debris. 6. The Contractor shall also be responsible for subcontractors hired. 7. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, 151Page VIO1.� �� designs or specifications, or (2) the giving of or the failure to give directions or instructions by the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. O. Release The proposer assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees .from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the vendor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the vendor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. P. Bonding Requirements 1. All proposers must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 2. The successful proposer must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of the total contract sum within ten (10) calendar days after receipt of notification of bid award: Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. Q. Proposal Submittal 1.. The proposer shall submit the proposal on the forms enclosed on the Brazos County web sites. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the proposer shall state the prices. 2. If a proposal is submitted by an individual, their name must be signed by them or their duly authorized agent. If the proposal is submitted by a firm, association, or partnership, ----- -- ---- - - - - - - - - --- - - - - - - - - - -- 161Page the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. 3. By submitting a proposal, the proposer is stating that they have reviewed and considered the RFP, Exhibit A (Prevailing Wage Rates), Exhibit B (Bid Form), Exhibit C (Engineer's drawings and Specifications) and Exhibit D (Supplementary Conditions). 4. By submitting a response to this RFP, the proposer is agreeing to sign the County's Standard Agreement for Construction Services. 5. The proposer must submit an original and five (5) copies of the proposal to Brazos County. 6. The complete proposal should include the following: a. Completed and signed RFP. b. Contractor's Qualification Statement (AIA Document A-305 or equal). i. To include similar projects of size and scope ii. To include Project Manager and Superintendent experience iii. To include list of available resources (Personnel and equipment no concurrently committed to another project) c. Bid bond, certified check or cashier's check for 5% of the total bid amount d. Completed Exhibit B- Bid Form 7. By signing the certification below, the vendor verifies that all plans, and specifications have been reviewed and are considered in the pricing in the proposal submitted. R. List of Sub -Contractors 1. Paving Self Perform 2. Concrete 4-Tex Concrete, CL Concrete, AGS Construction 3. Traffic Control AWP 4. Erosion Control Centex Hydroseed 5. Earthwork Self Perform 6. Demolition Self Perform 7. Revegetation Centex Hydroseed 8. Other - ---- - - 17�Page N/0�.m26b pg. a� S. Pricine Complete Exhibit B attached and submit with the proposal. T. References Vendors shall provide a list of at least five (5) references, where work comparable in quality and scope to that specified -has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. References received on previous solicitations for similar size and scope in the previous six (6) months may be considered in lieu of obtaining a new reference check. A negative reference may be grounds for disqualification of bid. Bidders are not allowed to use Brazos County as a reference. Company/Entity: Madison Construction Contact: Mike ]ones Phone: 979-269-5520 Email: mr.jonesomadison-construction.coin Company/Entity: Bryan Traditions LP Contact: Eddie Hare Phone: 979-821-2582 Email: eharePtraditionsrealestate.com Company/Entity: Clarke and Wyndham Inc Contact: Travis Martinek Phone: 979-846-4384 Email: tartinek@clarkewyndham.com - - - - - ----- - - - - -- ------ -- --- - ----- --- 181Page Vol. Company/Entity: Camillo Properties Ltd Contact: Tommy Bryant Phone: 281-671-9044 Email: tbryant@academyhouston.com Company/Entity: City of Bryan Contact: Paul Kaspar Phone: 979-209-5035 Email: pkaspar@bryantx.gov Vol. Pg01 U. V.T.C.A. Local Government Code 4262.0276 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.) Carey D. Smith President O. E. Smith Vice President Spencer Buchanan Vice President 201Page V. Proposal Evaluation Waiver By submitting a proposal or response, each proposers/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized STATEMENT OF AFFIRMATION Firm's Name: Texcon General Contractors Address: PO Box 139 Kurten TX 77R62 Proposer's Name: Spencer Buchanan Position/Title: Vice President Proposer's Signature: Date: 12-1-21 Subscribed and sworn to me on this / SI- day of MURPHY BENJAMIN WALL, JR. Notary Public, State of Texa: rj y�Qc Comm. Expires 11-28_2024 My Commission expires `I-?-& Z W. Addenda The undersigned acknowledges receipt of the following addenda issued during the time of solicitation and includes the several changes therein in this proposal. No. 1 Date 10-25-21 No. 2 No. Date 11-24-21 Date V0I.� _ Pg. a 11-30-21 21 JPage X. Certification of Proposal The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other proposer, and that the contents of this bid have not been communicated to any other proposer prior to the official opening. Signed By: _ Title: Typed Name: Spencer Buchanan Vice President Company Name: Texcon General Contractors Mailing Address: PO Box 138 Kurten TX 77862 P.O. Box or Street City State zip Employer Identification Number: 32-0299388 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 22-615 By signing below, Brazos County agrees that this RFP CIP 22-615 will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Court Date: I / i i / aZ a. Attest: Brazos County Clerk 221Page Vol. Pg. 036 Y. 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: Texcon General Contractors Authorized Company Representative: Address: PO Box 138 Kurten TX 77862 Signature: S�cnct✓ (����a,� Date: 12-1-21 Contract # CIP 22-61 5 JP/Constable Pct 1 Building Site Work Vo D pg. 9 BID TAB Brazos County Justice of the Peace 412 William D Fitch Pkwy, College Station, TX Pavement, Earthwork, Water and Storm GESSNER Gessner Engineering, LLC c rr r N e c r{ I er C. November 24, 2021 GE Job #: 21-0040 General Items Item # Item Quantity Units Unit Cost Total 100 Mobilization, Bonds, and Insurance 1 LS $ 85,000.00 $ 85,000.00 101 Traffic Control 1 LS $ 2,500.00 $ 2,500.00 102 Erosion Control (SWPPP) 1 LS $ 12,650.00 $ 12,650.00 103 Striping, Complete In Place 1 LS $ 2,800.00 $ 2,800.00 104 ADA Signage, Complete in Place 3 EA $ 485.00 $ 1,455.00 105 Wheel Stop, Complete in Place 3 EA $ 100.00 $ 300.00 106 Bicycle Rack, Complete in Place 1 EA $ 1,500.00 $ 1,500.00 107 3" SCH 40 PVC Sleeve (irrigation) 107 LF $ 33.00 $ 3,531.00 108 6" SCH 40 PVC Sleeve (Fiber Optic) 135 LF $ 39.00 $ 5,265.00 109 10" SCH 40 PVC Sleeve (Fiber Optic) . 78 LF $ 51.00 $ 3,978.00 110 2" SCH 40 PVC Sleeve (Underground Electric) 132 LF $ 30.00 $ 3,960.00 Ill 6" SCH 40 PVC Sleeve (Underground Electric) 80 LF $ 38.00 $ 3,040.00 112 4" Gray SCH 40 PVC Electric Conduit, Complete in Place 689 LF $ 26.50 $ 18,258.50 113 2" SCH 40 PVC Fiber Optic Conduit, Complete in Place 394 LF $ 29.00 $ 11,426.00 114 4" SCH 40 PVC Fiber Optic Conduit, Complete in Place 286 LF $ 36.00 $ 10,296.00 115 Pull Box, Complete in Place 1 EA $ 2,500.00 $ 2,500.00 116 Bollards, Complete in Place 2 EA $ 550.00 $ 1,100.00 Sub Total - General Items $ 169,559.50 Demolition Item # Item Quantity Units Unit Cost Total 200 Demolition of Existing Curb, including haul off 138 LF $ 25.00 $ 3,450.00 201 Demolition of Existing Sidewalk, including haul off 150 SY $ 20.00 $ 3,000.00 202 Removal of Existing Trees, including haul off 7 EA $ 1,000.00 $ 7,000.00 203 Stripping of Existing Topsoil 1,781 CY $ 7.05 $ 12,556.05 Sub Total - Demolition $ 26,006.06 F-- vo i,, pg. a37 Storm and Drainage Item # Item Quantity Units Unit Cost Total 300 10" High Density Polyethylne Pipe (HDPE), Complete in Place 17 LF $ 71.00 $ 1,207.00 301 8" High Density Polyethylne Pipe (HDPE), Complete in Place 118 LF $ 38.00 .$ 4,484.00 302 6" High Density Polyethylne Pipe (HDPE), Com lete in Place 222 LF $ 35.00 $ 7,770.00 303 6" 45 Degree Bend, Complete in Place 20 EA $ 150.00 $ 3,000.00 304 8" 45 Degree Bend, Complete in Place 4 EA $ 180.00 $ 720.00 305 6" HPDE Cleanout, Complete in Place 4 EA $ 750.00 $ 3,000.00 306 6" x 6" HDPE Tee, Complete in Place 2 EA $ 250.00 $ 500.00 307 6" x 8" HDPE Reducer, Complete in Place 2 EA $ 150.00 $ 300.00 308 8" x 8" HDPE Tee, Complete in Place 1 EA $ 275.00 $ 275.00 309 8" x 10" HDPE Reducer, Complete in Place 1 EA $ 200.00 $ 200.00 310 4" Thick Concrete at Mitered Outfall, Complete in Place 1 EA $ 1,000.00 $ 1,000.00 311 1 - Dura Trench -Trench Drain w/ Slotted Grate 1 EA $ 5,500.00 $ 5,500.00 312 4" Thick Concrete and Mitered Pipe Trench Drain Outfall Pipe, Complete in Place 1 EA $ 1,000.00 $ 1,000.00 313 Type R Rock Rip Rap,15-201b, Hand Placed (3" Embedment),. Complete in Place 50 SY $ 60.00 $• 3,000.00 314 8" HPDE Cleanout; Complete in Place 2 EA $ 850.00 $ 1,700.00 Sub Total - Storm and Drainage $ 33,656.00 Sanitary Sewer. Item # Item Quantity Units Unit Cost Total 400 4" PVC Double Cleanout, Complete in Place 1 EA $ 1,200.00 $ 1,200.00 401 4" PVC Cleanout, Complete in Place 2 EA $ 750.00 $ 1,500.00 402 4" Traffic Rated Cleanout, Complete in Place 1 EA $ 650.00 $ 650.00 403 4" SDR-26 PVC Pipe, Complete in Place 156 LF $ 100.00 $ 15,600.00 404 Connect to Existing Manhole 1 EA $ 1,500.00 $ 1,500.00 Sub Total - Sanitary Sewer • $ 20,450.00 Water Item # Item Quantity Units Unit Cost Total 500 Trench Safety for Proposed Water Line 60 LF $ 10.00 $ 600.00 501 8" PVC C-900 DR 14 Waterline W/ Tracer Wire, No Structural Backfill, Complete in Place 85 LF $ 54.00 $ 4,590.00 pg. a3S _ 502 8" PVC C-900 DR 14 Waterline W/ Tracer Wire, Structural Backfill, Complete in Place 30 LF $ 71.00 $ 2,130.00 503 6" PVC C-900 DR 14 Waterline, No Structural Backfill, Complete in Place 20 LF $ 46.00 $ 920.00 504 8" x 8" Tee, complete In place 1 EA $ 765.00 $ 765.00 505 Standard Fire Hydrant Assembly, complete in lace 1 EA $ 5,900.00 $ 5,900.00 506 2" Water Service Connection, complete in place 1 LS $ 9,600.00 $ 9,600.00 507 Water Meter Vault, Complete in place 1 EA $ 450.00 $ 450.00 508 1" Landscape Service Connection 1 LS $ 2,450.00 $ 2,450.00 509 Landscape Meter Vault, Complete in place 1 EA $ 450.00 $ 450.00 510 Landscape Back Flow Preventor & Vault, Complete in place 1 FA $ 3,000.00 $ 3,000.00 511 Connect to Existing 12" Waterline 1 EA $ 1,500.00 $ 1,500.00 512 12"x 8" Tee, Complete in Place 1 EA $ 1,220.00 $ 1.220.00 513 12" Gate Valve & Box, Complete in Place 1 EA $ 3,100.00 $ 3,100.00 514 8" Gate Valve & Box, Complete in Place 2 EA $ 2,000.00 $ 4.000.00 515 8" x 2" Tee, Complete in Place 1 EA $ 1,000.00 $ 1,000.00 516 8" 45 Degree Bend, Complete in Place 2 EA $ 480.00 $ 950.00 517 12" PVC Sleeve, Structural Backfill, complete in Place 30 LF $ 150.00 $4,500.00 518 2" BlowoffAssembly 1 EA $ 2,000.00 $ 2,000.00 519 2" SCH 40 PVC, Complete in Place 144 LF $ 40.00 $ 5,760.00 520 2" - 45 Degree Bend, Complete in Place 14 EA $ 25.00 $ 350.00 521 8" x 6" PVC Reducer, Complete in Place 1 EA $ 400.00 $ 400.00 Sub Total -Water ' $ 55,645.00 Pavement and Earth Work Item # Item Quantity Units Unit Cost Total 600 Earthwork - Cut to Fill, Design Grades (In Place) 50 CY $ 8.00 $ 400.00 601 Earthwork - Cut to Haul to Design Grades (In Place) 502 CY $ 17.00 $ 8,534.00 602 Earthwork - General Fill to Design Grades (In Place) 50 CY $ 100.00 $ 5.000.00 603 Earthwork - Remove and Replace Unsuitable Soils and Material with General Fill Including Compaction (In Place). Limits of Remove and Replace to be Approved by Engineer Prior to Initiating Work. 50 CY $ 100.00 $ 5,000.00 604 Earthwork - Remove and Replace soils and materials with cement stabilized sand (In Place). Limits of Remove and Replace to be approved by Gessner Engineering prior to initiating work 50 CY $ 145.00 $ 7,250.00 poi. 35 a pg._239 605 Lime Stabilization of Subgrade (8" depth) w/ Compaction (Does Not Include Cost of Lime) 3,713 SY $ 4.00 $ 14,852.00 606 Cement Stabilization of Subgrade (6" depth) w/ Compaction (Does Not Include Cost of Cement) 1,461 SY $ 4.00 $ 5,844.00 607 Cement for Stabilization of Subgrade w/ Compaction (Assu me 4% by weight) 16 TON $ 270.00 $ 4,320.00 608 Lime for Stabilization of Subgrade w/ Compaction, (Assume 6% by weight) 80 TON $ 195.00 $ 15,600.00 609 4" Thick Concrete Sidewalk, Complete in Place 347 SY $ 52.00 $ 18,044.00 610 Type 10 Concrete ADA Ramp, Complete in Place 4 EA $ 750.00 $ 3,000.00 611 Concrete Driveway ADA Ramp, Complete in Place 2 EA $ 1,75D.00 $ 3,500.00 612 5" Thick Concrete Pavement, including Monolithic Curb, Complete in Place 1,227 SY $ 52.00 $ 63,804.00 613 7" Thick Concrete Pavement Driveway, including Monolithic Curb, Complete in Place 1,943 SY $ 