Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2022-06-21 10:00AM REGULAR MEETING
F EO 1071 M4 11 P 2.22 _ r;.��}J}� Ila Et4ft wi 1C, 1' .! I\ • e2W rf BRAZOS COUNTY B RYAN, T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 21, 2022 AT 10:00 AM IN THE COMMISSIONER'S COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COMBRAZOSCOUNTYTX Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Ford 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 - 21 3. Proclamation 22-014 in honor of the Payton-Tates Family Reunion., 4. Consider and take possible action on a county bum ban. 5. Request from Constable Pct. 2 for three Ballistic Shields (MP3++) in the amount of $16,506, to be funded from the contingency fund, as a proactive measure in the event of an active attacker. 6. Request from the Sheriff's Office for approval of a Diners Club Card for the following employees in the amounts of $1,000 and $5,000 for emergency use and travel and training: • a. Austin Elmore - $1,000 emergency use • b. Jesse Ostiguin - $1,000 emergency use • c. David Grissom, - $1,000 emergency use • d. Patrol Lt. Ed Ramirez- $1,000.00 emergency use • e. Sergeant Stephen Garon, Training Coordinator - $5,000.00 travel and training 7. Permission to Advertise Surplus Auction. 8. Request approval for the extension of building leases for the following county offices Vol _ Pg._____.� _..__. through July 31, 2023. • a. Precinct 1 Constable -Contract #23-006R • b. Precinct 1 Justice of the Peace - Contract#23-007R 9. Approval of Contract #22-133 West Law (Clear) for District Attorney - I nvestigators. 10. Award of RFP #CIP 22-636 JP/Constable Precinct 1 Building. Recommended Award: Marek Brothers Construction, Inc. 11. Approval of Contract Renewal 23-005R Water Treatment for Brazos County with Fort Bend Services, Inc. 12. Consider and take action on a fence building estimate from Dorothy Santina and Nancy Seaman in the amount of $7,100.00 to construct a 5-strand barbed wire fence along I&GN Road. Estimate includes all materials and labor. County has acquired new right of way and this will allow for utility and roadway construction to proceed without any delays. Site is located in Precinct 1. 13. Consider and take action on the Wildfire Energy Operating, LLC utility permit to install a temporary 12" Polyurethane water line within and along the right-of-way of Edge Cut Off Road and Deep Well Road a distance of 2.12 miles. Project will provide water to an oil well. Site is located in Precinct 2. 14. Approval of request for Tax Refund for Michael Pfister pursuant to Tax Code Section 33.011. 15. Tax Refund Applications for the following: Overpayments • a. Fujifi Im Diosynth Biotech TX, LLC - $40.00 16. Commissioners Court minutes for the following dates: • May 19, 2022 - Workshop Session 17. Budget Amendments. • Budget Amendments FY21/22 36.1 —36.5 18. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 19. Payment of Claims. 20. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, or duties of county personnel. • b. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. 21. Consider and Possible Action on Executive Session. 22. Acknowledgement of Brazos Central Appraisal District Independent Auditor's Report and Financial Statements for the year ended December 31, 2021. 23. Acknowledgement of FY 2021-2022 Budget to Actuals by Funds as of June 15, 2022. Vol. Pg. 4 1 _.. Y 24. Juvenile director's report on detention population. 25. Sheriff's report on inmate population. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and/or concerns 28. Adjourn. Vol. Pg. 3 g .._e... PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioner's Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COMBRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. -30- pg, 39� MINUTES J U N E 21, 2022 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, June 21, 2022 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Russ Ford, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Ford 2. Call for Citizen input and/or concerns Ronnie Vitulli expressed his concern over the proposed 7.5% COLA for the Fiscal Year 2023 Budget. He stated that this is a step in the wrong direction and will not help ease the burden on the taxpayers. Mr. Vitulli used Texas A&M University as an example of an entity that has not offered a COLA to employees since 2008. He asked that the Court consider the ramifications of a large COLA. Democratic Party Chair Amy Alge shared her perspective on the issues with the May 24, 2022 runoff election. She stated that as the new party chair, she was unaware that she Vol. Pg. w __ had any say -in the polling locations. She clarified that there was not any malintent on anyone's part in Galilee Church being closed for election day. Ms. Alge suggested adding the polling locations in electric bills as a way of spreading the word more effectively. Consider and take action on agenda items: 3 - 21 3. Proclamation 22-014 in honor of the Payton-Tates Family Reunion. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 4. Consider and take possible action on a county bum ban. Judge Peters stated that the KBDI numbers are increasing and several local fire chiefs are recommending putting a bum ban into effect, while others are not quite ready at this time. Commissioner Ford suggested that the Court table the burn ban until next week in anticipation of forecasted rain. Commissioner Ford then asked that the public be diligent and careful due to increased fire danger. Commissioner Aldrich is in favor of passing the bum ban today at the recommendation of the fire chief in South College Station. Commissioner Ford made a motion to table, and Commissioner Cauley seconded. The motion passed with four ayes and one nay. Motion: Table, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 4-1. Ayes: Berry, Cauley, Ford, Peters. Nays: Aldrich. 5. Request from Constable Pct. 2 for three Ballistic Shields (MP3++) in the amount of $16,506, to be funded from the contingency fund, as a proactive measure in the event of an active attacker. Judge Peters asked whether Constable Donald Lampo had exhausted all other options for funding. Constable Lampo stated that in order to exhaust the other options, he would first need to Court to deny his request. Commissioner Berry and Commissioner Cauley both asked that Constable Lampo explore other options. Commissioner Cauley then made the motion to deny to which, Commissioner Berry seconded. The Court voted Unanimously to deny the request. Motion: Deny, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 6. Request from the Sheriff's Office for approval of a Diners Club Card for the following employees in the amounts of $1',000 and $5,000 for emergency use and travel and training: • a. Austin Elmore - $1,000 emergency use • b. Jesse Ostiguin -$1,000 emergency use • c. David Grissom, - $1,000 emergency use • d. Patrol Lt. Ed Ramirez - $1,000.00 emergency use e. Sergeant Stephen Garon, Training Coordinator - $5,000.00 travel and training 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 Surplus Auction. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 8. Request approval for the extension of building leases for the following county offices through July 31, 2023. • a. Precinct 1 Constable -Contract #23-006R • b. Precinct 1 Justice of the Peace - Contract #23-007R A copy of the lease extension is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 9. Approval of Contract #22-133 West Law (Clear) for District Attomey - Investigators. Commissioner Ford asked for clarification on the type of software being contracted. Purchasing Director Charles Wendt explained that this is a version of West Law specific to needs of investigators. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 10. Award of RFP #CIP 22-636 JP/Constable Precinct 1 Building. Recommended Award: Marek Brothers Construction, Inc. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP CIP#22-636 JP/Constable Precinct 1 Building to Marek Brothers Construction, Inc. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0.• Ayes: Aldrich, Berry, Cauley, Ford, Peters. 11. Approval of Contract Renewal 23-005R Water Treatment for Brazos County with Fort Bend Services, Inc. Commissioner Ford clarified that the services being provided includes treatment for the air conditioning units to prevent algae build up. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Vol. fig. 701,- �_ Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 12. Consider and take action on a fence building estimate from Dorothy Santina and Nancy Seaman in the amount of $7,100.00 to construct a 5-strand barbed wire fence along &GN Road. Estimate includes all materials and labor. County has acquired new right of way and this will allow for utility and roadway construction to proceed without any delays. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 13. Consider and take action on the Wildfire Energy Operating, LLC utility permit to install a temporary 12" Polyurethane water line within and along the right-of-way of Edge Cut Off Road and Deep Well Road a distance of 2.12 miles. Project will provide water to an oil well. 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. 14. Approval of request for Tax Refund for Michael Pfister pursuant to Tax Code Section 33.011. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 15. Tax Refund Applications for the following: Overpayments • a. Fujifi Im Diosynth Biotech TX, LLC - $40.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 16. Commissioners Court minutes for the following dates: May 19, 2022 - Workshop Session Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 17. Budget Amendments. • Budget Amendments FY21/22 36.1 —36.5 Vol. gig. 36.1 Reallocate Hotel Occupancy Tax funds. 36.2 Transfer Contingency funds to County Judge. 36.3 Transfer Contingency funds to Veterans Services. 36.4 Reallocate funds for Road and Bridge. 36.5 Reallocate funds for Road and Bridge. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 18. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 19. Payment of Claims. Claims 8115835 - 8115951 9005152 - 9005194 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 20. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, or duties of county personnel. • b. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. At this point, the County Judge announced the Court would consider items 22 through 27 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:24 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to the following: a. Section 551.074 to discuss the appointment, employment, evaluation, reassignment, or duties of county personnel. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Jennifer Salazar, Human Resources Director Raeanna Herrera, Human Resources Katie Conner, Auditor Nina Payne, Budget Analyst b. Section 551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Katie Conner, Auditor Charles Wendt, Purchasing Director 21. Consider and Possible Action on Executive Session. At 11:01 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Sessions. 22. Acknowledgement of Brazos Central Appraisal District Independent Auditor's Report and Financial Statements for the year ended December 31, 2021. The Court acknowledged receipt of the Brazos CountyAppraisal District report ending December31, 2021. 23. Acknowledgement of FY2021-2022 Budget to Actuals by Funds as of June 15, 2022. The Court acknowledged receipt of the 2021-2022 Budget to Actuals by Fund as of June 15, 2022. 24. Juvenile director's report on detention population. Juvenile Administrative Manager Melissa White reported there are 39 juveniles in the detention center, 32 are male and 7 are female, and 32 have electronic monitors. There are 7 youth in isolation as per medical protocol for new intakes. 25. Sheriff's report on inmate population. Sheriff Wayne Dicky reported there were 671 inmates in jail, 560 inmates are male and 111 are female, 56 have electronic monitors and 12 are pending for processing. He stated that at 672 inmates the jail will exceed its staff capacity and explained that they are keeping an eye on the numbers. 26. Announcement of interest items and possible future agenda topics. Commissioner Ford advised that he would like to see the Court take action on implementing a Citizen Advisory Committee to select polling locations. Commissioner Aldrich and Commissioner Cauley concurred. 