54.00 $ 104,922.00 614 4" Thick Concrete Slope Paving, Complete in Place 33 SY $ 95.00 $ 3,135.00 615 Energy Dissipator Blocks, Complete in Place 8 EA $ 250.00 $ 2,000.00 616 8" Thick Concrete Transformer Pad 1 EA $ 4,500.00 $ 4,500.00 Sub Total - Pavement and Earth Work $ 269,705.00 Construction Cost $ 575,021.55 Contingency $ 30,000.00 Total Construction Cost $ 605,021.55 Time of Completion (Calendar Days) 90 r- -I Document A305T' -1986 Contractor's Qualification Statement The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTEDTO: Brazos County Purchasing ADDITIONS AND DELETIONS: The author of this document has ADDRESS: 200 S . Texas Ave added information needed for its completion. The author may also Suite 352 have revised the text of the Bryan TX 77803 original AIA standard form. An Additions and Deletions Report that notes added information as SUBMITTED BY: Texcon General Contractors well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where NAME: the author has added necessary information and where the author has added to or deleted from the ADDRESS: PO Box 138 original AIA text. Kurt en TX 77862 This document has important legal consequences. PRINCIPAL OFFICE: Consultation with an attorney is encouraged with respect to its completion'or modification. [X] Corporation This form is approved and [ ' ] Partnership recommended by the American [ ] Individual Institute of Architects (AIA) and The Associated General [ ] Joint Venture Contractors of America (AGC) for use in evaluating the [ ] Other qualifications of contractors. No endorsement of the submitting NAME OF PROJECT (ifapplicable): Brazos County JP/Constable Preeit� 0rvenftcation of the n ormation is made by AIA or Building Sitework CIP 22-615 AGC. TYPE OF WORK (rile separate form for each Classification of Work): [ x] General Construction [ J HVAC [ ] Electrical [ ] Plumbing [ J Other (please specify) AIA Document A305111—1986. Copyright ©1964, 1969,1979 and 1986 by The Amedcan Institute of Architects. All rights reserved. WARNING: This AIA** Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or 1 any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:18 on 03122/2006 under Order No.1000201877 1 which expires on 1011112006, and is not for resale. User Notes: (2533789901) 0 § 1.ORGANIZATION § 1.1 How many years has your organization been in business as a Contractor? 3 8 Years § 1.2 How many years has your organization been in business under its present business name? 8 Years ' § 1.2.1 Under what other or former names has your organization operated? Civil Constructors Inc dba Texcon General Contractors § 1.3 If your organization is a corporation, answer the following: § 1.3.1 Date of incorporation: 1- 2 -10 § 112 State of incorporation: Texas § 1.3.3 President's name: Carey D . Smith § 1.3.4 Vice-president's names) 0. E . Smith Spencer Buchanan § 1.3.5 Secretary's name: Christine Martin § 1.3.6 Treasurer's name: § 1.4If your organization is a partnership, answer the following: § 1.4.1 Date of organization: N/A § 1.4.2 Type of partnership (if applicable): N/A § 1.4.3 Name(s) of general partner(s) N/A § 1.5 If your organization is individually owned, answer the following: § 1.5.1 Date of organization: N/A AIA Document A30STM —1986. Copyright © 1964. 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or 2 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:18 on 03/27J2006 under Order No.1000201877_1 which expires on 10111/2006, and is not for resale. User Notes: (2533789901) § 1.5.2 Name of owner: N/A § 1.6 If the form of your organization is other than those listed above, dekcribe it and name the principals: N/A § 2. LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. N/A § 2.2 List jurisdictions in which your'organization's partnership or trade name is filed. N/A § 3. EXPERIENCE § 3.1 List the categories of work thai your organization normally performs with its own forces. see attached § 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) § 3.2.1 Has your organization ever failed to complete any wort: awarded to it? No § 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No AIA Document A305Tm —1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any poolon of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:18 on 03/22/2006 under Order No.1000201877 1 which expires on 10/11/2006. and is not for resale. User Notes: _ (2533789901) 3 Vol. a;s-cl Pg. `i3 § 3.2.3 Has your organization Filed any law suits or requested arbitration with regard to construction contracts within the last five years? § 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer.is yes, please attach details.) No § 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. See Attached § 3.4.1 State total worth of work in progress and under contract: § 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces. See Attached § 3.5.1 State average annual amount of construction work performed during the past five years: § 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. See Attached AIA Document A305TM —1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or 4 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1328:18 on 03122/2006 under Order No.1000201877_1 which expires on 10111/2006. and is not for resale. user Notes: (2533789901) q� Vol.s� P9. a § 4. REFERENCES § 4.1 Trade References: See Attached § 4.2 Bank References: See Attached § 4.3 Surety: § 4.3.1 Name of bonding company: FOCI Insurance Compnay § 4.3.2 Name and address of agent: Jim Siddons 3834 Spicewood Springs, Austin TX 78759 § 5. FINANCING § 5.1 Financial Statement. § 5.1.1 Attach a financial statement, preferably audited, including your orga nization's latest balance sheet and income statement showing the following items: See Bond Information Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e.c., capital, capital stock, authorized and outstanding shares par values, earned - surplus and retained earnings). § 5A.2 Name and address of firm preparing attached financial statement, and date thereof: AIA Document A305TMm —1986. Copyright 01964, 1959. 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or 5 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:18 on 03/22/2006 under Order No.1000201877_1 which expires an 10111/2006, and Is not for resale. User Notes: (2533789901) Vol. � � Pg. a 5 0 § 5.1.3 is the attached financial statement for the identical organization named on page one? § 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). § 5.2 Will the organization whose financial statemeni is attached act as guarantor of the contract for construction'? § 6, SIGNATURE § 6.1 Dated at this 1 TT day of T)eeej .,-,— Z) Z i Name of Organization: Texcon By: /J � Title: �� (��r�te.�✓✓` § 6.2 being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this S� day of 20 2 Notary Public: / My Commission Ex Ir MURPHY BENJAMIN WALL. JR. � Notary Public, State of Texas =N.t, tvE Comm. Expires 11-28-2024 4��F 0, a,,, . Notary ID 129216864 [---- — — - - - "Nor"Imp" AIA Document A305TM —1986. Copyright ©1964. 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIAz Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or 6 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:28:18 on 03122/2006 under Order No.1000201877_1 which expires on 10111/2006, and is not for resale. User Notes: (2533789901) Vol. 35p pg. Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #1 to CIP 22-615 JP / Constable Precinct 1 Building Site Work Issued: October 25, 2021 Change: Adding Time of Completion (Calendar Days) to Bid Form Reason: Was not on Original Exhibit B - BID FORM Need to know the time of completion for evaluation, therefore it needed to be on the bid form, please see the new Exhibit B — Bid Form attached. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in' the bid. Acknowledgement of a Signature: Printed Name.-,-"�PrL V01. Aso Pg.��._ Brazos County Purchasing Department Y p F• 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #2 to 22-615 Pet. 1 Sitework Issued: November 24, 2021 Change: Miscellaneous changes to bid form, specifications & plans Reason: Vendor questions and building coordination Please see attached Addendum 2 Report, 3120 00- Earth Moving specifications, BRAZOS COUNTY JP1 - ADDENDUM 402-2021-11-24 and Geotech Report. Replace the previous versions with the attached. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of a dum: Signature: Printed Name: J vol. `"b Pg. I - --2e a 0.01AIA' Document A310TM = 2010 - • - : BidBond - .:-CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Texcon General Contractors of business) FCCI Insurance Company ' : P O Box 1.,38, Kurten TX 77862 This document has important legal 6300 University Pkwy, Sarasota FL 34240 consequences. Consultation with :.OWNER' an attorney is encouraged with (Nam e,`leggtal.status an&address) respecf to Its completion or modification. `Brazos :.Cooniy Purchasing: Department Any singular reference to :200 S Texas Ave., Suite 3'52, Bryan, Texas 77803 Contractor; Surety, Owner or tOND:AMOUNT: Five Perc'ei t of the Greatest Amount Bid (5%) other party shall be considered plural where applicable. PROJECT: "(Naive, location or address, and Project number, if any) t �,. JP%Constalle'Precinct 1 Building Site Work Project.Number, if any: ]tFP No: CIE 22-61.5 =:The. Contractor: and`Suietyare bound to the Owner in the amount set forth above, for the -payment of which the ;Contractor' and.Surety i}nd themselves, their heirs, executors, administrators, successors and assigns; jointly and .4 - severally,- as;piovided'hereni'The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time speced in -the bid documents, or within such time period as may be agreed to by the Owner and f Contractor,, and -tie Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such:bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted iction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract in the jurisd and-for-ihe.p ompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the -Owner the diffecence,'not to exceed the amount.of this Bond, between the amount specified in siid bid and such larger amount ' for which the Owner may ingood• faith contract with another party to perform the work covered by said bid, then this i obi gation'shall be null andvoid,:otherwise to remain in full force and effect. The Surety,hereby waives any notice of an•agreemerif.between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice:by the;Surety shallmot ipply to any extension exceeding sixty (60) days in the aggregate beyond the time for # :' 'acceptance of bids specif ed,.' `the bid_ ^documents, and the Owner and Contractor shall obtain the Surety's consent for an'exten'sioab'eyoad sixty=(60)#days: If this Bond is issued -in connection with a subcontractor's bid to a Contractor, the.term Contractor in this Bond shall "-` -be deem -to be'$ubcoutraclor and the term Owner shall be deemed to be Contractor. When this Bond lias:been':furiiished'to comply with a statutory or other legal requirement'in the location of the Project, any provision:inthis Bond"conflicting with said statutory or legal requirement shall be -deemed deleted beretrom and I -''provisiow q6 orming to such statutory or other legal requirement shall be deemed incorporated her When so furnished, &intent is that this Bond shall be construed as a statutory bond- and not as a common law bond. Signed and sealed this 2nd- day of December, 2021 _ - - Texcon General Contractors i ss) (Princi al) (Seal). ' FCCI Insurance Company ( rety) (Seal)` irnil AQ'= irle) ril Terba Init AIA Document A310TM — 2010. Copyright ©1963,1970 and 2010 by The American Institute of Architects. All rights reserved.;,, Vol. Pg. a Cl RQ RSA FC. GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Ccmpany,,a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: James F Siddons;.April M Terbay; Patrick L Watkins; Rodney Watkins; Andrew Webb; Joy Holten; Hanna Ogle; Sheila Pennington Noxon Each, its true and lawful Attorney -In -Fact, to make, execute, seal and deliver, for and. on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $20,000,000.00):- $20,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized 'any further action by the officers of the Company necessary to effect such transaction. . The signatures below and the seal of the Corporation may. be, affixed by facsimile, and any such facsimile signatures'or.facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FCC[ Insurance Company has caused these'presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 23rd day -of July 2020. " Attest:) r'•':_.' ao r : AAT� •o's V GOp Christina D. Welch, President T �LL SEAL Christopher Shoucair, - FCCI Insurance -Company ,yy� _I EVP, CFO, Treasurer, Secretary," ;�oR�oP FCCI Insurance Company _ ' State of Florida '''•�^•' " = County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2023"''`; wticogr�ax�azwaos: -` 'E.oamnaz+ Notary Public State of Florida County of Sarasota Before me this day personally appeared Christopher Shoucair, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2023 ;P. gy.auiresgm. �i `ciz egy.3riow:, - Mj co"vidwcm tx310i9bs E�dresova�o23 Notary Public CERTIFICATE I', the undersigned Secretary of FCC[ Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 2%,. 2020 . Resolution of the Board of Directors, referenced in said Power•of Attorney, is now in force. Dated this 2nd -day of . December -, 2021 Christopher Shoucair, EVP, CFO;;treasurer,-Secret&y FCCI Insurance Compaq 1_; ___- 1-IONA-3592-NA-04, 712021 Vo9. b Pg•2$b f '\ IMPORTANT NOTICE To obtain information or make a complaint: You may call FCCI Insurance Group's (FCCI)* toll -free telephone number for information or to make a complaint . at .1-800-226-3224. You may also write to FCCI Insurance Group Compliance Department e-mail at StateComplaints@fcci-group.com. For Claims, you may write to FCCI Insurance Group Claim Department e-mail at newclaimO-fcci-group.com. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance: PO Box 149104 Austin TX 78714-9104 Fax: 1-512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtections(&-tdi.texas.goy PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact FCCI first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the. attached documents. *The FCCI Insurance Group includes the following insurance carriers: Brierfield Insurance Company, FCCI Advantage Insurance Company, FCCI Commercial Insurance Company, FCCI Insurance Company, Monroe Guaranty Insurance Company, and National Trust Insurance Company. 1-BD-TX-21690-NTP-07 15 Page 1 of 1 Copyright 2016 FCCI Insurance Group. Vol. Pg1;&Q CIVIL CONSTRUCTORS, INC. DBA TEXCON GENERAL CONTRACTORS Mailing Address PO Box 138 Kurten TX 77862 Physical Address 1061 Innovation Dr Bryan TX 77862 Phone 979-690-7711 Fax 979-690-9797 Federal Tax ID Number 32-0299388 Company Introduction, Organization and Integrity E �C� fig. � �'� CIVIL CONSTRUCTORS, INC. DBA TEXCON GENERAL CONTRACTORS Texcon General Contractors is a multifaceted construction company with years of experience in the infrastructure, industrial, pipeline, highway and materials industries. Texcon was established in 1981 and. was incorporated in the State of Texas in 1986. Texcon's history displays excellence in the workmanship and integrity in the management of its construction activities. Texcon uses this experience for the betterment of its community and state. Texcon General Contractors is proficient in site work, underground utilities, concrete work, earthwork, excavation, demolition, stabilization, compaction, site drainage and paving. Texcon has administered contracts for state and local governments, private industries and mining projects. Additionally, Texcon supplies material such as topsoil, select fill, bank sand, gravel, aggregates; manufactured cement sand, manufactured cement base and limestone base to many local companies and individuals. From 1998 to 2006, Texcon provided civil engineering services to its clients, primarily for design -build projects. In April 2006, the engineering division became a separate entity, Civil Development, Ltd. In 2010, Civil Development was sold. Texcon continues to work closely with other local engineering firms to provide design build services for their clients. All design work is prepared under the direction of licensed professional. engineers. Texcon has its own fleet of construction equipment that it utilizes on its projects. Their fleet consists of over 80 pieces of equipment, including dozers, motor graders,, scrapers, backhoes, loaders, compactors and water trucks, which are all used in site work and utility construction. Other major equipment includes a concrete curb machine, shuttle buggy & hot mix asphalt Iaydown machine, oil tanker truck, 2 haul trucks, pug mill; a materials yard, and sand and select materials pits. Texcon transports construction materials such as sand, base material and hot mix asphalt for their projects using their fleet of 12 dump trucks and tractor -trailer units. Texcon takes pride in its work and performs projects using high standards. HOME OFFICE: Texcon General Contractors PO Box 138 Kurten, Texas 77862 Phone (979) 690-7711 Fax (979) 690-9797 Company Introduction, Organization and Integrity Vol, �SO Pg. �3 TEXCON GENERAL CONTRACTORS KEY EMPLOYEE LIST Carey A Smith, President Carey graduated from Texas A&M University in 1983 with a Bachelor degree in Business -Management. He founded Texcon as a general contracting firm in 1981. He is experienced in the construction of residential, commercial, and industrial. projects, as well as public utilities, agricultural, and oil field construction. Carey was the A.G.C. Bryan Area 6 M/U Vice Chairman from 1998 to 2001, and was the A.G.C. Bryan Area 6 Chairman between 2002 to 2004 and 2015 to present. He is also a certified safety instructor. Carey is the Vice President of Texcon Pipeline Construction Co., Inc. O.E. Smith, Vice President O.E. has 44 years of experience in utilities supply and construction consulting. He is the retired Vice President of Municipal Pipe and Fabricating, in Houston, Texas. He spent those years as an administrator, instructor, and troubleshooter on piping systems in multi -million dollar utility projects throughout the state. He is currently the President of Texcon Pipeline Construction Co., Inc. and Vice President of Texcon General Contractors. Christine Martin, Controller Christine graduated from Texas A&M University in December 2001, with a Bachelors degree in Business Administration in Accounting. She is responsible for financial statements, general ledgers, audit reports for various entities, developing internal controls, and accounting procedures for various industries. She also is responsible for all phases of accounting, including federal and state reports and tax returns. Beniamin Wall, Estimator - Ben graduated from Texas A&M University Dwight Look College of Engineering in 2010 with a Bachelor of Science degree and is a Texas Certified Engineer in Training. He is responsible for a project's quantity takeoffs, cost estimation and management. This includes material pricing, subcontractor pricing and coordination, invoicing and project scheduling. He is also responsible for building and updating the GPS grading models employed by the earthwork crews and general GPS maintenance and implementation. Spencer Buchanan, Project Manager Spencer graduated from Texas A&M University in 2009 with a Bachelors degree in Business Administration in Finance. He brings to the table experience as a heavy highway project manager in Maryland on SHA/FAA administered contracts, as an international project manager with a defense contractor for the State Department, and as a residential acquisition and development manager in Houston. While in Maryland he earned an MBA in Management from Loyola University and Project Management Professional (PMP) credentials. Spencer is currently responsible for the project management aspect of all new projects here at Texcon. Randy Sidord, Field Operations Manager Randy has over 20 years of experience as a heavy equipment operator, business owner and supervisor in highway, site, oilfield construction as well as survey and layout. He is responsible for all phases of construction. John F. Wiley, Fleet Safety Manager John was appointed to the U.S. Naval Academy and also attended the University of Maryland and The Victoria College. A U. S. Marine Corps veteran, he holds a B.S. in Systems Engineering, was added to the National Registry of Paramedics, and holds Instructor certifications in Advanced Cardiac, Pediatric and Trauma Life Support. Upon completing flight school, he earned his FAA Commercial Pilot certification with Instrument Rating. John has over 25 years in safety sensitive positions in both the public and private sectors, focusing on Environment, Health, and Safety. (EHS), medical sciences, transportation safety and maintenance. He has in-depth knowledge to implement safety regulations at the local, state & federal level. Company Introduction, Organization and Integrity Vol. pg-aaL 3 a -Is I i. 1 TEXCON GENERAL CONTRACTORS Subcontractors, Suppliers, Banking Subcontractors RFE Construction PO Box 4770 Bryan, TX 77805 Ruben Escalante: 979-587-1151 Office Line: 979-778-9803 Centex Hydroseed PO Box 241 Bedias, TX 77831 Randall Richards: Office Line: 936-395-0374 Reliable Pipe Cleaning 7800 Peggy Ln Pearland, TX 77584 Robert Jenko: Office Line: 281-781-5507 S-Co Residential Services 2329 CR 348 Jewett, TX 75846 Randy Sigford: 979-219-4162 Office Line: 903-626-5454 Precision Pavement Maintainance 2 West Bronze Lane Bryan, TX 77807 Shane Miears: Office Line: 979-822-1300 Suppliers Texcrete Ready -Mix Concrete PO Box 3906 Bryan, TX 77805 Pat Bond: 979-402-3318 Office Line: 979-985-3636 Lhoist North America of Texas 5274 Paysphere Cir Chicago, IL 60674 Becky Hagens: 830-221-1613 Office Line: 800-365-6724 CMC Construction Services . PO Box 844573 Dallas, TX 75284-4573 Kim Pavlich: Office Line: 713-799-1150 BPI Materials PO Box 714 Bryan, TX 77807 Martin Jackson: 979-822-7605 Office Line: 979-823-7605 . Core & Main, LP PO Box 28330 St. Louis, MO 63146 Harold Campbell: 979-690-8448 Office Line: 979-690-8448 Banking American Momentum Bank One Momentum Blvd College Station TX 77845 Frank Varisco-President 979-599-9348 Company Introduction, Organization and Integrity TEXCON GENERAL CONTRACTORS -Authorized Agent to negotiate/expedite a bid quotation/contract: Carey Smith, President PO Box 138 Kurten, TX 77862 Phone: 979.690.7711 Facsimile: 979.690.9797 Email: careysmithOtexcon.net -Bonding Information: Capacity: $10,000,000.00 per project; $30,000,000.00 aggregate FCCI Insurance Group Jake Morphew 2435 North Central Expressway, Suite 1000 Richardson, TX 75080 Office: 800.226.3224 Cell: 254.749.0597 Agent: Watkins .Insurance Group Jim Siddons 3834 Spicewo6d Springs Austin, TX 78759 Office: 512.637.4123 Cell: 512.413.0914 -HistoricaIly Underutilized Business (HUB) or Disadvantaged Business Enterprise (DBE) Information: Not Applicable to Texcon Company Introduction, Organization and Integrity vol. � pg. SCp .3: TEXCON GENERAL CONTRACTORS PM/ Superintendent Competence and Qualifications Texcon is proudly staffed with competent Project Managers and Superintendents. Leadership from more experienced individuals is passed on to the junior supervisors through internal pre -con meetings, on -site progress meetings, all the way through final punch list acceptance, which has been the most effective approach to maintaining a trained staff. From earthwork to utilities and paving, they are a complete turn -key solution for clients wanting one contractor that is staffed to perform their projects efficiently and effectively. Texcon's Project Managers and Superintendents all have multiple years' experience on public infrastructure projects, more specifically•in the B/CS area. They pride themselves on the teams they've built which has repeatedly proven they can construct projects, on -time and budget while maintaining integrity of the project through completion. Such staff has ensured. all projects have been completed per specification and all projects have been completed/accepted without issue. In addition to experience, all field. supervisors contain varying safety certifications through continuing education. Attached are resumes and safety certifications of their staff along with a project list showing in detail the experience of each individual. PM/Superintendent Competence and Qualifications Vol. D pg. aS 7 I Proposed Superintendent and Project Manager Superintendent (field) & Project Manager (office) proposed for the project, years of experience in their position, and list of projects, which they managed. Projects that were managed by Superintendent: Superintendent's Name: Projects Project Name: Project Name: Project Name: Project Name: Project Name: Project Name: Randy Sigford Number of Years Experience: 25 City/State: Bryan TX City/State: 'Bryan TX City/State: Bryan TX City/State: Bryan TX Madisonville Airport MADVL 1817 City/State: Madisonville TX BTU Mobile Subst. Drive Improy. City/State: Bryan/College Station TX Leonard Crossing Ph 1 and 2. Rellis Academic Complex Ph 1 Winding Creek.Ph 1 and 2 Boulder Creek Subdivision Projects that were managed by Project Manager: Project Manger's Number of Years Name: Spencer J. Buchanan Experience: 8 Projects Project Name: Leonard Crossing Ph 1 and 2 City/State: Bryan TX Project Name: Relhs Academic Complex Ph 1 City/State: Bryan TX Project Name: Winding Creek Ph 1 and 2 City/State: Bryan TX Project Name: Boulder Creek Subdivision City/State: Bryan TX Project Name: Madisonville Airport MADVL 1817 City/State: Madisonville TX Project Name: BTU Mobile