27. Call for Citizen input and/or concerns There was no Citizen input. Vol. pg. 7�� 28. Adjoum. Vol. pg. ��. The foregoing minutes of the Commissioners Court Meeting held June 21, 2022 have been examined and are approved in open Court this 5th day of July 2022, in Bryan, Brazos County, Texas. Duane Peters County Judge Russ Ford Commissioner, Precinct 2 • • _ Attest: Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 Nancy Be Commissioner, Precinct 3 Pg j of 5 BRAZOS COUNTY. COMMISSIONER'S COURT I DAY OF d v fV- Name (PLEASE PRINT)) wvm�Al /j99;4M L.QNSD®WN rl MO16SA' iNh►4c Organization (PLEASE PRINT) elrl teki R( 621AA' & S0 "Ju Vol ►fie Serv)C�S c�..-� c1-4 ► L L% )�zS Pg 2,- of Organization (PLEASE PRINT) BRAZOS COUNTY COMMISSIONER'S .COURT � �--DAY OF . 20,9 A01I Q CD AM , o� Name (PLEASE PRINT) Pg 3 of 3 BRAZOS COUNTY. COMMISSIONER'S COURT DAY OF 20,:,Z oAMIM Name (PLEASE PRINT) MAMCM&NA&MI Organization (PLEASE PRINT) Proclamation WHEREAS, The Payton-Tates family reunion is in honor of our grandparents, Albert and Ada Payton. Ada Green Payton was born in 1862 and died in 1967. She married Albert Payton at a very early age. There were 14 offsprings of Albert and Ada Payton, 7 boys and 7 girls. The boys were: Clint, Mitchell, Willie, Ezra, William, Tommy and Albert. The girls were: EIizabeth, Eva, Ella, Texana, Della, Leona, and Ada. All the original Payton's are now deceased; and WHEREAS, The Payton -rates family reunion was thought of by Mrs. Leona Payton Jones and Mrs. Lula Mae Tates Griffin in 1971. They decided to bring the idea of a family reunion to other members of the family for their approval. The family members approved of having a family reunion and the first reunion was held in June 1972 in Bryan, Texas. The first family reunion was held at Fred Swann's place in Bryan, Texas. The second family reunion was held at Mackenzie State Park in Lubbock, Texas. The family reunion has since been alternated every year from Bryan to Lubbock Texas. In 1982, the family reunion was held in Corpus Christi, Texas. The family reunion now alternates between Lubbock and Bryan, Texas and is always held the last Friday, Saturday, or Sunday in June; and WHEREAS, Many relatives are deceased since our family reunion began 49 years ago, but we thank God things are as well as they are. Our family reunion has become a tradition. Traditions like special holidays are repeated year after year. In Bryan, Texas, the Friday night of the reunion consists of a fish fry, weenie roast, and fun & games for everyone. In Lubbock, Texas, the Friday night consists of a fish fry, salad suppers, visiting with others and fun & games. On Saturday, in Bryan and Lubbock, we would have our traditional dinner which consists mainly of barbeque (ribs, beef, and links), potato salad and beans. A variety of other side dishes were also served. We also had bread, desserts, and drinks. A short program was held; then there was fun and games for everyone. We have come a long way and like the Jefferson, "we have moved on up" to banquet halls and catered dinners. On Sunday, in both Bryan and Lubbock, the day consists of worship services held at a chosen church; and WHEREAS, These reunions are of major importance to us because we find out about our "Roots". "Roots" is another word for "Heritage", or that part of ourselves that we inherit from our ancestors. We find out what changes have taken place in everyone's lives, failures or prospers. We watch each other grow up or grow old. We each find a sense of family time and acquaint ourselves with new members of the family. Most importantly the reunions allow us to fellowship and enjoy our relatives. NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the Iast weekend in June as the Payton-Tates Family Reunion. PROCLAIMED this awl d y of �V` N E 92022. Duane Peters County Judge �e -�f�x Commissioner Steve Aldrich Precinct 1 7 Commissio er Nancy Berry Precinct 3 Commissioner Russ ord Precinct 2 Commissi a y Precinct 4 Vol. 0 Pg. BRAZOS COUNTY OFFICE OF THE SHERIFF CHRISTOPHER C. KIRK W. James Stewart, CHIEF DEPuTY 1700 HIGHWAY 21 WEST WAYNE DICKY, JAIL ADMINISTRATOR BRYAN, TmAs 77803-1300 To: Purchasing From: Chief Deputy Martinez Subject: Diner's Club Cards The Sheriff's Office is requesting the issuance of three Diner's Club Credit Cards for Investigator Austin Elmore, Investigator Jesse Ostiguin and Investigator David Grissom for emergency use. Plese do not hesitate to contact me with any questions. Sincerely, Chief Deputy Paul Martinez OFFICE (979) 361-4900J�p ADMINISTRATION (979) 361-�4992 FAX (979) 361-4905 Vol. Pg. 5 �- Diners Club INTERNATIONAL: Corporate Card Program Card Request Club Rewards° Enrollment Central Billing Mail or fax completed applications to: *Application cannot be processed without this required information. EMODFI.naheial Grout BMO Harris Bank N.A. Client Services P.O. Box 6138 Carol Stream, IL 60197-6138 Fax: 1-855-803-7341 For organization's Program Administrato Use:16-digit Summary Account # 30(aaW aro -14A00 TITLE "FIRST NAME N MIDDLE ` *LAST �� — �� ORGANIZATION NAA)M20" COW* ADDRESS (No P.O. Box) [r``��(n`� �� "' CITY �� STATE— ZIP G "BUSINESS TELEPHONE �k � HOME TELEPHONE "Password for security purposes tC t Ly4F(�� l+ 0_� �.�-Q��K�(��r 1 If you provide an e-mail address, we may use it to contact u about DATE OF BIRTH V 1 lJ l "1• E-MAIL ADDRESS Yk n�y V V `your account. TO DESIGNATE ANOTHER PERSON TO MANAGE YOUR ACCOUNT, PLEASE INDICATE Names ����e-r �c , Relationship: G � a � � 0 l � ► + a+. aM BEENE 1' 1 1 1 1+ ❑ Yes! Please enroll me in the Club Rewards program from Diners Club and start awarding me Club Rewards points on all eligible transactions charged to my Card. I understand that a yearly fee of $75 will be charged to my Diners Club Card Account. Club Rewards is only available on eligible transactions. See terms a conditions fol further details. EMPLOYEE / APPLICANT SIGNATURE (optional) DATE. ;.4 NAME OF ORGANIZATION REQUESTING CARD ISSUANCE FIELD 1 FIELD z FIELD 3 FIELD 4 - FIELD 5 FIELD 6 . Vol. Po 5 ° Registered trade -ma ks of Bank of Montreal. Diners Club, Diners Club International with the Split —` Circle Device —an -a C u i Rewards are registered trademarks of Diners Club International Ltd. 160817 DCI US CorpCardReq - CB CR (09/11) Diners Club RMRNAUONAI: 1SMO ® Financial Group Corporate Card Program Card Request Club Rewards' Enrollment Central Billing , Mail or fax completed applications to: *Application cannot be processed without this required information. BMO Harris Barak N.A. Client Services P.O. Box 6138 Carol Stream, IL 60197-6138 Fax: 1-855-8037341 For organization's Program Administrato Use: 16-digit Summary Account # ,,�, 3b(oaaWa0 LA Lq W TITLE *FIRST NAME •MIDDLE `'LAST �� ��� dry ORGANIZATION NAME&PS 0�� ADDRESS (No P.O. Bax) —^�-� `e WM V� l `�- CITY R'C� STATE — ZiP "BUSINESS TELEPHONE"'L r-, 0L � HOME TELEPHONE "Password for security purposes 11AC t''14 &Y If you provide an email address, we may use it to contact you about DATE OF BIRTH �,,a f`i t .`'{� ' u E-MAIL ADDRESS c�Jl..lR�'� ..� s 's`�praccount. 10 DESIGNATE ANOTHER PERSON TO MANAGE YOUR ACCOUNT, PLEASE INDICATE Name: &C60 Relationship: ❑ Yes! Please enroll me in the Club Rewards program from Diners Club avid start awarding me Club Rewards points on all eligible transactions 'charged to my Card. I understand that a yearly fee of $75 will be charged to my Diners Club Card Account. Club Rewards Is only available on eligible transactions. See terms it conditions for further details. iM'PL0YE`E* r EMPLOYEE / APPLICANT SIGNATURE (optional) DATE X NAME OF ORGANIZATION REQUESTING CARD STATE ZIP FIELD 1 FIELD 2 FIELD 3 FIELD A FIELD 5 FIELD 6 X, Vol. pg. S_Z/ 7stdreid7adr-r.rks of Bank of Mardreal.•olners Club, Diners Club International with the Split Circle Device and Club Rewards are registered trademarks of Diners Club International lid. 160817 DCI US CorpCardReq - CB CR (09/11) d Diners Club INnRNAMONAi; 33M®' ..' Finmcn.d Groin t Corporate Card Program Card Request Club RewardsO Enrollment Central Billing Mail or fax completed applications to: *Application!cannot be processed without this required information. BMO Harris Bank N.A. - Client Services P.O. Box 6138 Carol Stream, IL 60197-6138 Fax: 1-855-803-7341 For Organizations Program Administrate Use:, 16-digit Summary Account # �c��ma2- H&—C16o TITLE *FIRST NAME ��5�,. .MIDDLE "LAST `) ����-�� ORGANIZATION NAME��ZS�S�--s ADDRESS (No P.O. Box) ! �� �'�.�5 a CITY�t-'�1 - STATE_ ZIP �o 17 `'BUSINESS TELEPHONE � HOME TELEPHONE 'Password for security purposes' �� � a cqq ( you provide an e•mall address, we may use It to contact y about DATE OF BIRTH �t` ap `tip "` E-MAIL ADDRESS Ccxan� raccount. TO DESIGNATE ANOTHER PERSON TO MANAGE YOUR ACCOUNT, PLEASE INDICATE Name RelationshipAQ ❑ Yes! Please enroll me in the Club Rewards program from Diners Club and start awarding me Club Rewards points on all eligible transactions charged to my Card. I understand that a yearly fee of $75 will be charged to my Diners Club Card Account. Club Rewards is only available on eligible transactions. 'See terms Ei conditions foi further details. EMPLOYEE / APPLICANT SIGNATURE (oDUonal) DATE R M DD TRY .,,�.�y `i x � � .�,���ttiar'•sm `+ . ._o`. .. .;• � Y �� �` 1'"t+`.��t�vt.+*: _ ., ORGANIZATION INFORMATION AND�TNORIZATIQN(Toa[rtoMPLIET•EnitTYTHEnROGRAMMANAGEP); •�' �_; r 1 a:, '.4 t . a sar, s• ram; + NAME OF ORGANIZATION REQUESTING CARD ISSUANCE STATE. ZIP FIELDFIELD 1 FIELD 2 3 FIELD 4 FIELD 5 FIELD. � � stet :�;yDk Sk'!A.?XC �, {in '+• �bd t;�} w'. -' ;�.K`"2� S<'{j�t`�tf'�'v`� 'fi,(, `� AUTHORI'ZEp'SIG"'AT►tF'ES,AND�TITLES(REQUIItEO IF FORM 15 PRIrJTED)' �,s� , qM1�"f}p#''' t s'assr�ta.RE rvM�y!`Jd1+6S1.<;i5..-.� _. 1[t�T. L CO Lt PT-4 AUTHORIZED SIGNATURE AND TITLE' a •1. V Vol. 3 P9. 0 Registered Irade•marks i I Bank of Montreal, Diners Club, Diners Club Internationarwith the Split -Circle Device aril Club K Nard5 are registered trademarks of Diners Club International Ud. 160817 DCI US CorpCardReq - CS CR (09/11) BRAZOS COUNTY OFFICE OF THE SHERIFF WAYNE DICKY, SHERIFF PAUL A&ARTINEZ, CHIEF DEPUTY OF ENFORCEMENT 1700 WEST STATE HIGHWAY 21 KEVIN STVART, CHIEF DEPUTY OF CORRECTIONS BRYAN, TExAs 77803-1300 To: Purchasing From: Chief Deputy Martinez Subject: Diner's Club Cards The Sheriffs Office is requesting the issuance of two Diner's Club Credit Cards for Lieutenant Edward Ramirez and Sergeant Stephen Garon. As the new Training Coordinator, Sgt. Garon will be responsible for securing travel arrangements and booking courses for SO Administration employees. As such, we are requesting a $5,000.00 limit on Sgt. Garon's card. Lieutenant Ramirez will need a card for emergency use. Please -do not hesitate to contact me with any questions. Sincerely, - - /� Chief Deputy Paul Martinez Vol. ��� _ Pg.` OFFICE (979) 361-4900 A0 ADMINISTRATION (979) 361-4992 1* FAX (979) 361-4999 BM®, Fimajacial. Group Diners'Club INTERNATIONAL: Corporate Card Program Card Request Club RewardsO •Enrollment Central Billing - Mail or fax completed applications to:. *Application cannot be processed without this required information. BMO Harris Bank N.A. Client Services P.O. Box 6138 Carol Stream, IL 60197-6138 Fax: 1-855-803-7341 For organization's Program Administrato .Use: 16-digit Summary Account # S3 b aac-0a (.-7u401W TITLE FIRST NAME : `ep�`Q%_r MIDDLE ''LAST (� l G� 'y ORGANIZATION NAME��S Q��� ADDRESS (No P.O. Box)([�` ��( `� Gkp �sa CITY - STATE_ ZIP! G BUSINESS TELEPHONED t �, � HOME TELEPHONE Password for security purposes C ' �" t `v_: -� V ��iC�7COt�KI�� tV ILyou provide an e-mail addr ss, we may use It to contact u about DATE CIF BIRTH E-MAIL ADDRESS your account. TO DESIGNATE ANOTHER PERSON TO MANAGE YOUR ACCOUNT, PLEASE INDICATE Name: S's` NmeC ry�� Relationship: ` G ❑ Yes! Please enroll me in the Club Rewards program from Diners Club and start'awarding me Club Rewards points on all eligible transactions charged to my Card. understand that a yearly fee of $75 will be, charged to my Diners Club Card Account. Club Rewards is only available on eligible transactions. See terms 8 conditions for further details. _ EMPLOYEE / APPLICANT SIGNATURE (optional) X NAME OF dRGANIZATION REQUESTING CARD ISSUANCE DATE CITY FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 CoLk ry. AUTHORIZED SIGNATURE AND TITLE ::T,LxA(ol V Vol. a P9. .S -7 ' STATE ZIP FIELD 6 160817 DCI US CorpCardReq - CB CR (09/11) L Registered trade -marks of Bank of Montreal. Diners Club, Diners Club International with the Split Circle Device and Club Rewards are registered trademarks of Diners Club International Ltd. Diners Club INTERNATIONAL: ISM0 : (v Finucial Grouj Corporate Card Program Card Request Club Rewards'0 Enrollment Central Billing Mail or fax completed applications to: *Application cannot be processed without this required information. BM0 Harris Bank N.A. Client Services P.O. Box 6138 Carol Stream, IL 60197-6138 Fax: 1-855-803-7341 For organization's Program Administrato Use: 16-digit Summary Account # TITLE "FIRST NAME 'El Z`�A (� MIDDLE ^°LAST C'nl�Q-Z ORGANIZATION NAME -�� CoLtitk ADDRESS (No P.O. Box) S � C � � �` CITY �C S—JC STATE ZIP G `� "BUSINESS TELEPHONE— HOME TELEPHONE 'Password for security purposestLC� t ��t ttir#c^Y1 4+ (,� �.