Subst. Drive Improv. City/State: Bryan/College Station TX See attached packet for additional projects completed by Texcon which includes projects completed by above listed personnel. Additonal information via resumes for listed superintendent and project manager attached hereto Randy Sigford Field Operations Manager Texcon General Contractors PO Box'138 Kurten. TX 77862' 979.219.4162 Educational Background: -Buffalo High School `88 Licenses or Certifications: - SEO, CCP, T&E, UTC & SW3P Documented specialized expertise demonstrating such specialized capabilities pertinent to public infrastructure construction: -25 years' experience in earthwork starting as an operator -21 years' experience as an earthwork supervisor -10 years' experience as field operations manager within B/CS spec standards Descriptions and examples of specific proiects by individual and their role in the work This includes: proiect name/location proiect description, company name work performed under, year completed, owner representative's name title address and phone number: -See attached PM/Superintendent Competence and Qualifications Spencer Buchanan Project Manager Texcon General Contractors PO Box 138 Kurten TX 77862 979.204.4022 Educational Backkround: -Bryan High School `05 -Texas A&M University, BBA in Finance `09 -Loyola University Maryland, MBA in Management `12 Licenses or Certifications: -Project Management Professional (PMP) Certification Documented specialized expertise demonstrating such specialized capabilities pertinent to public infrastructure construction: -9 years' experience.in heavy civil project management including SHA/FAA, State Department and local municipality issued contracts -3.5 years' experience in B/CS public infrastructure project management Descriptions and examples of specific proiects by individual and their role in the work -See attached PM/Superintendent Competence and Qualifications Vol. 3,5-0 pg,;��® Dan Dyess Utility Superintendent Texcon General Contractors PO Box 138 Kurten TX 77862 979.218.5326 ' Educational Background: -Bryan High School `87 . Licenses or Certifications: -SEO, CCP, T&E, UTC & SW3P Documented specialized expertise demonstrating such specialized capabilities pertinent to public infrastructure construction: -20 years' experience with B/CS Spec utility installation -12 years' experience as Utility Superintendent overseeing B/CS City Spec installation Descriptions and examples of specific proiects by individual and their role in the work This includes: proiect name/location, Proiect description,,company name work performed under, year completed, owner representative's name, title, address and phone number: -See attached PM/Superintendent Competence and Qualifications 3S �g. vol a (�l Archie Hirsch Earthwork Superintendent Texcon General Contractors PO Box 138 Kurten TX 77862 979.402.7425 Educational Background: -Willis High School `90 Licenses or Certifications: -SEO, CCP, T&E, UTC & SW31? Documented specialized expertise demonstrating such specialized capabilities pertinent to public infrastructure construction: -23 years' experience in earthwork starting as an operator -18 years' experience as an earthwork superintendent Descriptions and examples of specific projects by individual and their role in the work. This includes: Proiect name/location, Proiect description, company name work performed under, year completed, owner representative's name, title, address and phone number: -See attached PM/Superintendent Competence and Qualifications Vol. fig. Jimmy Sigford Concrete Superintendent Texcon General Contractors PO Box 138 Kurten TX 77862. 979.213.0133 Educational Background: . -Buffalo High School `85 Licenses or Certifications: -SEO, CCP, T&E, UTC & SW31? Documented specialized expertise demonstrating such specialized capabilities pertinent to public infrastructure construction: -3 years' experience as concrete superintendent managing 15+ man crew on private and public concrete work including B/CS spec ROW streets, sidewalks, boxes and culverts. Descriptions and examples of specific Proiects by individual and their role in the work This includes: proiect name/location, proiect description, companv name work performed under, year completed, owner representative's name, title, address and phone number: -See attached PM/Superintendent Competence and Qualifications Pg/ C 7 7 7 7 7 r0 7 'O 'Q 7 'O 7 7 7 7 a 7 7 7 'O 7 7 7 7 -2 7 7 7 F a s C ,o m N O �5o VI O m N �6'o m O N N O �60 V1 O �6'o VI O m V! 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VI in i!I N N N N {%1 in In VI 7 C N N 7 c 7 7 F 7 7 c 7 7 c c 7 7 c F T T 7 7 G m 7E 7 m N 7 A , > 7 A > 7 7 N C T 7 N T 7 G T 7 A > 7 A > 7 > 7 N > 7 A > 7 N > > 7 7 G > T 7 7 N T > 7 7 N N > > 7 7 N C > > 7 7 C C > > 7 7 F N > > 7 7 R R > > 7 7 N > > 7 7 > > 7 7 > T 7 7 > T 7 7 G > 7E ICa fGO IGa IGO N N N IGa lGa R N N ¢ u u u u u u u U u u u u u u u u u u u u u a u u u O ¢ c a c a a c a a c C C a a C a u a C > a a e y e u aci u c y 0 e a 0 acl aciaci c Cc u aei u aei a a c Cc u e y y c aci 6 a m a a N m a a N N a n m N ryry n V N a U m a a N N n N a N n ryIp N U a N a m a N a m a N a N a m a N a a N m a a N N a n N N a a N N a a N N a a N N a a N N n a N N a v N m a a N N a n m N a a N m a N ,�a E Q m m Q Q m m m Q m Q m m m O pp m O Q Q N m m O m O W m Q N n m n w O m Q m O O Q m m m W m Q m N m o Q O m m O N O Q m O n m m n H m N Q n n n n O O H O Q N t0 n W O } 0 00 H I!1 m Q Q H W m H Q n m H Q J m Q H m o Q Q m n m m N Q rI m o H N m m Q Q Q O H N N H m Q n N H IV m Q m Q O N m Q m m H N m Q M ry O m ry Q O O m N Q H Q IO H n ID N H n O m N H N O O m N Q n m m H O m N Q m W 0? n m t0 Q m H m n Q m Q Z 10 O {O O rl t0 O IU a0 IV IC O 0] C taaV .-1 a 01 ID w w a N tG Vf as t0 C 00 a0 .ry-1 .ryry-1 10 O 01 1� N m .-1 OG fV CG �O m Oi IO 01 R IO C m aQ0 N n W W In0 N b cq INO, N ONa {O n M n CQO N W fNrj oQ0 N N W lnrl N m n n a W !2 Ln C N Vnl, N N W N N aQa N n GQa Inn O L m n m m n n m 0 n Q 01 Of 01 01 .i m m m H m m m 01 Of n N m n m n m n m n m m n n m 01 n n .-1 a m N a m N n m N n H m m n n m m n n m m n n 01 m n m N m m � m N n m Q m H n m n a m m m m m m m m m N m N m m N m m m m m m m m m m m m m m m N N m m N m m m m m m m m 001 m m m N m m a i m N 'ap O O O O W F O O C 0v ra ari ra iGO+ ` •• y >0 ract1Oo 3N oO o` ❑ O o to E `cmc 3 m dtr > 0=3 3 0 S c L O c E g c o 3 c ''i c y a c 0jm c ar n c c ❑ c c@ c Ym3 r m C m 10 aL. ` r c m m u 'ao 0 a q L Z. `0 0 G o m m O m c a m v o 'o 3 c E p a e o� m 7 a o> c 3 a o 3 v o p a -o o a N a 3 o 0 N E o m m E A 0 N ��y�� J _���� �� m yL ai x3 i o¢�mzo m<a`m�z�^> g >��>13 x 3 7 q>> y y 2 .ro 3 `" v J 9 c«- x>> N =I > m m 3 3 2' 7' In �« x E x •� E¢> E_ .� P; o rwF uir �J, u i ¢ ❑° ? 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G c a v c v�j o a U a t�if a v c �>, c c a c w N s w G In a a c N s o a ami a u c a c y �• F e a �' c c �' c m J a J O u J-- 0 m u 0 0 u u J 0 0 U u O tg u 0 uo U 0 O O u E Z' O u z O u O O u O O u Z' 0 0 u 0 0 u 0 z O z O C O D O O O O A O J@@@@ O C J C O J O u u 0 p °p`0 m 0 m `0 0 u `0 0 m 0 U 0 0 m `0 u 0 0 u 0`0`0-0-0 u m m u 0`0`0`o m u m a`o u u 0 u u o`o`0 u u 0`o`p m U u m 0`a`a m u 0 u 0 �� � �LLMM��Mi�9 kI kI F:' 2 mumuummmummu iu m �u m u m u m'u u muummuuuumuuu'uumuuumuumr'uumm 19 `o 3 0 N 7 m N G m S L 6 m C` 12 k, z N ~ C N C H m CP Q\ N m a p C 4 Q 1 G a m L o O m c c ._ L a y g .e a >, la xe x a x a M - E « x L n. 00 c' '7 Y e ui G d a s m G > Li J> u q u H n GI N E u o L ry N a v a In a 3 L m 0 L n to u a m u a m t m a 3 = w a m n u a a a m c L Y N 5 a j n E N E O y a N n n 6 7 E N N H L. m to G W a vJ1 In H N m ry R N N N N m N _^ v N L W N a� tma L M U fmn m COJ f1Q'1 0 _•a ❑ a H aw 3 a o 3 N W a 3 0. c m a L 3L 3Z3 Ym C= m> 3. c L` U et c x u x c a m C `I a a 7> al O U O c E x m a Y s a a� x a v 7 C` w> 7 y Ia a- c y❑ p a p m 2 ❑ p 7 m? 10 7 yyA p 7 H G y o LL U v Y Q u y ai 7 �e J m •p e as ¢ a z xa U m� Zp5Y mx Y E ii m E m� ai LL.• m N « E `w C A a:�= W u c� 'O Yal o 'O Y o uu w c 0Q;N'x� 'O �' > j a y W ci > a E �.9 N q 7> °oo QQ• G !!1 A x a p m c O J .^0 a a .�GG 9 y 0` p •70 N O C q C .�R- N 'L O C d 7 VInI C QI V J 7 i 'L" O La La C 'C a m N 'p 5 _m 7 pGlp Ea F C ❑ F C F- U C a l.1 N❑ K V .9 5 S Z_ U¢ U VI u❑ S U H O y U a J S N U 5 O 2 5¢ S a n n n n m m m m m m m 0 0 0 0 0 0 0 0 H H H H N N N N m m m m m m Q Q Q Q Q Q N Vf N N N N m �O 10 tD . On m U W m U' l7 m m l7 0 m m 0 C7 m m l7 C7 m m l7 U' m m l9 L7 m l7 m l7 m m U' C7 m l7 m l7 m l7 m l7 m U' m l7 m l7 m C9 m m (� l7 m m (� (� m m (� l7 m m l7 l7 m m C7 l7 m m C7 l7 m m [7 l7 m m U' U' m m U' l7 m m U' l7 m m l7 l7 m m C7 l7 m U' CL Vol. USA pg. TEXCON GENERAL CONTRACTORS Technical Adequacy 'of Personnel Texcon is proudly staffed with competent field personnel. Leadership from more experienced individuals is passed on in the field to junior induvial through hands-on training, which. has been the most effective approach for Texcon in maintaining a trained workforce. Their workforce is split up by crews which include earthwork, utilities, concrete, survey, materials, maintenance and also a miscellaneous crew. Superintendents have multiples crews that work under them, of which include foreman and depending on the crew, specialists and laborers. With this structure Texcon is able to service all aspects of projects with multiple crews. By having superintendent led, foreman managed crews, Texcon is able to manage effectiveness and efficiency on its projects. This structure also -promotes opportunities for advancement amongst its personnel. Attached is a copy of their crew lists along with an accompanying job list. This job list exhibits recent projects which superintendents and their crews have completed. ---------- Personnel Proposed for Project Denoted by ; '------------' Technical Adequacy of Personnel vol. d Pg.al es Texcon General Contractors Company Personal by Crew J,bho y.;,. Sigforcl.`_ . Gdnera! Superintenddriti.;• ^ _ 13!• SEO;.GCP.;,T&E,,UTC; SWP3 Hector Alvarez Foreman, Asphalt Operator '15 FEO, CCP, T&E, UTC, SWP3 Anastacio Sala!' Ashalt Labor 13 Baltasar Ponce Operator/Foreman <1 FEO, CCP, T&E, UTC, SWP3 Chris Coleman Haul Truck Driver 1 3 John Moehlman Survey•Pa•rty.Chief• 2'. Gavin ISteele I ILaborer <1 Irineo Gulllen-Tello loperator 6 David Ramby I 10perator 3 Dan "' Dyess .: Jr:. Utili ••:Su e_rintendent •15 , SEO CCP., 7&E,'UTC,:SWP3 Amado Sanchez-Reyna Pipelayer <1 Eleazar Cruz-Zamurano Utility Foreman 15 FEO, CCP, T&E, UTC, SWP3 Clayton Dyess Laborer 3 Benito Garcia Sr. Laborer 4 James Grenwel e 0 erator 2 Roberto Martinez loperator 11 Reynaldo Martinez Pipe Layer 6 Fernando Ocampo Lopez Pipelayer 4 Antonio Ponce Pipelayer 7 Jose Albares Foreman 1 FEO, CCP, T&E, UTC, SWP3 ionathan n er a or a per Carlos Granados Laborer 1 Dustin Green Laborer <1 Benard Rainey Laborer 1 Jose Rico -Rodriguez Operator <1 Manuel Rojo -Marquez Laborer 1 Juan Silva ILaborer 1 Pedro Ruiz Jr. Laborer <1 ■ :1 Texcon reserves the right to substitute personnel and/or equipment if/when needed to maximize efficiency of this project in conjunction with all other concurrent projects. i VOL3��� Pge-ayCkLo C i a72 v..°.. a -2 aO aO aO aO 'E,Q EO a p 'E22 vQ C O .Or. d C N N VI ii1 N 1%1 VI N N y N VI V1 VI VI N N L1 N N VI N N V1 N ul N iy 0 0 1O » > E E 10 T E E T E E T T E E E E T T E E E E T> E E E E T E E T E E E E T T E E E E >>>> E E E E E E E E E E >>> E E E E E E C >> E E E E T T E E E E > E E '0 >> E tO E E E — uN N Lri N N y a m m m m u u uu .s, 'c a odo usuu •Y d O O O O O y p t� n ro ro ro m m ro` ro ro m ro d u Ol d u u ro d u u d d� u u d u d 01 u u p u �pCm W N C G C C S C C 2 2 G x G G L C C C L 2 \ C C \ C G G F C L S C ro ro C C ro C C C Q ro ro C C ro ro C C C C Q Q Q Q Q Q S Q Q Q Q 11 d N d` N `m N `m 12m` a W 00 ea N V� N m N O m v v� 0 OO y v m v y y m a ar ¢¢ m s w¢ W a 0 W a O N a m¢ Td a O �7 �' 0I m EL �" v a¢ y w EO a N m m> w d¢ 00 a N m N N u m N m no a 0 r arh� O b 2 O L 2 a =� C 2 a C 0 0 C C 0 9 C P - O C OO C C ro O C P G O❑ C C O C O C C 9 O C Q C C O C O A C c a c 7 N ❑ c❑ c❑❑❑ 2 0❑ 2❑❑ Q G CI x❑ 2❑ 2❑ x❑❑ 0 2 x❑ 2❑❑ c 2 0 2❑❑ 0 0=❑ O x❑❑❑ 2❑❑❑ O C ° a G m a D rot a TO `o oO �IiO a a 0 �Kp a a 0 0 e] ] a a 0 0 ,CO �➢ a a 0 0 0 a a 0 0 _0 "t_L v a-, 0 0 m AGO v 0 0 i v E 0 0 YO m a a `o `o ,GO m a a O OQ p TKO E E 0 Fc m a a 0 0 GO eO a v 0 0 e0 m a v 0 0 m O v a 0 0 O � a a 0 0 �0 N a a 0 0 t NCO v v 0 0 _O � a v 0 0 m SCE v v 0 0 UGC a0 E a 0 0 m TKO a a 0 0 Z i v v 0 0 � m a a 0 0 W c0 v 0 >t 0 m N > H h > T N N > > N N > > N vl > > VI N > > N N > > N Vl > T N N T V1 VI > > N IA > > IA vl > T N vl > > N h > T h h > > N N > > N N T > N N > > N Vl > > N N > > w V1 > > �/1 IA > > 0 VI > > IA N T > IYI N > H H > VI > 6 w 2 2 C 5 K C K K 5 K G C 6 C C C C 2 C C 2 S C C 5 C C C C C C C K K C C 2 C C 2¢¢ C C 2 C 2 }U. W Q Z O Q L C d C C C p d a C y C` d u N C U m d u C C d d N N d tdi C C d d N N U C v ro N tdi C ro C N m d C d L N m u d G C d N N u CC L d n m N u C N m u IS C C ro d N N tdi u C C d d N N u u a C d N N tdi tdi C L d d N N u U L C d d N N d tdi C C d d N fn u u C U d N N tdi C d C N m U C� d N N u C C d m N u C d N m V u C U. d d L C d O 40 oNN mWfNI'1 NN PPP00 OOlNp PPW nn nn .WPm-1 oQ m O n- a.. mmm PVMm' NVm P nn .W P.PmnP mm Wp TW m mm.WOm-.0m rn'1 C mmOnWbP.N-,jP�W W 00 N n 00 m m N {O W b N N^p lO 1IDD W p¢P] NN VnTl Nn OpNO Nn Nppo V.aan11 N QNg p N N n d d s 6 W O' Ol O1 n n W m OI C n P m Of Ol OI n n N N O1 QI n n.0 m m ei Ol n N .