�• 0�� �` r r if you provide an e-mail addr�ss, we may use it to contact u about DATE OF BIRTH "" ` t°�L ["iJt`' E-MAIL ADDRESS.�,.�u v V \yo_ur account, TO DESIGNATE ANOTHER PERSON TO MANAGE YOUR ACCOUNT, PLEASE INDICATE Name, OS � �� -f� 'Relationship: o ❑ Yes! Please enroll me in the Club Rewards program from Diners Club and start awarding me Club Rewards points on all eligible transactions charged to my Card. I understand that a yearly fee of $75 will be charged to my Diners Club Card Account. 'Club Rewards Is only available on eligible transactions. See terms Er conditions for further details. - EMPLOYEE / APPLICANT SIGNATURE (optional) DATE AMIM tie FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 FIELD 6 X Vol. ��� pg- S� ° Registered trade -marks of Bank of Montreal. Diners dub, Diners club International with the Split drde Device and club Rewards are registered trademarks of Diners dub International Ltd. 160817 DCI US CorpCardReq --CB CR (09/11) Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 3614293 BRAZOSCOUNTY AUCTION DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise the following: DATE: June 16, 2022 AUCTION RUN DATES: Start June 24, 2022 = July 5, 2022 REQUESTING DEPARTMENT: Purchasing TYPES OF ITEMS BEING AUCTIONED: Furniture, Computers, Eguipment, Misc. Items APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: ZCk O E: c2f s EVol. pg. �.1 TEXAS REALTORS COMMERCIAL LEASE AMENDMENT USE OF THIS FORM BY PERSONS VM ARE NOT MEMBERS OFTHE TEXAS ASSOCIATION OF REALTORS9 IS NOTAUTHOWED. WeXUAssoeiation ofREALTORS0, Ine. 2010 AMENDMENT TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE LEASED PREMISES AT 128" FM 2154 Rd Ste 140, College Station, TX 77845-3982 Effective on _ June 15, 2022 , Landlord and Tenant amend the above -referenced lease as follows: ❑ A. _Leased Premises: The suite or unit number identified in Paragraph 2A(1) is: ❑ (1) changed to ❑ (2) contains approximately square feet. . ❑X B. Term. ❑ (1) The length of the term stated in Paragraph 3A is changed to ` months and days. ❑ (2) The Commencement Date stated in Paragraph 3A is changed to . (3) The Expiration Date stated in Paragraph= is changed to July 31 2023 Q C. Rent_ The amount of the base monthly rent specified in Paragraph Ak is changed to: $ _ _ 2,437.50 from 10/01/2022 to 07/3112023 ; $ from to $ from to ; $ from to $ from to ❑ D. $Beau ' Deposit: The amount of the security deposit in Paragraph 5 is " changed to ❑ E. Maintenance and Repairs: The following item($) specified in the identified subparagraph of Paragraph 15C will be maintained by the party designated below: esc ' 'on ❑ F. Packing: Responsible Pa►ty NIA Landlord Tenant N/A Landlord Tenant N/A Landlord Tenant NIA Landlord Tenant ❑ (1) Common Parking• The number of vehicles identified in Paragraph A(1) of the Commercial Lease Parking Addendum is changed to vehicles. ❑ (2) Restricted Common Parking for Tenants: The number of vehicles identified in Paragraph A(2) of the Commercial Lease ParkiltAddendum is changed to vehicles. (TXR-2114) 1 26-10 Mated for Identification by landlord: „ , and Tenant: Page 1 of 2 Rkk1 maa.BrUre,9013og6taCoR9P9rAX[ONM[77W Pionm979-2ff1 0 Faye 1245FM21U. BkhadlAwns Pmdtmed wCs Lone WelfTiat ila (zTpkjm Edtlon),, Sheaisan Cr. Cambridge. Ontario. Canada NIT IJs wwer.NvoN.ccm Vol. �1�02 pg. 1. Amendment to Commercial Lease concerning 12845 FM 2154 Rd Ste 14% Gelleae Station, TX 77845-3982 1 ❑ (3) Assigned Parking: Tenant's assigned parking areas identified_ in Paragraph AM of the Commercial Lease Parking Addendum is changed to ❑ (4) Parking Rental: The amount of rent identified in Paragraph B of the Commercial Lease Parking Addendum is changed to $ I ❑ G. Other. Paragraph(s) are changed to read (cite specific paragraphs and copy the applicable paragraphs verbatim, making any necessary changes): Landlord: By: By (signature): 2;" Printed Name: Title: Date: ZZ By: By (signature): Printed Name: Title: Date: (rXR 2114) i 28-10 Tenant; 7J aXLO S CO LL N z Y By: l�u ►��E PC — By (signature): Printed Name: IDLxPrOIF Pl Tt✓av_s Title: C C) t1l o" cT tk a Co t- Date. (o La By: By (signature): Printed Name: T! e: Date: FM&wd wdh Lone Wolf Tiauactim (Worm EcMn)231 Shearson Cr. Camtuidg% N1T1J5 www.Nalmm Page 2 of 2 13645FM204, Vol. 5-w- pg., � Brazos County Purchasing Department r 8' 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77M PHONE (979) 361.4290 FAX (979) 361-47.93 June 17, 2020 Southwood West, A Texas General Partnership 14375 East Montgomery Rd Scottsdale, Arizona, 85262 Re- Renewal of Contract #21-002R for Lease for Precinct 1, Constable Brazos County appreciates the office space that your company has provided and would like to exercise the renewal option fbr Renewal of Contract # 21-002R, Lease tier. Precinct 1, Constable, previously known as Contract # 204U% 19.010R,18-013R and 17-229. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year starting October 1, 2020 through September 30, 2021. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to arutledge@brazoscountytx gov. Please return acceptance as soon.as possible. If you have any questions, I may be reached At (979) 361.4269. Contact Name: Jeffrey L. McDowell _Telephone: 623.262.0811 _MaO. , Reattormadoweil@gmail.com SOUTHWOOD WEST r I-N L..- - 06126120?0 An;morized. Signature Date Dunne Peters, County Judge DatcT Vol.' 36L pg. 4 °� Renewal of Contract 21-002R for Lease for Precinct 1, Constable. Pages 2,4,6,8 were not submitted with Lease document. Vol. 5(a �— p9, �' LEASE PRECINCT 11 C6I4ABLE'S OFFICE This lease is made and executed in duplicate between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite ' B, Bryan, Texas 77802, as "Lessor", and BRAZOS.COUNTY,. TEXAS, a, political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas. 77803, as "Lessee". I. Description :of Premises Lessorleases to Lessee. a;portion of that certain single store building,. said portion to be rented. shall, be. referred to. in this .lease as. the : demised premises, situated' at ,12845 FM 2154, Suite 140, In the City..of College. Station,. County of Brazos, State of Texas, and is more particularly described on Exhibit; `W' appurtenances in connection with the premises. The demised premises shall have assigned Space #140. The demised premises shall be at. least 1625 sq. ft. in.size. The building is to be•handicap accessible in accordance with ADA standards. 7 Term The. initial. term of this .lease shall be foi a period of twelve (12) months commencing on October4. 1, 2UI6and terminating on Septeniiier 30, 2617 (the "Initial Terni')., This' lease niay be renewed five (5) times after the expiration of the Initial Term for a one (1) year'term, each renewal term to be effective October 1, of the. year of renewal. Each renewal term shall be number with renewal. • option ,.1, .commencing on..,October, 1,.. 2017..and . being numbered consecutively thereafter with renewal option 5 commencing on October. lY, .2021 and fexmination on,Septembei 30, 2022: Lessee.shall notify Lessor in writing of its intent to renew,the Lease 90 y .. days prior to,the then current lease term expiring.. All rene . jerms 'shall be on the same terms and.conditions set forth herein..•, . Re#tal Lessee agiees.to pay Lessor.as.a fix ed,.minimum -inonthly'rental for the Initial Term of this lease and all renewal terms, at such place as lessor may -from time fo*time designate an amount equal to $1.04 per sq. ft. of occupied space of $1,690.00'. Said rent is payable in monthly installments on the first day of each month for the term of the lease. Iv. Occupancy and Acceptance dwemfies Byentering into and occupying the` demised .premises,, the'.Lessee shall be deemed to ac6owledge that the demised premises ar'e in good condition and repair and. that the building has been constructed substantially in accordance with the approved plans and specifications � g. for the operation of its business to the extent that it may be practicable to do so from the standpoint of good business: b) ' Right to terminate on destruction of one-third- of premises: Either party to the lease shall have the right to terminate this lease, if the building is damaged to an extent exceeding one-third of the then reconstruction of such building -as a whole; provided that, in such an event, such termination of this lease shall be effected by written notice to that effect to the other party delivered within five (5) days of the happening of such casualty causing the damage. c)' Reduction of rent during -repairs: In the event- Lessee continues to • conduct Lessee's business during repairs, the 'fixed minimum monthly rental will be equitably reduced -in the proportion that the unusable part of the premises bears to the whole premises. No 'rental shall be payable while the building is wholly unoccupied pending repair of casualty damage. X. Repairs Generally a) By Lessor: The Lessor shall, at its own costs and expense, repair any damage to the 'demised' premises occasioned by" termites; dry rot, mold or fungus, and maintain the roof and" exterior walls, air-conditioning equipment of the demised premises 'in good. fepair at all" times, and will further" keep and maintain all underground -plumbing in good order and repair, -but not including the repair of plumbing stopped up'by reason offoreiga matter introduced into the plumbing fixtures. Lessor 'shall" have no obligation to make any of the repairs required in the Section unless and until there has been served upon Lessor by the Lessee at 'least three (3) days' notice'in writing, advising the Lessor of the necessity of the repair or repairs. The phrase "exterior Walls" as used here shall not be so construed as to require the Lessor to -make repairs to the interior "surfaces of the walls. by By Lessee: Lessee shall, at its own -cost and expense, keep and maintain all of the •demised premises, including but not limited to exterior entry and exit doors, ornamental facing,* place' glass, in or on th'e demised premises, in good order, condition, and repair, an in compliance with all applicable laws and regulations, during the entire term•of this lease, except for, those repairs required of the Lessor to be made and damage occasioned by fire, earthquake, or' other cause or causes as provided for in Section IX of this lease.' c) Emergency repairs: Notwithstanding the provisions of Section IX, in the event repairs which the Lessor is -required to make winder the tease become immediately necessary in order to avoid possible injury or damage to persons or property, the Lessee shall be entitled to make such repairs at a cost not to exceed $1,000.00 for the account 011ie Lessor without giving the required notice. • ' 3 '^ Vol. 3�� Pg. �� Sui render of premises Lessee shall, at the termination of this - lease, * vacate the demised premises 'in as good condition as they are in at the time of entry on the premises by Lessee,'excePt for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee, and upon vacating shall Ieave'the demised premises free and clear'of &.rubbish'and.debris:" . ' -- XV. Subordination'Ag Cement 'Lessee is' given the right to make payment of any defaults under any and -all trust deeds or liens of record on the demised premises, and to receive reimbursemerif for. such payment by deducting and crediting from and against rentals becoming due under this lease. lessoi'S"Right of Jnspeetian and Ttepafit C. Lessor shall have access to the demised premises and each and every part during Lessee's I . .. r'business liours for the'gurpose of inspecting -the same•and inaldng4epairs to the demised premises.' `Lessor shall-',&e Lessee"Aree (3)':d#y --written riQtice-of its -intent -to make repairs to the demised premises excepfin the•event of an=einergency: XVH., Defauitl* Lessee a) I:essor.'s "ri ft to repossess 'operate ' or relO ° If the• rental" reserved by this lease or other charges" to .be paid under the lease'by Lessee, or any part, are not paid when aue °ana remain° -unpaid for a peribd-of r5 days ;after notice in writing, or if Lessee fails to promptly perform any other covenant; condition; .oragreement by it to be performed under the lease and lessee has not commenced a cure for such failure, i or if i.essee abandons the demised-pren ises; • or ifLess'ee breaches any obligation under thus lease to be performed by it which cannot, be cut'ed, 'then, and in any such event, Lessee shall be deemed to be in default and Lessor, upon 30 days writtennotice may at its option take Possession of the demised premises. By legal proceedings,.Lessor shall take, operate, or relet the premises, in whole or in part, fvT'ttie account of tbe. Lessee at such renter and on'suchagreeirieut.and'conditions, and to . • such .tenant''br • tenants as' -the -Ussoi' in :good faint may deem proper; for a term not exceeding the ungxpiied`perigd of the current Least term: Lessor`'aoknotwledges Lessor's obligation• under law to mitigafe- damages •to lhe' Lessee by 'using 'rea'sobabI6 •efforts• -to relet the demised.premises::Le"ssor.sliall,r'eceive'all pro`Geeds`ai�d`r&A gee" UM9 from such " '.op6tid ri or iii6tting of the'd6 iiised piemiges: `Lessor, -shall -apply �tl ese'prdceeds "first, td the payment of all costs and expenses incurred by! the �I;essbr in 'obtaining the possession of, and the operation or reletting of the premises, including reasonable attorneys' fees, commissions, and collections fees, and fuay alterations Or repairs reasonably necessary to 5 VOI. �P g. XX. Expense of Enforcement Should either parry incur any expense'in enforcing any covenants of this lease, each party shall bear its own costs unless otherwise ordered by a court of competent jurisdiction. XXI. Eminent Domain In the event any portion of the demised premises shall be taken for a public or quasi - public *use, this lease shall terminate as of the date of the actual -physical taking, of Lessee's option, and the parties shall then be released from any and all further liability under the lease. In the event Lessee chooses to continue the lease, the Lessor shall, with reasonable diligence, proceed at its own expense to-reconshuct or repairlhe- demised premises and place the same in a tenantable condition within 30 days after the date of the actual physical taking. Abatement of rent: During any reconstruction or -repairing as provided above, Lessee shall be required to pay only that proportion of the fixed minimum monthly rental reserved in the lease as the area of the demised premises remaining in a tenantable condition curing such reconstruction or repairing bears to the entire area leased by this agreement. Upon completion of such reconstruction or repairing, the fixed minimum monthly rental reserved in the lease shall be premises, -and thereafter• Lessee shall be required to pay such adjusted fixed minimum monthly rental in accordance with the provisions of this lease. There shall be no abatement; of any rental .due until -such time as there shall be an actual physical possession of the portion of the demised premises taken. Right to condemnation award: "Any award made in any condemnation proceeding for the taking -of any part or the whole of the demised premises shall be the sole property of and be paid to Lessor. XXII. Peaceful Enjoyment Lessor covenants and warrants' fl4 subject -to any trust deeds or -mortgages now of record or in the future place of record, it is the -owner -of the demised•pr*ses, and that Lessee; upon payment of rents provided for in the lease and performance of the conditions, covenants, promises, and agreements to be performed by it; shall and may peaceable possess and enjoy the demised premises during the lease term without any interruption or disturbance. Vol. ` ' pg. -/ 7 7 XXX. Notices All notices of demands of any kind which Lessor may be required or may desire to serve on Lessee under the terms. of this lease may be served upon Lessee by mailing a copy by registered or certified mail, postage prepaid, addressed to Lessee at the address stated herein or addresses as -may from time to time be designated by Lessee in writing•to Lessor. Service shall be deemed complete within three (3)' days after mailing of same. Any and all notices or demands from Lessee, to Lessor may be similarly served upon Lessor at the address stated herein, or at such other address as Lessor may in writing designate to Lessee. Lessor: Southwood West, A Texas General Partnership 14375 East Montgomery Rd. Scottsdale, Arizona 85262 mcdowell@txcyber.com Lessee: Brazos County Duane Peters, County Judge 200 S Texas Ave, Suite 332 Bryan, Texas 77803 dpeters@brazoscountytx.gov Dated this day of , 2016. ATTEST: LESSOR: SOUTHWOOD WEST A Texas General Partnership By: By: Karen McQueen (jIIV Jeffery L McDowell County Clerk Title: Partner LESSEE: BRAZOS COUNTY, TEXAS Duane Peters Vol. 9 E/*Sud OA ,tr•s:•.r,..�iie /i9DlueCf7feno�.; boa'" kid. ' '' p j►'`.. ' •*� ' .• .. } • ; � •fit � ��'�,• , 14 , N•, � '� ' 'P'; ' � �y' •Y 3�=A•j.�'■h�\riff. cc$6 J,jff=ff { t L TEXAS REALTORS COMMERCIAL LEASE AMENDMENT USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OFTHE TEXAS ASSOCIATION OF REALTORSO IS NOTAUTHORIZED. (McasAssoclation of REALTORS@ Inc.2010 i AMENDMENT TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE LEASED PREMISES AT 12845 FM 2154 Rd Ste 180, College Station TX 77845-,3982 Effective on June 15, 2022 , Landlord and Tenant amend the above -referenced lease as follows: ❑ A. Leased premises: The suite or unit number identified in Paragraph 2A(1) is: ❑ (1) changed to ! ❑ (2) contains approximately square feet. 0 B. e t: ❑ (1) The length of the term stated in Paragraph 3A is changed to months and days. ❑ (2) The Commencement Date stated ragraph 3A is changed to 21� � ❑X (3) The Expiration Date stated in ParagraphlWis changed t July 31 2023 ❑X C, Rent: The amount of the base monthly rent specified in Par " ph is changed to: $ _ 3,496.00 from 10/01/2022 to 07/31/2023 ; $ from to $ from to $ from to $ from to ❑ D. Security Deposit: The amount of the security deposit in Paragraph 5 is changed to ❑ E. Maintenance and Re airs: The following item(s) specified in. the identified subparagraph of Paragraph 15C will be maintained by the party designated below: Para. o ❑ F. Parking: -Descrintion Responsible Pafy N/A Landlord Tenant N/A Landlord Tenant N/A Landlord Tenant N/A Landlord Tenant ❑ (1) Common Parking: The number of vehicles identified in Paragraph A(1) of the Commercial Lease Parking Addendum is changed to vehicles. ❑ (2) Restricted Common Parking for Tenants; The number of -vehicles identified in Paragraph A(2) of the Commercial- Lease Parking Addendum is changed to vehicles. (TXR-2114) 1-26-10 Initialed for Identification by Landlord: Aef_�, , and Tenant: Page 1 of 2 Rkk Lemons, BrOmr, 301 Sophia Collop SPATION TS 77840 Rkhard Lsmom Phme 979 255d950 Fox128t5 Fl�i 2I54, Produced with LonelNollTransactions (71pFonn E(Mon) 231 Shearson Cr Cembfte, Ontario, Canada NIT 1JS wwwjwoftom Vol. Ate- pg. � 0 Amendment to Commercial Lease concerning 12846 FM 2164 Rd Ste 180, college station TX 77845 82 ❑ (3) Assigned Parking: Tenant's assigned parking areas identified in Paragraph A(3) of the Commercial Lease Parking Addendum is changed to ❑ (4) Parkina Rental: The amount of rent identified in Paragraph B of the Commercial Lease Parking Addendum is changed to $ ❑ G. Other: Paragraph(s) are changed to read (cite specific paragraphs and copy the applicable paragraphs verbatim, making any necessary changes): Landlord; By (signature): �/ Printed Name: , �— Title: 4, ry�rPr _ Date: 2''. By: Tenant: &-AZOS CO Ct jj i `( By: ` Pt - By (signature): PrintednnName: C- Title:y V u (3G Date: By: By (signature): Printed Name: 1 BY (signature): . Printed Name: Title: Date: Title: Date: (TXR-2114) 1-26-10 Vol. Pg_ Page 2 of 2 Produced with Lane Wblf hansadions (tipFonn Edition) 231 Shearson Cr. Cam6ndgo, n to, a N1T 1J5 www.twotf.com 12843 FM 214d , Brazos County Purchasing Department 200 SO=TEXAS AVE SUM 39 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 361-4293 June 15, 2020 Southwood West, A Texas General Partnership 14375 East Montgomery Rd Scottsdale, Arizona, 85262 Re: Renewal of Contract 421.903R Least for Precinct 1, Justice of the Peace Brazos County appreciates the office. space that your company has provided and would like to exercise the renewal option for Reneival of Contract # 21-003X Lease for Precinct 1, Justice of the Peace, previously known as Contract #20..003R,-19 010% 18-014R and 17 230. r All term4, conditions, and,prioing shall remaimthe sand". This renewal term will be for one year starting 4ctobe'r•1; 2020 throug�`Septenibei To accept the renewal option, please fill out the information and sign below. Retum the signed documents by email to arutledge@hrazoscou;gtx.gov- Please return acceptance as soon as possible. If you have any questions, I maybe reached at (979) 361-4260. Contact Name: Jeffrey L. MCDOWeg Telephone: 623.2610811 >.-1 sil: realtg mcdowetl@gmall com l+ax: WFSf Ott/ &W20 Authorized Signature Date B S. . Duane Peters, Couut�r Judge Date Vol. 33%02 Pg. 72 i 1 Renewal of Contract 21-003R for Lease for Precinct 1, Justice of the Peace. Pages 2,4,6,8 were not submitted with Lease document. Vol. Z/oa Pg. 73 LEASE Cl ..PRECINCT.1, JUSTICE OF THE PEACE This lease is made and executed in, duplbcat6 b6tweeiff '6OD- WEST, a Texas -.. . : SOVTEIW. ben6faf-Part6ieiih'i0`, 4101 Teitis'-A*eiLud,-swte'-B,'Bi'yan,"t&ns`71962; as" Less6r" -and BRAZOS COUNTY, TEXAS, apolitical subdivision -of the State of Texas, 200' S'., T6xas Ave., Suite 332, Bryan, Texas 77803, as "Lessee". Description of Premises Lessor leases to 'fossee"' a' -portion of "j'c6ridin single story buildifig, said portion to be rented shall be referred to in this lease as the. demised, promises, situated at 12845 FM, 2154, Suite 180, in the City of College Station,. Co'i4nty of Brazos, State of Texas, and is more I cf.' i - - , particularly described on Exhibit-' A' appur6l. lanpes,m 6366ti6n with the promises. The 4qipised premises, shall, have assigned to it eiglit (8) permanent reserved flay" .., . 1, *, " . — � . 1. : . . .. . rved spaces for Lessee. On days r -shall be '.assigned an additiohal- seventeen (17) gy, temporary p " . . .1 , . t6 orary 'spaces fof-tho lengfh -df trial- Sfich spaces `shall'be degij"d Mary signs on poles placed'At-the agsigikid`iempqrary -space permanent and temporary spaces is set forth on. Exhibit "B" attached hereto and made a part hereto for all purposes. The demised Prernises,shall,be at least 2330 sq. ft, in size. The building is to be handicap accessible in accordince•With ADA standards. term 'the''ilihfafidifti 4thfs'Wse:shall bo,fo'r"ap6;i(id'of-twelve *(12)-rin6nths commencing on October 1, 2016 and.terminitilig on September 30, 2017 (the "Initial Term!')