-1 m W n N W T .i m m W N Ol °1 � n Ol m p� 1\ ^ W m n ^ m m ^ ^ Ol Ol ^ ^ W m ^ n m m ^ ^ m m t~YI P m N P ^ N W h N W- n ^ m m ^ N m ^ n QI m ^ ^ W Ol N T n m Ol Oa0 n T m W .a-1 n N m unl n n W W N m W d C d C C v! w C C C C C L w ma 0 C 2C mCc F w O 3 Oo u 03 ❑ oC ? o> c -m> ? oJ cmCro v m O Y a_Lac' c3 O_c O_3tiQE vo' 9s¢n0 me O3c m>cmZd`n• >N am Nu 'n mc° ❑ro 3 z Sm v Z❑mn c m s°�v. NO3E E> •� E¢ S E 5 NE0v E O Hwrm`of��`_u$f.N v L` ¢❑ �-. u F-o: m F- muti¢utrJ�jl7w��e�v E EorJ`�F°-0 @FF @ ELF a d d jjj w j m n n N m m m W 0 W 'O p 0 wwN m 0 O �° m 0 0 m N O O n n O O n r O O O O n n O O n O O m m O O r n O n W O n n 0 N N N N N N N N N N N N N N N N N N N N N N N N N O N N O N N O O N N O O N N O O N N 0 0 N N 0 0 N N N C C C C C C C 0 0 p o p NN O VI � C � C o C aN VI C o C o G p C C o 0 C 0 C ° > ..n�8���3ssu.88��og�m8���8�m8�s�sg��g�=z-'�==� ?. �+ C m y �+ M C C C �' C C m d lJ C Z �, L C C C y �, W C y C 00 c L d c N m0 d CI d d C C c N d c Vf d d c 1/�1 d C Vl VI d d y a VI d y c N c c c Q �+Z. C c c L � q „•a `o `0 mmumu8m88u88umu8mmuuum c N o 0 0 0 `mn�F"Fk 0 0 0 0 0 0 0 F 0 0 Aye 0 0 `o 0 �aapaae� 0 0 0 `o 0 o H `0 0 0 aaa�a 0 0 `a 0 `o `p Laa� `a o `0 0 l `o o `0 0 0 0 0 0 0 0 �� `o F m Dim uummm`ummu Ulm �'u m` u m'u m u❑ m ❑umm 0101co❑❑'u❑um`u❑❑muum`❑um`mmu Pik 3 m N y N n L m C d 2 a j .y N t IA G. ry N N W> N am— „U, O .9�p •� y� N U« 6 N NI p m m m p a m y pp V N W b G x m a d a uyI O Y d° i O y NN W Y N t R 3 L C A a .0 >i t¢ 3 Z 3 d N q N n1 LL m> ?� W C y V L6 u ` E 2 y .2 2 C u O W ¢ C wyo y y d Q N O x y a a N C~ ?! iv a> a >[ s IIroI m ° E °1 N O _° ° d Y mro .O a' V ro -Ui a_❑ N a Y x❑ ° B m3 o .-1 yu°. V v v ° E y dmt 2 c Xp a a m = axi o5x�.%c a s 0 cL d a N p��� a L mxro 9 U C i �! L ° d .%. .� C C o mli �p -9 t m 2 L N -C C C c s�=�� N 9 6 w N o mU°� 9 Y L H o> b >> � c¢l5 L p Nppp N E u.9 d q° o>'9u Prr g A '9 N 2 2n y O W C y O O N c Q �- U C O 6 U m N O C U .9 > N S O C Z— P.1 C V_ 1� Q V— C d Vi S ❑ a d T b f- ❑ O N m LO /- Q C C ✓f 7 v 00 V Q N 2 N c S a IIIIJJJJ 5 3 O 2 O O C .dJ 9 w C Q C O! ...1 �W7 mnW nW m7 m NOWW1 TOW71 NW°I Wm O m7 O OW C01 N7 T7 Om Pl o OmW .OalP7 .Ol 1 ONW7 Ot7I yNW � mOf mW OVW .PW-1 paQI npO� mPOl mPOI ON°I NWf11 PYWl mNOI nNOl WNm elm0i a1m0 O�mDO ^m nm m 7mN m lmm N U U QJ UW7 -tWDYW7 (mNm7 l.NW7i WNO1 W (NWD 0�t.G11 l7 C7 l7 l7 l7 l7 U' l7 l9 l7 C7 l7 l7 l7 U' l9 W l7 l7 U' l7 l9 Vol. 35c) Pg.7 TEXCON GENERAL CONTRACTORS Previous Public Infrastructure Experience Texcon has been performing public infrastructure projects for over 30 years. As such, they have acquired all of the needed personnel, supervision, equipment, subcontractors, suppliers and bonding to perform this work in an efficient and expeditious manner. Texcon prides itself on repeat customers and excellence as seen through their previous public infrastructure examples. Attached you will find only a handful of examples listed in a spreadsheet along with some recent drone photos of project progress photos. Previous Public Infrastructure Experience 0 0 0l Of 0 0 00 0 0 OI 0 OI 0 Oj -1 t° r, 0� 0 tnr�0 )- 0 �0 0 Ln O. 0� 0 0 of 0� 0 4- C CV O 00 r'1 N N d' r-1 Ol O 1 00 00 I M G1 O I� 1 O Ol a-i M{! w tj � I In N cj' ri Ol tD tp 00 C) Ln 1 O O 1� O '.. C 00' N N' O; O cF • O Ln 1 A O N M n M 0 00 Lq )n ik'F O 00 f O N !61 E 'V' ^ O �' � O 1� V1 M 00 M l0' to N 00 C71 M � 00 In N I a1 � M t\ 'V' � �Y ri M d' to N i cn 00 N ril M 1 cc Ui/} i/} 1/1, I7� •y} i4 i v-j-I in• -(n V/ v-,! qn-I N)- -,,I 4A. ' V) Vl V1 Vl N VI VI Vl V! 'on V1 V1 V) Vl Vl En w VI Ln --I jI yl I N 1 yj yj i LI I N VI i T ❑ T ❑ T O IV I ? ❑ ❑ ( �. 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' ' � .a 1 �� ���:_ n TEXCON GENERAL CONTRACTORS Previous Public Infrastructure QA►/QC Texcon has been performing public infrastructure projects for over 30 years. As such, they have acquired all of the needed personnel, supervision, equipment, subcontractors, suppliers and bonding to perform this work in an efficient and expeditious manner. Texcon prides itself on repeat customers and excellence as seen through their previous public infrastructure examples. Integrity in their work all the way through delivery of the final product is of up most importance. This is maintained at all levels of personnel from start of the project through completion. This quality control/quality assurance starts at the time of bid submittal, where issues such design or quantity take -offs are addressed up -front in attempt to present a straightforward price. As often seen, Addendums are issued as a result of up -front due diligence. Once awarded a project an internal pre -con is held between the estimator and all supervisors that will be involved in the project to ensure a smooth transition to the field. Once NTP is issued the Project Manager and General Superintendent are responsible for maintaining scope, schedule, budget and client coordination. Texcon coordinates with clients schedule accordingly but most projects are budgeted for forty (40) hours per week. When needed due to unforeseen circumstances overtime will be worked to maintain schedule. In the event that a differing site condition is present, the Project Manager will communicate with all parties any cost/time impacts associated with it and receive an approved change order prior to commencing extra work. In the event that key personnel are unavailable for a time period on a project there are multiple members cross -trained to ensure performance and integrity is maintained. Additionally, every supervisor is typically managing multiple projects simultaneously, which is possible due to our structure with foreman and managing team members. Open communication with inspectors and owners is Texcon's main tool for effectively managing scope, schedule and budget. Each superintendent is competent in their areas of work and ensure all codes and specs are followed. It Texcon's goal to complete each project on -time and on -budget with the highest level of integrity. Please see attached projects which exemplified this on infrastructure work within the City of Bryan. Previous Public Infrastructure QA/QC VOL Pg. -D7q j C E Q 41 LNo 44 O 00 �° m 1 LD � %-i o� � Vl C c p 0 a. c p p C p 0 �0 C p 0 ven c p �q C p � a ca 2 C o f to E '`o E `5n E `o E `�w E o` E m E `o E i `<w• E `o E"o m E E CD > �{ T �I > in "O I::. CL 7 V) _ 'p Ln N ? O 'O En (CO a) ❑ ! 'LS w ( C a)c rn ,.,A { .�_ °� .�.J , 'O is a! m a — O -0 vl C N m? 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I Ch M rn N �i r{ 1 M ON Ln 00 00 Ln I rl a I = Z C O N 00 l�'D n t\ Ilj a1�00 O0 1� N N L N 1 N O N 00 ( j i ! 1 d R Z am oo °i a, - I ; � 2 ?:aj I M o� cn —_ —_ s , i U Ei Lu � Ln! 1 Is a0, — �( W f 11 N o a o_ i 00 E ? o mLD O m 00 It m N i Io E co11 tio a i n ` F C � C I N O v t N O S}1 m m h t (D Z' f ono E onodi E a m ° � o o o cn v °� of ! n. n J W J L A N i E � O O I N % N v1 I > Q N > E lL m f0 E H A N 1 N ( W 10 N{ m 1 O72CL coif ( ' O d E 4i v m A m _ O �Ln CC _ O� ~ c U a u° � .O H w a; > - nv`! > m "i m > a am ! aJ ml m'0m m > ` caa, >! ma,il > ! ar-I �t! co+ m o cn, w Ch O� ( OI 0) .-t 01 Nl in M1 Ol M! Ol t MM! I Vol. pg. ar7t, 4 TEXCON GENERAL CONTRACTORS Local Construction Criteria, Specs, Details and Site Conditions 1.) RehabiIitation projects Texcon has many years experience with both public utility and pavement rehabilitation. On most sites where rehabilitation is called for, many decades have passed since the original installation has occurred. Years of repair and new installations in the area adding to the complexity of the task especially when underground utility rehabilitation is considered. Texcon is equipped with pavement, earthwork and utility superintendents that have years of experience working in a rehabilitation setting. Several things must be considered by the superintendent in charge when beginning a rehabilitation project. Proper location, documentation and protection of all existing infrastructure is needed for a smooth work flow after installation begins. Superintendents work closely with 811 technicians to ensure all existing utilities in a work zone are properly marked before any construction starts. Crews are trained to identify potential underground utilities using physical above and below ground evidence. Above ground features like trench settlement, meter boxes, cleanouts and markers all add to information gathered to identify underground utilities. Once digging begins the ability to identify possible unknown utilities by evidence using something like old trench backfill can be invaluable to properly locating all potential piping. Texcon devotes the necessary time to properly pot hole existing utilities bringing all information to the attention of the client and the design engineer so they can assess potential impacts to the project. Inevitably, plan changes due to unforeseen conflicts will occur during a rehabilitation project; documentation of existing infrastructure is key to identifying conflicts beforehand. Our in-house survey crew uses highly accurate GPS, total station and laser equipment to accurately measure utility locations in 3 dimensions, and can digitally transfer the information from the field to the office cutting the time it takes to get information to those who need it. A great amount of flexibility is required for the installing contractor. Since an unknown utility might be found at any time coordination between the onsite crew, the office personal and the engineer is a necessity to keep the project on schedule. Texcon's competent staff have the necessary skills to communicate with inspectors and engineers onsite to troubleshoot a problem and keep the project moving forward. Since rehabilitation projects almost always have people living around the. construction site, Texcon works to .minimize the impact to the community during the installation process. Fencing off work areas, covering excavations overnight and training employees to be watchful Local Construction Criteria, Specs, Details and Site Conditions E LD_)� pg. c /c are only a few of the safety guidelines employed by Texcon. As a company, we strive to not only bring a project in on budget and on schedule but also with zero incidents. 2.) Development work including subdivisions and commercial site work For the past 30 plus years, Texcon has successfully demonstrated the ability to develop subdivisions and commercial sites within the City of Bryan. Their years of local experience have contributed greatly to the growth and development of the community. Texcon employees utilize training, experience and effective communication to consistently deliver a high quality final product. Employees have an in-depth knowledge of how to read and interpret technical plans and specifications. Prior to bidding a project Texcon employees spend several hours inspecting site plans to evaluate the conditions specific to the area of interest. Through the utilization of the supplied technical information and employee knowledge, Texcon's project management and estimation department provide an appropriate estimate for each project. Texcon has demonstrated the ability to accurately and effectively propose project estimates which have transferred to successful projects. Texcon attributes much of our success to the established, effective and professional lines of communication with local engineers, inspectors, project managers, city officials, clients and the public. One key feature that has allowed Texcon to successfully communicate is the proximity of our business office which is located within Brazos County. This allows project managers to expeditiously conduct onsite meetings and ensure that architectural plans and technical specifications are accurate and up to date. Texcon's examination and verification process consistently ensures that all projects strictly adhere to plans and specifications guaranteeing a superb final product By using a combination of technical knowledge, local experience and effective communication Texcon has been able successfully overcome the uniqueness and specifics of the site conditions found in the Brazos Valley. With the home office located in Brazos County and most of their employees living in the local area, they have a vested interest in improving the community and producing a quality product that they can be