- 'This lease may be renewed five (5) times after the expiration of the Initial Term for a one ('1) year term, each renewal term to be off-ecgiT October J_of the" year Of renewal. Each renewal term shall be ,number with renewal Option 4., commencing, -on -Ocjobdr=being numbered consecutively thereafter with renewal 0004 commencing on October 1, 2021 and termination or*niwriting-of its mtent,,to,rdnew,therlease go day !,o ,_e.,tho "M r6fieQ;terms shall be6n the tame terms an condition's oi.,o : ,, Ll S. Rental Lessee agrees to pay Lessor'a"s- a fixed; Wiiimum riiontlily ronW'f6j' the Mitial Term of this lease and all renewal terms, at such place as Lessor may from time to time designate, an amount equal to $0.98 per sq. fL of occupied space of $2,283.40. Said rent is payable in monthly Installments On the first day of each month for the term of the, lease. V0 1. pg. TX: Casualty Damage; Repair; Abatement of Rent a) Use of partiallv damaged premises: In the event of a partial damaging or destruction of the demised premises, Lessee shall continue to utilize ' the premises for the operation of its business to the extent that it may be practicable to do so from the standpoint of good business. b) Right to terminate on destruction of one-third of premises: Either party to the lease shall have the right to terminate this lease, if the building is -damaged to an extent exceeding one=third of the then reconstruction of such building as a whole; provided that, 'in such' an event, 'such termination of this lease shall be effected by written notice to that effect to the other ' party delivered within five (5)' days of the happening of such casualty causing the damage.. c) Reduction of rent during repairs: 'In the event Lessee continues to conduct Lessee's business during repairs, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the premises bears'to the whole premises. No rental. shall be _payable while the building is wholly unoccupied pending repair of casualty damage.. X. Repairs Generally a) By Lessoz:. The Lessor shall, at its own costs and expense, repair any damage to the demised premises occasioned by termites, dry rot, mold or fungus, and maintain the roof and exterior walls, air-conditioning equipment of the demised premises in good repair at all -times, and will fiurther keep and maintain all underground plumbing in good order and repair, but'not including the'repair of plumbing stopped up by reason of foreign matter introduced into the plumbing fixtures. - •Lessor shall have no obligation to make any af. the repairs required in the Section unless and until there has been served upon'Lessor'by the Lessee at. least three (3) days' notice in writing, advising 'the Lessor of the necessity of the repair or repairs. The phrase "exterior walls" as used herd shall not be, so construed as to require -the Lessor to -make repairs to the interior surfaces of the walls. b) By Lessee: Lessee shall, at its own cost and expense, keep and maintain all of the demised 'premises, including but not, limited to exterior -entry and exit doors, ornamental ' facing, place glass, in or on the demised premises, in good order, 'condition, and repair, -an,in compliance with -all applicable: laws and regulations, during the entire- term bf-this lease, except for those repairs required of the Lessor to be, made and damage- occasioned by fire, earthquake, or other cause or causes as provided for in Section IX -of this lease. 3 Vol. - pg. 2 �� XIH. Transfer or Pledge of Leasehold Interest -Lessee shall not , assign this lease or any interest in the Iease, 'or sublet the demised premises or any part,'without first obtaining Lessor's written consent. XI:V. Surrender of Premises Lessee shall, at the termination of thin lease, vacate the demised- premises in as good condition as they are ,in at the time of entry on the premises by Lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish and debris. XV. Subordination Agreemeht- Lessee is given the right to make payment of any defaulfs 'under any- and all trust deeds or liens of record on the demised 'premises, and ' to receive reimbursement for such -payment by deducting and crediting from and against rentals becoming due under this lease. ' XVI. Lessor's Right of Inspection and Repairs Lessor shall have access to the demised premises and each and every part during Lessee's regular business hours for the purpose of inspecting the* same and making repairs to the demised premises: Lessor shall give Lessee three' (3) dayswritten notice -of its intent to make repairs to the demised premises except in the event of an emergency. XVII. Default by Lessee a) Lessor's riett to repossess, operate or relet: If the rental reserved by this lease or other charges to be paid under the lease by Lessee, or any part, are not paid when due and remain unpaid for a period of 15 days after notice in writing, or if Lessee fails to 'promptly perform any other covenant; condition, or agreement by it .to be performed under the lease and lessee has not commenced a cure for such failure, or if Lessee abandons the demised premises, or if Lessee breaches any obligation under this lease to be performed by it which cannot be cured, then, and in any such event, Lessee shall be deemed to be in default and Lessor, upon 30 days written notice may at its option take possession of the demised premises. By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or in part, for the account of the Lessee at such rental and on such agreement and conditions, and to such tenant or tenants as the Lessor in good faith may deem proper, 'for a term not' exceeding the unexpired perinti of the ctirren't least term. Lessor 5 Vol. Pg.--7 4 damages from the Lessor. Should the default be a default as described in Article XVIIIa., consequential damages shall be limited to expense incurred by Lessee if it cannot continue at its present location on a month to month lease. If required by its present landlord to sign a year's lease, Lessor herein will'permit Lessee to move into the demised premises when completed and shall pay Lessee's monthly rent at its current location. XX. Expense of Enforcement Should either party incur any expense in enforcing any covenants of this lease, each party shall bear its own costs unless otherwise ordered by a court of competent jurisdiction. XXi. Eminent Domain In the event any portion of the demised premises shall be taken for a public or quasi - public use; this lease shall terminate as of the date of the actual physical taking, at Lessee's option, and the parties shall then be released from any and all further liability under the lease. In the event Lessee chooses to continue the lease, the Lessor shall, with reasonable diligence, proceed at its own expense to reconstruct or repair the demised premises and place the same in a tenantable condition within 30 days after the date of the actual physical taking. Abatement of rent: During any reconstruction or repairing as provided above, Lessee shall be required to pay only that proportion of the fixed minimum monthly rental reserved in the lease as the area of the demised premises remaining in. a tenantable condition during such reconstruction or repairing bears to the entire area leased by this agreement. Upon completion of such reconstruction• or repairing, the. fixed minimum monthly -rental reserved in the lease shall be premises, -and thereafter Lessee shall be required to pay such adjusted fixed minimum monthly rental in accordance with the provisions of this lease. There shall be no abatement of any rental due until such time as there shall be an actual physical possession of the portion of the demised premises taken. Right to condemnation award: Any award made in any condemnation proceeding for the taking of any part or the whole of the demised premises shall ber the sole property of and be paid to Lessor. XXII. Peaceful Enjoyment Lessor covenants and warrants- that, subject to any trust deeds or mortgages now of record or in the future place of record, it is the owner of the demised premises, and that Lessee, upon payment of rents provided for in the lease and performance of the conditions, covenants, promises, and agreements to be performed by it, shall and may peaceable possess and enjoy the demised premises during the lease term without any interruption or disturbance. 7 Vol. Z&A Pg. 77 MOL Notices All notices of demands of any kind which Lessor may be required or may desire to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a copy by registered or certified mail, postage prepaid, addressed to Lessee at the address stated herein or addresses as may from time to time be designated by Lessee in writing to Lessor. Service shall be deemed complete within three(3) days after mailing of same. Any and all notices or demands from Lessee to Lessor may be similarly served upon Lessor at the address stated herein, or at such other address as Lessor may in writing designate to Lessee. Lessor. Southwood West, A Texas General Partnership 14375 East Montgomery Rd Scottsdale, Arizona 85262 mcdowell@txcyber.com Lessee: Brazos County Duane Peters, County Judge 200 S Texas Ave, Suite 332 Bryan, Texas 77803 dpeters@brazoscountytx.gov Dated this day of , 2016. ATTEST: Karen McQueen County Clerk LESSOR: SOUTHWOOD WEST A Texas General Partnership By. —v y e 4L McDowell Partner LESSEE: BRAZOS COUNTY, TEXAS By: Duane Peters County Judge VOL �tCoZ— Pg. 7 g 9 EXMrr "B" al 14' PTM I Vol. —Alt- Pg. -71 POP J3qf)4 ,s =` Order Form Order ID: Q-03314504 THOMSOv REUTERS- a Contact your representative zach.mitchell thomsonretiters.corn with any questions. Thank you. Stibscribernformation Sold To Account Address Shipping Address Billing Address Account #: 1003628084 Account #: 1003628084 Account #: 1003628084 BRAZOS COUNTY' DISTRICT BRAZOS COUNTY DISTRICT BRAZOS COUNTY DISTRICT ATTORNEY ATTORNEY ATTORNEY CLEAR CLEAR CLEAR 300 E 26TH ST STE 310 300E 26TH ST STE 310 300E 26TH ST STE 310 BRYAN, TX 77803-5361 US BRYAN TX 77803-5361 US BRYAN TX 77803-5361 US "Customer" This Order Form is a legal document between Customer ann A. West Publishing Corporation to the extent that products or services will be provided by West Publishing Corporation, and/or B. Thomson Reuters Enterprise Centre GmbH to the extent that products or services will be provided by Thomson Reuters Enterprise Centre Gmb1L A detailed list of products and services that are provided by Thomson Reuters Enterprise Centre GmbH and current applicable IRS Certification forms are available at: https://vnuw.tr.com/trorderinainfo West Publishing Corporation may also act as an agent on behalf of Thomson Reuters Enterprise Centre GmbH solely with respect to billing and collecting payment from Customer. Thomson Reuters Enterprise Centre GmbH and West Publishing Corporation will be referred to as "Thomson Reuters", "we" or "our," in each case with respect to the products and services it is providing, and Customer will be referred to as "you", or "your" or "Client". Thomson Reuters General Terms and Conditions apply to all products ordered, except print and is located at httv://tr.com/TemisatidConditions In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form, the terms of this Order Form control. This Order Form is subject to our approval. Thomson Reuters General Terms and Conditions for Federal Subscribers is located at htttis /istatie lea�lsolutions thomsonreuters conylst.ttic/Feder.il-ThomsonReuters-General-Terms-Conditions.pdf In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form, the terms of this Order Form control. This Order Form is subject to our approval. •-ProFiex Products Affaciiriment Minimum Terms Material # Product Monthly Charges (Months) 41309780 CLEAR Proflex $602.45 36 'Minimum Tcrm_s — - , . - _ y Yoursubscriptionis effective upon the date we process your order ("Effective Date') and Monthly Charges will be prorated for the number of days remaining in that month, if any. Your subscription will continue for the number of months listed in the Minimum Term column above counting from the fast day of the month following the Effective Date. Your Monthly Charges during the first twelve (12) months of the Minimum Term areas set forth above. If your Minimum Term is longer than 12 months, then your Monthly Charges for each year of the Minimum Tenn are displayed in the Attachment to the Order Form. rF--� "'• '�' :°.}' x �'2 i ; e, t_„-tt' P • i •i,Post Mia�mum TermS;. �'i,���,`ati,... - t .. ..k.r.g l .G'iy....;.' 5 iz `�"• '" `- ram:.- ` _.._;s7 ' ._.._.._t._= : �.� :`..—:f At the end of the Minimum Term, we notify you of any change in Monthly Charges at least 60 days before each 12-month term starts. Either of n111 n us may cancel the Post -Minimum Term subscription by sending at least 30 days written notice. Federal Government Subscribers Optional Minimum Term. Federal government subscribers that chose a multi -year Minimum Term, those additional months will be implemented at your option pursuant to federal law. NWT `Miscellaneous Applicable Law. If you are a state or local governmental entity, your state's law will apply and any claim may be brought in the state or federal courts located in your state. If you are a non-govemmental entity, this Order Form will be interpreted under Minnesota state law and any claim by one of us may be brought in the state or federal courts in Minnesota. If you are a United States Federal Government subscriber, United States federal law will apply and any claim may be brought in any federal court Page 1 of 4 Vol. _56,01L, Pg. �v Charges, Payments & Taxes. You agree to pay all charges in full within 30 days of the date of invoice. You are responsible for any applicable sales, use, value added tax (VAT), etc. unless you are tax exempt. If you are a non -government subscriber and fail to pay your invoiced charges, you are responsible for collection costs including attorneys' fees. eBilling Contact. All invoices for this account will be emailed to your e-Billing Contact(s) unless you have notified us that you would like to be exempt from e-Billing. Credit Verification. If you are applying for credit as an individual, we may request a consumer credit report to determine your creditworthiness. If we obtain a consumer credit report, you may request the name, address and telephone number of the agency that supplied the credit report. If you are applying for credit on behalf of a business, we may request a current business financial statement from you to consider your request. Cancellation Notification Address. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P.O. Box 64833, Eagan MN 55123-1803 Regulated Data. Due to the regulated or private nature of some data in our information products such as credit header data, motor vehicle data, driver license data and voter registration data, you may need to complete a credentialing process which will include certifying what your legally permissible use of the data will be. You agree to immediately notify us if any of the information you provided in your ordering document or during the credentialing process changes. You agree to and warrant that you are the end user of this data and that you will only use it for your own internal business purposes. You also warrant that you will strictly limit the access, use and distribution of this data to user permitted under applicable laws, rules and regulations and as permitted by the third party additional terms. You will keep the data confidential. You will use industry standard administrative, physical and technical safeguards to protect the data. You will not disclose it to anyone except as necessary to carry out your permissible use. You will immediately report any misuse, abuse or compromise of the data. You agree to cooperate with any resulting inquiry. If we reasonably believe that the data has been misused, abused or compromised, we may block access without additional notice. You are responsible for all damages caused by misuse, abuse or compromise of the data by you, your employees and any person or entity with whom you shared the data. We will be responsible for damages cause by us. We are not a consumer reporting agency. You may use information product data to support your own processes and decisions but you may not deny any service or access to a service to a consumer based solely upon the information product data. Examples of types of service include eligibility for credit or insurance, employment decisions and any other purpose described in the Fair Credit Reporting Act (15 U.S.C.A. 1681b). If the Financial Industry Regulatory Authority regulations apply to you, you may use our information products to verify the accuracy.and completeness of information submitted to you by each applicant for registration on Form U4 or Form U5 in compliance with the requirements of FINRA Rule 3110. You may use the information products in this manner only in furtherance of written policies and procedures that are designed to achieve your compliance with FINRA Rule 3110 or as otherwise allowed by the General Terms and Conditions. Excluded Charges And Schedule A Rates. If you access products or services that are not included in your subscription you will be charged our then -current rate ("Excluded Charges"). Excluded Charges will be invoiced and due with your next payment. For your reference, the current Excluded Charges schedules are located hM):Hstatic lezalsolutions tliomsonreuters com/static/agreement/schedule-a-cle.ir.ndf and Excluded Charges change from time -to -time upon 30 days written or online notice. We may, at our option, make certain products and services Excluded Charges if we are contractually bound or otherwise required to do so by a third parry provider or if products or services are enhanced or if new products or services are released after the effective date of this ordering document. Modification of Excluded Charges or Schedule A rates is not a basis for termination under paragraph 10 of the General Terms and Conditions. CLEAR Fixed Rate Usage :If the transactional value of your CLEAR fixed rate usage exceeds your then -current Monthly Charges by more than 10 times in any month (or by 20 times in any month for Enterprise Law Enforcement subscribers), we may limit access to live gateways and request that the parties enter into good faith renegotiation or terminate upon 10 days written notice. Transactional value of your CLEAR usage is calculated based upon our then -current Schedule A rate. Schedule A rates may change upon at least 30 days written or online notice. Batch Usage :If you have a fixed rate batch and/or batch alerts subscription and the total of your batch inputs or batch alerts exceeds your annual fixed rate batch or total batch alerts allotment, we may: 1) request the parties enter into good faith negotiations regarding a superseding agreement, 2) terminate your subscription upon 10 days written notice or 3) limit your access to your fixed rate batch subscription for the remainder of the then - current 12 month period, during which time you will continue to be billed your Monthly Charges. If your access to your fixed rate batch subscription has been limited, your access will be reinstated on the first day of the following 12 month period. If the trial includes Batch Services, you may submit up to 1,000 input lines at no cost. We reserve the right to invoice you for input lines in excess of 1,000. You will pay our then current Schedule A rate. Schedule A rates are located at littp://Ieealsolutions.com/seliedule-a-clear. Existing Vigilant Subscribers: We may terminate your License Plate Recognition (LPR) subscription if you are an existing Vigilant LEARN subscriber whose LPR pricing is based upon your existing Vigilant LEARN agreement, and you cancel your Vigilant LEARN agreement. Enterprise Law Enforcement Subscribers: You certify that you have up to the number of Sworn Officers in your employ at this location identified in the QTY Column above: Our pricing for banded products is made in reliance upon your certification. If we learn that the actual number is greater, we reserve the right to increase your charges as applicable. CLEAR Subscribers via an Alliance Partner. In limited circumstances we may allow you to access CLEAR through a third party's ("Service Provider") software or service (together with CLEAR, the "Integrated System"). In the event that you enter into a license agreement to access an Integrated System, you agree as follows: We have no obligation to Service Provider with regard to the functionality or non -functionality of CLEAR during or after the integration. Service Provider will have access to CLEAR on your behalf and you will ensure Service Provider's compliance with the terms and conditions of the Thomson Reuters General Terms and Conditions located in the General Terms and Conditions paragraph above. Except as otherwise provided in your agreement with us, Data may not (i) be distributed or transferred in whole or in part via the Integrated System or otherwise to any third party, (ii) be stored in bulk or in a searchable database, and (iii) not be used in any way to replace or to substitute for CLEAR or as a component of any material offered for sale, license or distribution to third parties. No party will use any means to discern the source code of our products and product Page 2 of 4 data. You are responsible for Service Provider's access to CLEAR on your behalf. You are responsible for all damages caused by misuse, abuse or compromise of the data by Service Provider, you, your employees and any person or entity with which you shared the data. We will be responsible for damages caused by us. -M�• ,:: For Late E_nforcemcnt Aecncie�an_ d Correct,orial Facilities `Only 1Vo I'nmate Westlaw or CLEAR Access fdrrect or mdirectl_�µ�" ,• ; I certify, on behalf of Subscriber, that I understand and accept the security limits of Westlaw or CLEAR , Subscriber's responsibility for controlling Westlaw, CLEAR, internet and network access; and, how Subscriber will be using Westlaw or CLEAR. I acknowledge Subscriber's responsibility for providing West with prompt written notice if Subscriber's type of use changes. Only non-inmates/administrative staff will access Westlaw or CLEAR with no direct Westlaw research results provided to inmates (including work product created as part of inmates' legal representation). In no event shall anyone other than Subscriber's approved employees be provided access to or control of any terminal with access to Westlaw or Westlaw Data. Functionality of Westlaw or CLEAR cannot and does not limit access to non -West internet sites. It is Subscriber's responsibility to control access to the internet. Subscriber will provide its own firewall, proxy servers or other security technologies as well as desktop security to limit access to the Westlaw or CLEAR URL and West software (including CD-ROM orders). Subscriber will design, configure and implement its own security configuration. Subscriber will not use any data nor distribute any data to a third party for use, in a manner contrary to or in violation of any applicable federal, state, or local law, rule or regulation or in any manner inconsistent with the General Terms and Conditions. Subscriber will maintain the most current version of the West software to access CD-ROM Products for security purposes. Amended Terms and Conditions=� __ W__`� _- _ _ — — • .-• Government Non Availability of Funds for Online Practice Solutions or Software Products ,You may cancel a product or service with at least 30 days written notice if you do not receive sufficient appropriation of funds. Your notice must include an official document, (e.g., executive order, an officially printed budget or other official government communication) certifying the non - availability of funds. You will be invoiced for all charges incurred up to the effective date of the cancellation. iSgnature_for Oder ID: ACKNOWLEDGEMENT 0-03314504 I have read all pages and attachments to this Order Form and I accept the terms on behalf of Subscriber. I warrant that I am authorized to sign this Order Form on behalf of the Subscriber. % , '^ Y� Signature of Authorized Representative for order Title L—U acea 9- Printed Name Date This Order Form will expire and will not be accepted after 7/23/2022 CT. Page 3 of 4 Attachment Order ID: Q-03314504 .:.� THOMSON REUTERS- r;. .. Contact your representative zach mitchellna thomsonreuters.com with any questions. Thank you. Order ID: Q-03314504 ___Payment;.Sh_ipping'j ContactInformatio_n'� Payment Method :�y Order Confirmation Contact (#28) Payment Method: Bill to Account Contact Name:BATTLES, KAITLYN Account Number. 1003628084 Email:kbattles@brazoscountytx.gov '; :. :..:,•' : ` _. '?.:' EroFlexMulti leoeafion Details' - Account Number Account Name I Account Address Action 300 E 26TH ST STE 310 1003628084 BRAZOS COUNTY BRYAN New DISTRICT ATTORNEY TX 77803-5361 US ;. ProFlex Product Details Quantity Unit Service Material # Description I Each 41308780 CLEAR Proflex 5 Seats 42091861 CLEAR PRO Gov Law Enforcement Investigator Pius 1 Seats 41913616 CLEAR Criminal Justice Arrest Gateway PRO Add Seat 25 Alerts 41343547 CLEAR Alertinj Pro Addon Acconnt'Gontacts J Contact Name Email Address Customer Type Description Kaitlyn Battles kbattles@brazoscountytx.gov CLEAR PRIMARY CONT Kaitlyn Battles kbattles@brazoseountytx.gov EML PSWD CONTACT �. 1P Add resshnforma6on ' `• ta.,,", From IP Address To IP Address From IP Address To IP Address From IP Address To IP Address If1.1.1.1 II1.1.1.1 Sub Material Quantity Active Subscription to be Lapsed 41308780 1 1 CLEAR Proflex y Monthly % incr Monthly % incr Monthly % incr Monthly % incr Monthly Material Product Name Year 1 Yr 1 2* Year 2 Yr 2-3* Year 3 Yr 3 4* Year 4 Yr 4-5* Year 5 Charges # Ch es Charaes Charges Charges 41308780 CLEAR LEA $602.44 5.00 $632.57 5.00 $66420 N/A $N/A N/A $N/A-77-77777-1 Proflex `• ¢�.;-s.,�.; �� '.._�...t..L��::-_�_��'..:...:�i��"•_v �a�__._..__ ��.:z__�•__ Pricing is displayed only for the years included in the Minimum Term. Years without pricing in above grid are not included in the Minimum Term. Refer to your Order Form for the Post Minimum Term pricing. Vol. SW pg. 83 Page 4 of RFP CIP # 22-636 JP/Constable Precinct 1 Building Max Points MYCON General r Available G st Contractors, Inc* 1 Bid Item no.1 Base Bid - Complete Construction $ 1,950,000.00 Alternate No. 1- Metal Roof System $ 60,000.00 Alternate No. 2 - Stone Veneer $ 30,000.00 Alternate No. 3 - Monument Sign $ $ 39,000.00 Total Price with Alternates - Complete Construction $ $ $ 2,079,000.00 Points for Cost 40 35 2 Completion Time 0 240 Points for Time 15 15 11 3 From Award to Start Date (Days) 10 3 Past performance on similar projects of size and scope 10 - 8 4 Overall experience of Project Manager & Superintendent 20 1 18 5 Resource availability 15 14 Technical Proposal Total 100 93 86 * Best and Final Offers were Received Committee Recommended Award: Marek Brothers Construction Inc A rov d by Co issioner's Co on this a 1 S ► day of v �t5. 