proud of for decades to come. 3.) Building material availability and use With the home office in Brazos County Texcon has developed an extensive working knowledge of City of Bryan requirements for building materials. Our years of local experience have contributed greatly to our ability to source, develop and deploy materials that meet or exceed the- local requirements. Texcon's ability to effectively communicate purchase orders and source materials has been greatly attributed to the well developed relationships with local suppliers. They have a proven record of working closely with a variety of local suppliers that ensures that all project Local Construction Criteria, Specs, Details and Site Conditions Vol. ��� Pg. materials are ordered and supplied in a manner that produced cost effective and quality results. Texcon has also developed a proven ability to work closely with city engineering staff to identify cost effective alternative materials that meet the job requirements and specifications when traditional options are not available. Additionally, Texcon owns and operates a materials division equipped with a pugmill, materials yard and its own trucking fleet. This materials division has allowed Texcon to supply cement stabilized materials and other key construction materials for company projects and local customers. As a local materials supplier Texcon has a firm grasp and knowledge of local requirements and demands for.construction building materials. The location of Texcon's material yard allows for employees to select the highest quality materials and have them delivered in a timely manner. Their ability to reduce delivery times has led to significant cost reduction and has greatly increased the effectiveness of material application. Working with suppliers, manufacturers, local engineering firms and city officials, Texcon has been able to bring new advances in materials to the spotlight in the field of utility products that could potentially cut cost while improving design life and installation costs. After staff realize the potential benefit of a new advancement and how it will aid a particular situation, Texcon works with the suppliers and manufacturers to bring all the required data to city officials so that approval can be granted. 4.) Local soil conditions Texcon has a vast knowledge of the local soil conditions. Over the past three decades of operation Texcon has worked closely with engineers, site developers and project managers to study and understand local geotechnical reports and conditions. Before a bid is placed for a project Texcon's estimation and project management team perform an extensive inspection of site plans and existing site conditions. The inspection process includes working closely with geotechnical engineers to understand boring logs and develop solutions to potential problems. The estimation and management team takes into consideration not only the project area but the surrounding areas as well. The team will then take in a variety of factors and determine the most effective and safe process for site development. Texcon employees take great care to ensure the safety of site locations which includes eliminating possible cave-ins, and preventing water movement from disturbing surrounding excavations. Texcon's decades of experience have also lead to a greater understanding of job site requirements for erosion control. Texcon has multiple best management practices established to help prevent soil erosion such a hydromulch seeding and silt fencing. Using a.combination of prior knowledge and effective communication with key personnel, Texcon's knowledge of local underground site conditions such as large rock deposits and old creek beds has proven .to significantly improve our cost estimations and improve work performance by anticipating adverse site conditions. Local Construction Criteria, Specs, Details and Site Conditions Vol. 31 S O _y pg. a7q 5.) EnvironmentaI issues With the implementation of stricter regulations from the TCEQ and EPA, Texcon has grown with the times and has steadily implemented TCEQ guidelines aimed at reducing the impact of our construction activities on the environment. Texcon's approach is to not just install the BMPs (Best Management Practices) at the beginning of the project but includes proper maintenance and record keeping throughout the life of the job. During a rain event, crews check projects to ensure BMPs are functioning as designed and make recommendations if they see a deficiency. They also have the ability to mobilize equipment and labor resources to fix a damaged BMP. At the end of a project, Texcon is committed to not leaving the site until final stabilization is established. Texcon works with subcontractors that specialize in seeding and erosion control to find the right seed mix for our climate and still provide a finished project that meets city specifications. With development occurring in areas that have historically been pasture land or forest, Texcon has become sensitive to the existence of protected plant and animal species and works to actively alert crews if there is any chance of encountering protected species on a project. Typically, if a site has a history of possessing a protected species or if an engineer or owner alerts Texcon to their possible existence, Texcon superintendents and surveyors work to locate and protect it before work crews mobilize. They then work with the engineers and government officials to ensure protocol is followed and no adverse affect to the plant or animal is witnessed. 6.) Public Awareness With the addition of public infrastructure in new developments along with the requirements of the rehabilitation process, public involvement is increasingly important. As such, Texcon strives to work with the city officials and the public in the affected areas when our work comes in close proximity to minimize our impact and better educate the public on how the potential benefit of improvement greatly outweighs the short term discomfort of construction. It is Texcon's policy to contact those people that will be affected by our construction operations before beginning construction to make introductions. Contact information is then provided should there be any need for the home owner to contact us and a brief schedule, explanation of the construction scope and possible impacts are explained. Providing advance information is a key component when working with the public. Though we will not be able to negate the affects to everyone, we do all we can to minimize those impacts. Working with the public in this regard makes Texcon a partner with the public to build a better future for our area. It is also Texcon's policy to properly document preconstruction conditions using photographs and videos before resources are mobilized to a site. All work zones adjacent to existing infrastructure or private improvements are documented at its pre -construction state. Local Construction Criteria, Specs, Details and Site Conditions Vol. 1'g, • Copies of these recordings are provided in digital format to city officials, and is a part of our pledge for thorough and transparent construction process. 7.) Local Design Standards Texcon has over 35 years of experience in construction with most of those years spent in the Bryan/College Station area. Our employees work in this area daily and use the standard city specifications, work with local design engineers and coordinate with area inspectors to properly build large scale civil projects. Our organization is broken down with superintendents specializing in areas such as utilities, concrete and earthwork, and this better allows them to understand the specifications specific to their trades. Superintendents keep up to date on specification changes and actively work to implement specifications on all of their projects. If a problem arises that is not covered in the specifications or it is unclear how to proceed, Texcon employees work closely with the inspectors and engineers to solve the issue and get the project back on track. Local Construction Criteria, Specs, Details and Site Conditions TEXCON GENERAL CONTRACTORS Equipment Maintenance Program The Texcon Equipment Maintenance Program is led by Maintenance Manager, Terri Cook. Terri has 30+ years' experience in heavy equipment repairs and has trained a team consisting two (2) field technicians with service trucks, a shop lube technician and a fuel truck driver/field lube technician. Combined, her team is able to provide daily field refueling and lubricating, fast and accurate field diagnostics/ repairs and major overhauls in-house in our 6,400 square -foot fully enclosed shop. Prevention of unnecessary downtime has been established through an Equipment Maintenance Program which consists of following each piece of equipment's operation and maintenance manual/guidelines. These guidelines provide scheduled maintenance information which is tracked and serviced accordingly. This combined with daily foreman inspections helps prevent unnecessary downtime of equipment. "NOTE: Equipment Proposed for Project Enclosed by Construction Equipment Availability and Condition Vol. %_� Pg.. TEXCON OWNED EQUIPMENT LIST "Texcon currently does not lease any equipment CATEGORY DESCRIPTION ASPHALT ELEVATOR (AE) 2004 CARLSON WP-800 ASPHALT PAVER (AP) 2005 ROADTEC RP195 TRACK PAVER BACKHOE (BH) 2012 CAT 416E 4X4 2014 CAT 416F 4X4 2014 JOHN DEERE 310 SK 4X4 2015 CAT 420F IT 4X4 2015 CAT 420F IT 4X4 2014 CAT 420F IT 4X4 2014 CAT 420F IT 4X4 2017 CAT 420F IT 4X4 BROOM/SWEEPER (BR) 2003 RJ350 BROCE CURB MACHINE (PC) 2007 KURBER 5000 DISTRIBUTOR TRUCK (DS) 2005 FORD F-350 W/ETNYRE CENTENNIAL DOZER (DO) 201 D-5 K2 CAT 2014 D-6 K2 CAT W/TRIMBLE 2010 D-6T CAT 2015 D-6 K2 CAT WrrRIMBLE 2016 D-5K CAT 2017 D-6N CAT W/ TRIMBLE DUMP TRUCKS (DT) 1998 MACK CH613 DUMP TRUCK 2013 MACK CH613 TRACTOR TRUCK 2013 MACK CH613 TRACTOR TRUCK 2010 MACK CH613 TRACTOR TRUCK 2015 MACK CHU613 TRACTOR TRUCK (PARTS) 2015 MACK CHU613 TRACTOR TRUCK 2008 KENWORTH W900B TRACTOR TRUCK 2015 MACK CHU613 DUMP TRUCK - WRECKED 2014 MACK CHU613 TRACTOR TRUCK 2014 MACK CHU613 TRACTOR TRUCK 2015 MACK CHU613 DUMP TRUCK 2016 PETERBILT 389 TRACTOR TRUCK 2016 MACK CHU613 DUMP TRUCK 2018 PETERBILT 389 TRACTOR TRUCK FUEL TRUCKS (FT) 2012 PETERBILT 348 SERVICE TRUCK HAUL TRUCK (HT) 2004 PETERBILT - SERIES 379 2016 PETERBILT - 389 LOADERS (LO) 2012 CAT 950 K MEDIUM WHEEL LOADER 2013 JOHN DEERE 544K WHEEL LOADER 2016 CAT259D SKI DSTEER LOADER 2016 CAT 950M W/ COUPLE & FORKS MISCELLANEOUS (MC) 2000 ABI TRENCH BURNER 2003 26" PRO 65 IIl CONCRETE SAW 2004 TERRAMITE 8"X18' ROLLER SCREED 1994 ALLEN VIBRATORY POWER SCREED 20' 2007 CAT XQ230 GENERATOR 1982 1000-GAL WATER TRAILER WITH PUMP 1982 1000-GAL WATER TRAILER WITH PUMP 1996 HONDA 46" W/B TROWEL MACHINE SULLAIR 185 D COMPRESSOR •I Construction Equipment Availability and Condition 08.18 Equipment List Vol. 26, _ Pg.Oa$3 6 / a F TEXCON OWNED EQUIPMENT LIST 'Texcon currently does not lease any equipment CATEGORY DESCRIPTION 6" GORMAN RUPP TRASH PUMP 2007 JLG 6005 BOOM LIFT MOTOR GRADER (MG) 2006 CAT 12H 2011 CAT 12M 2008 CAT 140H 2016 JOHN DEERE 772G 2015 CAT 12M PAD FOOT ROLLER (PD) 2003 I.R. SD70D TF = 66" W/ KIT 2014 SAKAI SV540T 84" PLANTS (PL) 2000 DAVIS PUGMILL PNEUMATIC ROLLER (PR) 2011 CAT PS-150C 2014 CAT CW14 2014 CAT CW14 SCRAPER (SC) 2005 JOHN DEERE 1510C SCRAPER 2007 REYNOLDS CS 1610 SCRAPER 2007 JOHN DEERE 1510C SCRAPER SMOOTH DRUM COMP. (SD) 1998 CAT CB-214C SD COMP 2003 DYNAPAC CA-262D 84" 2009 CAT CS-64 W/PAD KIT 84" 2006 CAT CB-534D XW 2015 CAT CS56B SURVEYING EQUIP (SU) 1999 PENTAX PCS-215ETS 2001 PENTAX PCS-225ETS 2001 LEICA TC-705 TOTAL STATION 2004 SOMA 630R TOTAL STATION TRACTOR (TA) 2008 JOHN DEERE 6430 4X4 w/ Loader 2012 JOHN DEERE 1026R TRACTOR 2007 JOHN DEERE 8430 4X4 TRACTOR 2016 JOHN DEERE 210L LANDSCAPE LOADER 4X4 2002 JOHN DEERE 9320 4X4 TRACTOR TRENCH BOX (TB) 1994 4'X20' TRENCH BOX 1994 8'X20' TRENCH BOX 1996 MANGUARD 1998 8'X20' TRENCH BOX MODEL 820R4 1998'6X10'ALUMINUM SHORING SHIELD TRACKHOE (TH) 2007 VOLVO EC330BLC 2010 CAT 312 CL 2013 JOHN DEERE 21OG 2015 JOHN DEERE 35G MINI 2014 JOHN DEERE 210 GLC 2014 JOHN DEERE 210 GLC 2014 JOHN DEERE 210 GLC 2015 CAT 324 EL TRENCHER 2013 VERMEER RTX 1250 TRUCK - PICKUP 2008 CHEVROLET 314 TON 2011 FORD F460 MECHANICS TRUCK 7 Construction Equipment Availability and Condition - — __ _ _ Q0.16 Equi ent List Vol � Pg. allq ., � v R TEXCON OWNED EQUIPMENT LIST 'Texcon cuaently does not Iease any equipment ,CATEGO:RY• DESCRIPTION . 2012 FORD F-250 SUPERCAB 2013 FORD F250 CREW CAB 2014 TOYOTA TUNDRA 4X4 2008 CHEVROLET SILVERADO 1500 QUAD CAD 2014 TOYOTA 4RUNNER 2015 TOYOTA TUNDRA 4X4 2014 FORD F150 4X4 CREW CAB 2015 FORD F250 4X4 SUPERCAB 2002 CHEVROLET SUBURBAN 4X4 2014 FORD F250 CREW CAB 4X4 2016 TOYOTA TUNDRA 4X4 2013 FORD F150 2011 FORD F250 CREW CAB 2017 FORD F350 CREW CAB 4X4 2017 FORD F350 CREW CAB 4X4 2011 FORD F350 CREW CAB 4X4 2013 CHEVROLET 1/2 TON CREW CAB 2018 FORD F250 CREW CAB 4X4 TRAILERS (TL) 1987 16' FLATBED 1973 40' STORAGE VAN 1979 45' STORAGE VAN 1997 40' FLOAT TRAILER 1999 18'FLATBED TEXAS BRAGG 1966 TRLM STORAGE VAN 2001 GOOSENECK 20X6T UTILITY TRAILER 2002 CTSI BOTTOM DUMP 2002 CTSI BOTTOM DUMP 2002 16' PIPE UTILITY TRAILER 2000 CPS BELLY DUMP 2002 CTSI BOTTOM DUMP 2002 16' UTILITY TRAILER 2002 GOOSENECK 28' x 8' DUAL TANDEM 2003 18' BP FLATBED 2003 CTSI BOTTOM DUMP 2003 ETNYRE 55 TON LOWBOY 2004 CTSI BOTTOM DUMP (INSULATED) 1987 48' MAXI STORAGE VAN 2003 16' TEXAS BRAGG UTILITYTRAILER 1999 32' CPS END DUMP (DEMO) (PARTS) 2014 ARMOR LITE- HALF ROUND END DUMP 2014 18'TEXAS BRAGG UTILITY TRAILER 2015 ETNYRE 55 TON LOWBOY 2001 CIRC CARGO TRAILER 2016 ARMOR LITE - HALF ROUND END DUMP 2014 CTS BELLY DUMP 2018 ARMORLITE BELLY DUMP WATER TRUCK (WT) 1995 INTERNATIONAL WATER TRUCK 2006 4300 INTERNATIONAL 2000-GAL AM GENERAL M35 A2 - 2400-GAL 1968 KAISER 6X6 1984 AMERICAN GENERAL 5-TON WATER TRUCK 2008 4300 INTERNATIONAL 2000-GAL Construction Equipment Availability and Condition 08.18 Equipment List Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #3 to CIP 22-615 H/Constable Precinct 1 Building Site Work Issued: November 30, 2021 Change: Posting Sign -In sheet from Pre -Proposal Meeting Reason: Vendor Questions CIP 22-615 Pre -Proposal Conference Attendees November 17, 2021 Company Name Rep. Name Telephone 4 Email J. AV_&7Klr6 0U Sr4Ju7w RIO" 1"W-AM8Cyr-Im-M-6Slri' 9Ic«�(oi�}C..A R�T��'d Ns rRt...T»... Bh^" 21 This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Signature: Printed Name: • Best & Final Offer (BAFO) 21-616 22-615 JP/Constable Precinct 1 Building Site Work DUE Tuesday, December 21, 2021 @ 2:00 PM CST General Items Item # Item - Quantity Units Unit Cost Total 100 Mobilization, Bonds, and Insurance 1 LS SS VOd gs ado 101 Traffic Control 1 LS Z� 25ao 102 Erosion Control (SWPPP) 1 LS IZ GSm I �So 103 Striping, Complete in Place 1 LS 104 ADA Signage, Complete in Place 3 EA tir $ !`{$s 105 Wheel Stop, Complete in Place 3 EA 3c)-a 106 Bicycle Rack, Complete In Place 1 . EA, 1Sop ! ov 107 3" SCH 40 PVC Sleeve (irrigation) 107 LF 33 • • r 31 108 6" SCH,40 PVC Sleeve (Fiber Optic) 135 LF S.Y. -- S. S 109 10" SCH 40 PVC Sleeve (Fiber Optic) 78 LF 51, •• .3578 110 2" SCH 40 PVC Sleeve (Underground Electric) 132 LF ` .• 3g� v 111 112 113 6" SCH 40 PVC Sleeve (Underground Electric) 4" Gray SCH 40 PVC Electric Conduit, Complete In Place 2" SCH 40 PVC Fiber Optic Conduit, Complete in Place 80 689 394 LF LF LF 38• =• Z6, so Z9 •' 3c3q I E Z59• 5e 114 4" SCH 40 PVC Fiber Optic Conduit, Complete in Place 286 LF 3G 10 115 Pull'Box Complete in Place EA Z,Soo 2 �vc7 116 Bollards, Complete in Place 2 EA S5� I (c)r) Sub Total - General Items $`c�j �, S5•�S� Demolition Item # Item Quantity Units Unit Cost Total 200 Demolition of Existing Curb, including haul off 138 LF 2C ,• 3� �jQ 201 Demolition of Existing Sidewalk, including haul off 150 SY 202 Removal of Existing Trees, including haul off 7 EA v00 O 203 Stripping of Existing Topsoll 1,781 Cy 7 o � 2 �:S.G• o Sub Total - Demolition Z6 UDG• 05 S.torra acid Drainage F---------- r Item # Item Quantity Units Unit Cost Total' 300 10" High Density Polyethylne Pipe (HDPE), in Place 17 LF ..IComplete -71 120-7 301 8" High Density Polyethylne Pipe (HDPE), Complete in Place 118 LF -j8• ' q-48ef 302 &' High•Density Polyethylne Pipe (HDPE), Complete in Place 222 LF , 7 7Zd 303 6" 45 Degree Bend, Complete in Place 20 EA Sfl 300v 304 8" 45 Degree Bend, Complete in Place 4 EA f 8 U -7Z.& 305 6" HPDE Cleanout, Complete in Place 4 EA -7 50 3no 306 6" x 6". HDPE Tee, Complete In Place 2 EA SO 50 307 6" x 8" HDPE Reducer, Complete in Place 2 EA 1 St0 300 308 8" x 8" HDPE Tee, Complete in Place 1 EA 2 a7S 309 8" x 10" HDPE Reducer, Complete in Place 1 EA �00 ?A d 310 4" Thick Concrete at Mitered Outfall, Complete In Place 1 EA ! onv 100c) 311 1 - Dura Trench - Trench Drain w/ Slotted Grate 1 EA 6d o 53 312 4" Thick Concrete and Mitered Pipe Trench Drain Outfall Pipe, Complete in Place 1 EA ap® OVv 313 Type R Rock Rip Rap,15-201b, Hand Placed (3" Embedment), Complete in Place 50 SY 46 o d 314 8" HPDE Cleanout, Complete in Place 2 EA g IZU Sub Total - Storm and Drainage $ 33 �S6 ou - $anital. Sewer - Item # Item Quantity Units Unit Cost Total 400. 4" PVC Double Cleanout, Complete In Place 1 EA IZoo lid 401 4" PVC Cleanout, Complete in Place 2 EA 7So co, 402 4" Traffic Rated Cleanout, Complete in Place 1 EA 65 / !)6 ro 403 4" SDR-26 PVC Pipe, Complete in Place 156 LF f c� 0 1'S�oe 404 Connect to E)asting Manhole 1 EA j 5u o sae Sub Total - Sanitary Sewer Water .. _ _. ... . - • - - ; -- - Item # Item Quantity Units Unit Cost Total 500 Trench Safety for Proposed Water Line 60 LF O . •- 501 8" PVC C-900 DR 14 Waterline W/ Tracer Wire, No Structural Backfill, Complete in Place 85 LF Sy • • YSSd 502 8" PVC C-900 DR 14 Waterline W/ Tracer Wire, Structural Backfill, Com lete in Place 30 LF %/ �� Z/ 3p V01'. � � pg. 28� 503 6" PVC C-900 DR 14 Waterline, No Structural 20 LF - Backfill, Complete in Place ' 504 8" x 8" Tee, complete in place 1 EA % 65 7 G 505 Standard Fire Hydrant Assembly, complete in place 1 EA S%U U� 506 2" Water Service Connection, complete in place 1 LS 9600 507 Water Meter Vault, Complete in place 1 FA 4456 5 508 1" Landscape Service Connection LS -7,5- 509 Landscape Meter Vault, Complete in place 1 EA 510 Landscape Back Flow Preventor & Vault, Complete 1 EA in lace oo'a 3DOv 511 Connect to Existing 12" Waterline 1 EA. 512 12"x 8" Tee, Complete in Place 1 EA 122a 513 12" Gate Valve & Box, Complete in Place 1 EA 3 514 8" Gate Valve & Box, Complete in Place 2 EA 4(dl6d 515 8" x 2" Tee, Complete in Place 1 EA 1 Oo 516 8" 45 Degree Bend, Complete in Place 2 EA Wd 1766 517 12" PVC Sleeve, Structural Backfill, complete in 30 LF Place ( Sa 6 518 2" Blowoff Assembly 1 EA 2-0 d 0 ba0 2bOa 519 2" SCH 40 PVC, Complete in Place 144 LF ({p, ''?60 520 2"-45 Degree -Bend, Complete in Place 14 EA ZS... 350 521 8" x 6" PVC Reducer, Complete in Place 1 EA cif y 00 Sub Total -Water Pavement and Earth Work - Item # Item Quantity Units Unit Cost Total 600 Earthwork - Cut to Fill, Design Grades (In Place) 50 CY qdei 601 Earthwork - Cut to Haul to Design Grades (In Place) 502 CY 6 7"54 J 602 Earthwork - General Fill to Design Grades (In Place) 50 CY 1 UCH SD(J� Earthwork - Remove and Replace Unsuitable Soils 603 and Material with General Fill Including Compaction (In Place). Limits Remove 50 CY of and Replace to be Approved by Engineer Prior to Initiating Work. Earthwork - Remove and Replace soils and 604 materials with cement stabilized sand (In Place). Limits of Remove and Replace to be approved by 50 CY (� 5 %2 sa Lessner Engineering prior to initiating work 605 Lime Stabilization of Subgrade (8" depth) w/ Compaction (Does Not Include Cost of Lime) 3, 713 Sy � " 8� � , 36 g. a � 606 Cement Stabilization of Subgrade (6" depth) w/ Compaction Does Not Include Cost of Cement58 1,461 SY ° u� 607 Cement for Stabilization of Subgrade wl Com action Assume 4% b weight) 16 TON ;-7 0 9176 608 Lime for Stabilization of Subgrade wl Compaction, Assume 6% b weight) 80 TON 1 �5 15 G 809 4" Thick Concrete Sidewalk, Complete in Place 347 SY 52 •1 ($ 044 610 Type 10 Concrete ADA Ramp, Complete in Place 4 EA %Sv 3000 611 Concrete Driveway ADA Ramp, Complete in Place 2 EA f 5U 356 d 612 5" Thick Concrete Pavement, including Monolithic Curb, Complete In Place 1227 SY S o° 3 ocf 613 7" Thick Concrete Pavement Driveway, including Monolithic Curb, Complete in Place 1,943 SY scf• toS( qZZ 614 4" Thick Concrete Slope Paving, Complete in Place 33 SY 5157, 615 Energy Dissipator Blocks, Complete in Place 8 EA A50 'Z.av o 616 8" Thick Concrete Transformer Pad 1 EA [ts66 4sj s Sub Total - Pavement and Earth Work $ n( -705O1, Construction Cost $ 5W.OZ/ Contingency $' 30,000.00 Total Construction Cost U d215S Time of Completion (Calendar Days) If Contract is approved by both,parties by January 4th, 2022, what is the potential start date for this project? 3� 7 Vol. Pg® i Item Coversheet Page 1 of 1 C BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2022-Utility Permit-Wickson Creek SUD-Short Cut Road DATE OF COURT MEETING: 1/11/2022 ITEM: Consider and take action on the Wickson Creek Special Utility District utility permit to bore and install 4-inch casing for 2-inch water line crossing under Short Cut Road. Bore location will be at the intersection of Short Cut and Edge School House Roads. Site is located in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 01/05/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description CC-2022-Utility Permit- Wickson Creek SUD-Short Cut Road.odf Utility Permit -Wickson Creek SUD -Short Cut Road Type Backup Material APPRO . 11- Ll l aa-, Duane Peters Date County Judge vo I. __ 350 - Pg. httns://brazos.novusaaenda. com/asendaweb/CoverSheet.asnx?ItemID=25100&MeetinaID=:.. 1 /6/2022 Rand Namc and Block Num6ar .;.... EDGE SCHOOL HOUSE .. F Prom'.. •. .....:F.o AT INTERSECTION WITH :. .:... SI TORT CUT RD Any deviation :from these specifications must be approved by Brazos. County Engineer's Office or, its designated representative. Approval ofCotinty Engineer's Office may take as long as two weeks after complete application is received." Applicant agrees to.comply with all roles'of the County Commissioners. and -the Counry Engineer in construction,of . said installation attached hereto as BRAZOS COUNTY DESYGN STANDARDS AND SAFETY PRECAUTION` REQUIREMENTS FOR WORK CONiDUCTEiD IN BRAZOS COUNTY FRIGHTS OF WAY and incorporated • herein for reference. Pn'tire event Company fails to obtain a permit prior to'Nie installation or does not install atilides in compliance Wilt installation rerj{iireiitettls set forth herein rLe depth, location, etc), Conpriny assanes all financlal responsibility for damages and/or destruction of lines, cables, eta -based upon itsfailure to. coniply with Brazos Connt}i regvirentents - Applicant agrees that if Brazos Canary deuioitstrales a violation ojthe terms of this palicy, Applicant stipidales that r 4ithiles f ii) jtuictive reliejexist and.Ntat Brazos County is violation, relief:enJainitrg any condnet by itpplecant rohleh Is contrary to the policies Tltls permit is R revocable permit Brazos Catnap reserves the right to revoke this permit at any fine, in the sale ' discretion of Brazos County, for interests of pteblic health, safer, or tvellbre, or for failure to repair airy- damages " upon demand, arfor any other reason deented sufficient by Brazos County. In the event Compntly fails lo. campy. with any or all of the regtdreneids as set forth herein, lire Cottnty gray take. • •. ' SO action as deeuts appropriate to conipe! cantplimtce. ThCou nty unty Eagiiteer jrtrllier retain the rigltl to revoke . :.this Peritiii by verbal notJIcatiwr to the Appllci hflCotitparly p'eiltire to obla rr this pesnit mtd/or notify the Gbttttly '£ttgirieer's Office spithin 2d haters of in constritedon • stroll•constiltrtegroruidsforjob sltuldotvn.: ;: ;' : " - • By signing below, I cdrtify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. r --WTrfCgn .cREF.K_Sril) Company Name •:::.:. Signature .. ' GBNEML—MANAGER _ Title ': P.O. BOX 4756 .. .:... . :;:.Address N C. . ��9791 •589�3030 •Lip :Telephone Number ui mnn@wicksoncr eek. com _ Cmail: I ' �� V�I. gib. : o rq 2 1 .! 1V 0 C7 LLU N U) Q W 0 t�tl C V ® W 0 tMOtua�.=t2 N = O c a 0 ID z W x 2e in e ar L cl: 0 V o. D 0 N QT Vd.. 60 pg. CAL- I3R:17O5 COUNTY ROADWAY SAFETY AND ROAD PRFSERVATION' STANDARDS FOR WORK CONDUCT-Eb IN BRAZOS COUNTY RIGHTS OF WAY 1. Adcq'iiate drainage shrill be maint;rincd in ditches at all times. < I Permittee will use best managemertt practices ("13I4[P"} (EPA aiid TCCQ both provide lists of examples of ' Bti1Ps) to minimize erosion.iind sedimentation resuithi 'from the proposed insiallaition. 3. Theperr6ittee shall take precautions to avoid damage to property, All County Right of lVay and_property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. q. The construction grid maintenance of such utility shall not interfere with the property or rights ''of a prior occupant. 5. Permittee shall not interfere with cither:utilities located in the right of way. In the.cvent damage's occur, perm'ittec will be liable to the County or other utilities running through the right of way. b. County.Engincer shall determine whether or hot permittec's plans shall inconvenience the public..If it is determined that inconvenience to the"public exists.then the County. Engineer will decide whether such project..- will be:allowed or if'an Alternative :eWsts so as not to inconvcniedi 6 the public.' B. Safely.Requirements 1. Propec.traffrc control measures must be put in place prior to beginning work and remain in place daring the duration of the job: All traffic.control measures must follow the -Texas Manual orUniform Traffic Control Dcvicds:(TlVlUTCD). Scc Traffic Control Requirements below.::. 2. During construction, all safety regulations of the Texas DepartmenCof-Transponation shall be observed. 3. Pcriniticc. must take such pncautions.and mcarsuris,; including placing -anti displaying safety devices, as may be necessary, in ordersafely eb idiicttltc ptibl'ic:lhrough iltc"prgjcet area. Company shall prow re flagman, signs, -signals or devices necessary'to provide complete safety to ihe:ptiblic. :. 4. Adequat6 provisions must be maide:ro.cause minimum "inconveniences to traffic -and adjacent property owners:. 5. No cable, conduit and/or. old line"AitIl be laid constructed maintained ancUor re aired so as t p t' p c constittrtc a danger or hazard of any kind to persons or vehicles'using such road. Any poles placed in the Rigltt of Way for future installation shall be placed at the back of thic:Right of Nay; Exceptions maybe approved.bythe County Engrnccr. C .7'raffic..Cnlrtrn! Plain: . 1: A traffic control plan,.ptirsuant to the,TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any.construction {i.c, pit, cxca�'ation, holc).1cft-open over night; requires sncciEic niuhttimc triifFie . :.. P control measures ursuant to the TiVIUTCD;.::.:. b. if construction is within ten (16).'ket of the roadway; or c. Any work perforiricd in the rdad.right-of-way; 2. Plan must be attached to the permit and kept at the job sitc'any tintc work is being performed_ . t9lo:�'Pg D. Desio! StmuinrtIV ::..: . 1. A11b6crhead instaltations .shall conform to clearance standards of the Texas,bepartment of Varispqrtatiohafid the pole be placed in the:dcsigrkated area for power -specified as set -forth in thdTc:rtrs Utilitic:s.Code, Section 2. All 'old installation (including lighting) shall be placed at the bncksidc of the Right of Way to ensure safety to the public. Any pole placed in violation of•this retluirement will:bc required id*be moved to the a: propriate location at the company's expense. Exceptions may be approvedby the Couniy`Engincer. - . 3. Alt_undcrground installations'sltall.(these are minimum depths -=utility may place deeper): - a. bc'placed at a minimum depth.of.forty-eight (48) inches below. tlic top oftlic pavement; b. be -at least thirty-six 3 :i - y- (, 6) inchcs.below ditch flow line when installation is i�tthin the area measured from .top of bank tb top of bank; c. be at least.forty-ei.61it (48) inche's below ditch flaw line if low pressure aas or petroleum lines. For high pressure gas and petroleum lines, sec High.Pressurc Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may' apply in rights of way of iess tin 60'. :... :.. 4.. Water Lines: All water lines must be a minimurnI6-inches below the ditch flow line and cased.: -Waterlines shall be eased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of no it:of way shall be installedwithin designated locailobs" based upon th6. type of utility: The locations sliali be as follows: (measurcd.from back of right -of tivay): .. . Power — 042' feet, nominally [' Phone -=?-4 Feet, nominally 3' ' Gas — 4-6 feet, nominally 5' Cable — &8 fact, nominally:7, 6. Utilities with lass. than 60 fact right-of-way in all ticiv developments shall insta[I the utility in a similar manner'' as referenced in No. 3 above, how'eyer, the County Engineer or its designated represeutativc will provide final approva ufcach'utility.location, 7. The:lciigth orany trench to•be,opchbd in advance of the pipe, conduit or ducts may not be lunger_than 400' if left open over night:or unattended:.... 8. .Crossings under a.county road shall: a: be- boreal oejackecl.-ABSOLUTELY NO Oi'EN CUTS WITHIN COUNTY ROAD PAVEM INT; b. be:liressurc groiued for the fit]] length of the crossing if the annular space between pipe and.casing and soil exceeds oiic (1) inch. Brazos County must be given 24 hours notice of'- ressure grouting operations -and have (lie upportunity to have, an inspector on site to ohserve-pressure•grouting operations; c. T cDOT Standard.Specificatioii'`Itcrri 476 shall be followed for'all boring; jackipig, lunncl ing.and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days;- . b. ' all.pits shall have.proper traffic control measures in place. See Traffic Control. Plan. listedabove'. C. pits —shall NOT Fie located wifhin::ten (10) feet from the edge: of pavement without prior. approval from the Count En ince r or. his re' resen :: . d. whcn pits arc to:rcmain open tor.more ilian 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; VCsi:,.. .. P�. e. based upon soil conditions,.thc:County Engineer nr iris representative may sequin shorin�� tar protect pavement itntee*rity; . f based upon soil condition,, the County Engineer or -his representative may requir' -pits lie placed further from the cdgc ibf road. 1i).Any' installation within ten (lU) Fcct of edge of pavement shall meet the Iblltittiing; a. location must be approved by tare County Engineer or his -representative b...: backfilled with -cement stabilized material. c. -based upon soil conditions, the County Engineer or his representative may:regttiro shoring, to protect. :pavement integrity. d,-:.All excess water acid mud shall be removed from the trench prior to backftliing.: Any backfill placed during a rainy.periad or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with' PERMANENT cement stabilized material as soon as: weather permits; c:' All disturbed bas-and pavement'materials shall be removed'. -and restored i6.the satisfaction of the County Engineer or his representatives: f. No side or Iatcral.tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jcopardizc the slope or integrity of the shoulder bf the road. In the' event Company damagcs.thc:slope, shoulder or arty other portion of thc.right-of--way, Company wilt bc.responsilile;..:. for repairing rate damage and replacing the right -of --way to t}te condition it was Onor.to commencing construction. 12.Operation of construction and/or maintenance equipment on the traveled surface of any improved County road . will.not be permitted, except in ati instance whereby the laying, construction, maintenance and/or repair of °`. cables, conduits and/or pole lines cannot be accomplished by any other method ant[ in this event a!1 such equipment shall be'of the rubber tiro variety. Appropriate traftic-control shall bc.provided meeting TMUTCD requirements. :... 13. In the event said construction and/or maintenance and/or repair requires Company to remove, ciit.or jcopardizc arty section -of the'r6ad.(.sphalt, cement; road base, etc), Company %0II be' required I provide a performance bond or letter of credit securing necessary repairs. :Said bond amount will be dtitcrn»ned by rate: County Engineer. 1. The 1pplicant,shall subniit a letter of."No Objection" front the Army Corps of Engineers for all designated wetlands and environmenttally sensitive lands. L Enu.�rgencyjvurk I. In the. event Cornpanyis required to perform emergency services, -that requires excavation in a County Right,': . ofIVay, and unable to -notify the County Engineer prior to conducting emergency repairs, Company stall notify County Engini cr. within 29,ltoiurs-of beginning constritctioii/rcpairs. This twill altow the County Engineer and Road *&..gridgc Office an opportunity to inspect the s tc to cnsttre the integrity oftltc County Right '1 Way and traffc:safety controls used. R Reprri.s-to eristing frrrilitj�. 1. Maintenance and/or'repair to existing cables, conduits, and/or polc.lines-whicli re' disturbance of the soil,: shall not be performed until plans'dcseribing shear maintenance and/or repair haV� been approved by the ' County Engineer or designated representative and a permit ltas bceii obtained. C. Reloca' 110rr'of rrlililies..: 1. Wheii and if the County Engineer determines that it is necessary;fpr thc:constructioti, repair,,improvcmcnt, alteration o'r relocation: bf all or an y portion of said road, any or all poles, wires,pipes, cablca yr:other I'acilifies. and :appurtenances authorized hercunder, shall be removed from said"road: or rese't:o"r relocated thercori, as required by the County Engineer within a reasonable. time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. Pg. . .. ' fl. Nigli Pressurct Pipelinci _ I. All utility Permits for -high pre sure pipelines (generally G() PSI or greater), whether pertaining to controlled :. acciss ornon-controlled ace!c s itkstallations. should cont<a in the ;following additional. informntioa in the description of the "permit. -diameter -wall thickness q: --material specification rninimumyield.strength ' maximuni operation pressure of the pipcli is 2. With the exception of the maYmium operation pressure of the pipeline, this information is to be supplied for both thc'carrier pipe and the casing.-. 3. Assurance must -also, be given that°the installation material and meet.the.minimum Federal Safety Standards for Liquid: arid Gas Pipc Lines. Assumncc-must be prow' ided on company letterhead and signed by an: authorized representative of the company. 4. Petroleum Pipelines:. ....Depth Tvdc of Pipeline (beloia deepest ditch tirade) Special Requirements - Encased Pipe Less`tban 10' A.Aust.be covered with concrete pad. At least 36"deck )rnrascd Pipc Greater than 10' No concrete paci required Nuri-Cased Pipe 4i.ii lrin I Q' 1+lust be covered with concrcta pad at least 48"deep. Non -Cased Pipc Greater than 10'.. No concrete 'dd required The Concrete pad shrill be minimum of 3" thick and width shall be pipe diameter plus 18 mininium. 5. Under no circumstances will a pipeline be installed parallel -to a County Road. within the Right of -Way. Transmission lines have beeii'detennined-to be petroleum pipelines (which. includes natural gas. dines) and shall not be parallel to a County Road. 6. Natural Gas Distribution'is ti litic:that serves ,tlic.final custditer. .. . _. 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS) FOR THE 2021-2022 BUDGET YEAR NO.21/22 14.1-14.3 On this the 11 th day of January 2022 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 1lth day of January 2022 the Court heard and approved a budget amendment(s) for tlfe 2021-2022 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 7 September 2021, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 1 lth day of January 2022. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane eters, County Judge Original: County Clerk's Office and Attached to the original budget vol. 3sb pg._ w"'M Help America Vote Act - America Vote Act - BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 21/22 -14.1 x' �g<"F'�k'��' >�6-...fi'i «r'S..l'Kr: h r♦ r,D "artttien--Atipr,Lr. Date �z s" k�.s g'� G °zT 'r"i si '4r�,+��da � v t @ ,r, zl .1 � �� ■■a■ 4 t3'. rt`gc ��,xr`�Coun •J5'd eIC`, iovaf ""*n4 3 �.�:.=�'"�,�trt.,,�.��#e�Date•�- �a`tw� Court - Non Court -Non s BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 21122 -14.2 i tray E. pg. 204_ Decrease BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 -14.3 1/11/2022 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Grant Fund JAG -2021 Intergovenunental 0.15 Grant Fund JAG -2021 Departmental Support 0.15 JAG2021 Grant To recognize revenue for the JAG 2021 finding in the amount of $6,902.55. Funding was budgeted for FY 2022 at the estimated amount of S6 903.00. i. vo l . P g m I (� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 01-11-2022 Department Submitting Information: Human Resources Purpose of Submissions: - Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk — Jury Services McQueen, Samantha Change of Status Approved in Commissioners' Court: 01-11-2022 : County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol, �O Personnel Change of Status Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: ( Jan 6, 2022 ) 01-11-2022 Human Resources Consider and Take Action on Change Employment Deparimemtame r` t� y� ya �, Sz'�°Ert Qlo�yee Name'"p mi ri�e..'� 470 '�, i"'Teld iruj'-53�m � a-- 4 •,�. -"� 361st District Court - Administration Hilbum, David Sheriff Office - Jail Administration Mary* {Juarez,, t1� 7GfsfMgait ��vf'' �+ y � ''1 �`� �.'.*x SG V6,��. P �. '.': •a LS z�� jll� .. � Y.�� �42"�"j-,�♦R'L ! � .� ���4�f�r. 4ia �.. 1V J-3':;� : `.^ '� 7iL.tir.R.. :l:,:{ 64 Jr"on..ki{: C 3 _ . tj r.yra�4..z.a. i�.# ti4 N r : k..C.+ .' {• i x S Separations Departt4en4t Name17 s s��AEr�R�oyee Name�� S !I F G h$ f_ty,re>s��`�',�'... Information Technology - Knighton, Daryl Administration Sheriff Office - Jail Natal, Brandon Administration Sheriff Office - Jail Portls, Ronnie Administration vF SR � '.::��'_ her •^ a,� .�� r''"i.,>��:' ,t.-tea. v... . a_��, Approved in Commissioners' Court: 0112022 County Judge's or Commissioner's Signature: *Correction (This Copy to be attached to minutes) Vol. b Pgo °7