2022 by olding the position of Ux'L J u (D& F— • Lv DocuSlgn Envelope ID: 8743AD5F-0B6E-408F-l3F14-4561011FD20D AGREEMENT FOR THE CONSTRUCTION OF • JP/CONSTABLE PRECINCT 1 BUILDING RF P # C I P 22-636 BRAZOS COUNT(, TEXAS Vol.— Pga s Agreement for Construction— RFP ClP 22.636 Page 1 DocuSign Envelope ID: 8743AD5F-0B5E-409F-BF1 4-4561 C1 I FD20D 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 E. -- -! f Pg. Agreement for Construction — RFP CIP 22-636 Page 2 DocuSign Envelope ID: 8743AD5F-068E-409F-BF14.4561011FD20D This Agreement for the construction of the CONSTRUCTION OF BRAZOS COUNTY JPICONSTABLE PRECINCT 1 BUILDING, Brazos County; Texas, in the amount of. ONE MILLION EIGHT HUNREDE AND EIGHTY THOUSAND DOLLARS ($1.808,000.00) to include the Alternate Bid Item numbwone through three, is entered into this'21 day of June, 2022 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and MAREK BROTHERS CONSTRUCTION, (hereinafter referred to as "Contractor"). The CONSTRUCTION OF THE BRAZOS COUNTY JPICONSTABLE PRECINCT 1 BUILDING is hereinafter referred to as the "Project." The Architect for the Project is the firm of PATTERSON ARCHITECTS and is hereinafter referred to as "Architect." 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 22-636 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 Architect. 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 Architect or Architect'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 Architect shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by Agmment for Constmcdon — RFP CIP 22-636 Page 3 V61. (�o� Pg. 97 DocuSign Envelope ID: 8743AD5F-OB6E-409F-BF14-4561C11FD20D the Contract, whether completed or partially 'completed, and includes all other labor, materials, equipment and' services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although -not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is CONSTRUCTION OF THE BRAZOS COUNTY JP/CONSTABLE PRECINCT 1- BUILDING 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 CONSTRUCTION OF THE BRAZOS COUNTY JP/CONSTABLE PRECINCT 1 BUILDING. 1.1.6 THE DRAWINGS: The Drawings .are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms. Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly, implies a different interpretation. ' .3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that -reference to the Contract Drawings is made, unless their ,use in a sentence clearly implies a different interpretation. Pe 4 Agreement for Construction — RFP CIP 22-636 - - - -- -- — — --� — -- - ag DocuSign Envelope ID: 8743AD5F-OB6E-409F-BF14-4561C11FD20D .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. .6 Day: A calendar day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Architect 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 Architect, unless otherwise stated, and shall be limited in authority and responsibility- as defined under this Agreement and the contract between the Architect and Owner. .8 Date of Final Completion: The date when Architect and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not —In —Contract ( N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. - .12 General Contractor: Same as Contractor. .13 Material- Man; Material Supplier: Anyone that supplies material only and does not perform any, labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15 late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .'16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. Agreement for Construction — RFP CIP 22-636 Page 5 Vol. �� pg. �� DocuSign Envelope ID: 8743AD5ROB6E-40OF BF144561C11FD20D .17 Addendum: A change to - the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. .18 Agreement/Contract, Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19 Critical Path: The projects, tasks that will cause the project end date to be delayed if they are delayed. The word "critical' does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: 'install' and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install,"- "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Architect 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 Architect shall mean; Type of evaluation that a reasonably prudent Architect, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .26 See: In the interest of conciseness, references to specification sections Agreement for Construction — RFP CIP 22-636 Page 6 Vol. 30- pg. 9iq Docuftn Envelope ID: 8743AD6F OB6E409F-BF14-456iC1IFD20D and details are preceded by the word °see ° Any such references are to be interpreted to include applicable form of phrase "....and comply with." 1.2 CORRELATION -AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by -the . Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with.the Contract Documents and reasonably inferable from -them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated -in. the Contract Documents, words which have well— known technical or construction industry meanings are used in'the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.6 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority -listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications orwithin either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Architect. 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. Aubement for Constriction— "P CIP 22-636 r_ _ Page 7 Vol. pg.- q/ / DocuSlgn Envelope ID: 8743AD517-0138E409F-BF14.4561C11FD20D 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (1) specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Architects: 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit,modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.6 • EXECUTION OF CONTRACT DOCUMENTS 1.6.1 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 ail easements before beginning the project. 1.6 OWNERSHIP AND USE OPARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and/or Architect's consultants are Instruments of the Architect'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 Architect or the Architect's consultants, and unless otherwise indicated the Architect or the Architect'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 —Architect Agreement. The Drawings, Specifications and other documents prepared by the Architect, 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, Architect and/or Architect'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 Architect and/or Architect'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 Architect and/or the Architect'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 Architect's copyright or other reserved rights. Agreement for Construction - RFP CIP 22-636 — Page 8 Vol. �d� _ Pg. DocuSign Envelope ID: 8743AD5F-0B6E-4o9F.BF14.4569C19FD20D 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 ' Architect 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, Architect or Architect's Consultants will furnish electronic data in software format in use by Architect at the time Architect'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 Architect, Architect'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 Architect, Architect'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 Architect or Architect's consultants from the system and format used by the Architect or Architect's consultants -to an alternative or upgraded system or format, whether performed by Architect, Architect'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 Architect and/or Architect's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Architect, Architect's consultants and Owner harmless and to waive any and all claims, liabilities, tosses, damages and costs . arising out of, or in any way connected with, the conversion of electronic data supplied by the Architect or Architect'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 Architect and Architect's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Architect, Architect's consultants and Owner from and against, any claim or -liabilities arising out of such use. Agreement for Construction — RFP CIP 22-636 Vol. Zi �-- Page 9 DocuSign Envelope ID: 8743AD5F-086E409F-BF14-4561C11FD20D ART_ . OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is one of Brazos County's Capital Project Managers, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall' include a correct statement of the record legal title to the. property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time'of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish" surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the'accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including •those required under Paragraph 3.7, which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable -for plotting or,printing.. Contractor may use for limited purpose of making prints thereof required for use in performance, of Work, in accordance with Paragraph 14. ( 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 Const ucdon — RFP CIP 22-636' �% Page 10 FV0�. �� " DocuSign Envelope iD: 8743AD5F0136E-409F-BF14-4561611FD20D 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 Architect's additional services and expenses made necessary by such default, neglect orfailure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Architect. 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 Architect'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. ART_ CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is Agreement for Construction — RFP CIP 22-636 Page it Vol. —34- P . g�s DocuSign Envelope ID: 8743AD6F-086E 409F-BF14.4661C11FD20D referred to throughout the Contract Documents as if singular in number. The term . "Contractor" means the,Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the - Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a properly prepared, timely Request For Information (RFI) in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Architect any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Architect may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Architect 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 Architect for damages resulting from errors, inconsistencies or omissions in the Contract, Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. Agreement for Construction — RFP C!P 22-636 Page 12 Vol. 30- P . -1� DoouSign Envelope ID: 8743AD5F OB6E-409F-BF14.4561C11FD20D 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 Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. • 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 Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.6 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP Section 8(f). 3.3.7 Layout/arades will be per plans. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for Agmement for Construction — RFP CIP 22-636 Page 13 Vol. 3 b,�L- pg. q 7 DocuSign Envelope ID: 6743AD5F•0BGE-409F-BF14-4561C11FD20D 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 Architect 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 Architect that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and, that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and 'defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by -the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a letter of Notice to Architect and properly accepted and authorized by Architect, 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 Architect whether or not such submittal has been reviewed or stamped by Architect. Notice must be specific and transmitted in letter form. If required by Owner or Architect, 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 Architect, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper. or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. - Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub —let. In the event any portion of the Workisperformed by an assignee or subcontractor, Contractor' shall obtain from such assignee and/orsubcontractor 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. Agreement for Construction — RFP CIP 22-636 Page 14 DocuSign Envelope ID: 8743ADSF-OB6E-409F-BF14-4561C11FO200 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, Contractoes 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.fro.m 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 Architect, 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 fists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed- to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales- consumer, use and similar taxes for the Work �or portions thereof provided by the Contractor which. may not be within Owner's exemption that are legally enacted.when Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor requires all:Subcontractors, Sub -subcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner Agreement for Construction — RFP CIP 22-636 Page 15 i DocuSign Envelope ID: 8743AD5F-086E-409F-BF14-4561C1IFD20D 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 sewerconnections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits. and -governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received, or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect 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 entitiesas the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead,' profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall *be adjusted accordingly by Change Order. The amount of the Agreement for Construction — RFP CIP 22-636 Page 16 Vol. pg. /oo DocuSign Envelope ID: 8743AD5F-OB6E-409F-BF14-4561C11FD20D Change Order shall reflect: (1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $100,000.00 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section 8(f). 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner 'and Architect the name and qualifications of a proposed superintendent. The Owner or Architect may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Architect has reasonable objection to the proposed superintendent, or (2) that the Owner or Architect requires additional time to review. Failure of the Owner or Architect 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 Architect has made reasonable and timely objection. The Contractor shall not change the -superintendent without the Owner's consent, which shall not unreasonably be withhold 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 Architect'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 Architect,' 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 Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time, as defined by the Architect to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum. or extension of Contract Time based on the time required for review of submittals. Agreement for Construction — RFP CIP 22-636 Page 17 DocuSign Envelope ID: 8743AD5F-OB6E-409F-BF14.4561C11FD20D 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.10.4 Owner shall not be bound by any early completion deadline. submitted in any schedule. 3.10.6 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available. to the Architect and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are. drawings, diagrams, schedules and other data specially prepared . for the Work by the Contractor or a Subcontractor, Sub —subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals .are not Contract Documents: The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect 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 Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect; 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 Architect without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub -contractor represent to the Owner and Architect 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 Agreement for Construction — RFP CIP 22-636 Page 18 61. � pg. 119al- DocuSign Envelope ID: 8743AD5F-OB6E-409F-BF14-4561C11FD20D measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring. submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Architect 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 Architect on previous submissions, if any. 3.12.8The 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 Architect's approval of Shop Drawings, .Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect 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 Architect'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 Architect on previous submittals. In absence of such written notice the Architect's approval of a re -submission shall not apply to such revisions. 3.12.10 The Contractors ' hall not be required to provide professional services which. constitute the practice of Arctect or Architecting 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 Architect 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 Architect. The Owner and the Architect 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 Architect have specified to the Contractor appropriate performance and design criteria that such services_ must.satisfy. Pursuant to this Subparagraph 3,12.10, the Architect will review, approve or take other appropriate Agreement for Construction —RFP CIP 22-636 Page 19 Vol. -b-, 5; 4 P . Zoe DocuSign Envelope ID: 8743AD5F 086E 409F-BF14.4561C11FD20D action on submittals only for the limited purpose of checking for conformance with information given and the design concept _expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy:and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities. of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, ".fitting -or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or' fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.16.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall .'remove from -and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.16.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice. from Owner of such failure, the Owner may do.so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TOWORK 3.16.1 The Contractor shall. provide governmental authorities who lawfully request access to the work, the Owner and Architect proper facilities and equipment for access to the Work in preparation and progress wherever located. Agreement for Construction — RPP CIP 22-636 © Page 20 DocuSign Envelope ID: 8743AD5F-OB6E-409F-BF14-4561C11FD20D 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 Architect 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 Architect. 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, ARCHITECT, ARCHITECT'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES') FROM -AND AGAINST ANY AND ALL' CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS,' AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, 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 ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB -CONTRACTORS, SUB -SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN. PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES, (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES 1N CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN. SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST Agreement for Construction — RFP CIP 22-636 V0I. C:5�� P . /0s Page 21 DocuSign Envelope ID: 8743AD5F-0BGE408F-BF14-4561C11FD20D 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 Architect, the Architect'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 Architect, the Architect'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 Architect, the Architect'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 Architect, 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 Architect 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 Architect for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Architect. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Architect. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Architect, 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. 3.19.6 Contractor shall provide acceptable access facilities to the Work for the Owner, Architect, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break —down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. Agmcmcnt for Construction — RFP CIP 22-636 Page 22 I. g . -- DocuSign Envelope ID: 8743AD5F-0B6E-409F-BF14-4561 C1 1 FD20D 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Architect. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Architect and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (at a maximum, in calendar days) Day 0: Contractor's receipt of Notice to Proceed is delivered to Contractor after Architect provides response to Schedule of Values, Insurance, Payment and Performance Bonds, Lists of Subcontractors and Construction Schedule to Contractor and the Contractor receives building permit from the City of Bryan. Day 180: Contractor attains Substantial Completion Day 210: Contractor attains Final Completion 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice Architecting, or an entity lawfully practicing. Architecting identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative or such, representative as the Architect may designate, who may be employed by the Architect as a consultant. 4.1.1.1 Each of these terms; "Architect," "Architect," "Architect/Architect," "A/E," or "Architect/Architect" shall mean Architect, 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 Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint a new Architect whose status under the Contract Documents shall be that of the former Architect.' 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect, 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 Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Architect and Owner. Agreement for Construction — RPP C[P 22-636 pg. /0 7 Page 23 Docuftd Envelope ID: 8743AD5F-086E-409F BF14-4561C11FD20D 4.2.2 The Architect, 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 Architect, and as Architect deems necessary: (1) to become generally familiar with and to keep the Owner inform_ ed 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 Architect will not be required to make exhaustive or continuous on -site evaluations or inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques; sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the. Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Architect for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Architect 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 Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the ContractDocuments or failure to complete Work on schedule. The Architect 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 Architect. Communications by and with the consultants shall be through the Architect, unless otherwise approved by the Architect. 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 Architect's presence at the Project -Site shall. not imply concurrence or approval of the work. Contractor shall call, specific items to the Architect's attention in writing if he wishes to obtain Architect's opinion. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect has authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or -advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect 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 Agreement for Construction — RFP CEP 22-636 Page 24 Vol. - pg. log DocuSlgn Envelope ID: 8743AD5F-OB6E-409F BF14-4661C11FD20D the Architect 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 Architect's services and expenses. 4.2.7 The Architect 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 Architect is limited to only those submittals required by the Contract Documents. The Architect'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 Architect's professional judgment to permit adequate review by the Architect, Architect'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 Architect'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 Architect's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Architect, of any construction means, methods, techniques, sequences or procedures. The Architect'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 Architect 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 Architect may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect 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 Architect agree, Architect will provide one or more project representatives to assist in carrying out the Architect'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 Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until twenty (21) days Agrcement for Construction—RPP CIP 22-636 Page 25 V090 19 DocuSign Envelope ID: 8743AD5F-OB6E-409F-BF14-4581C11FD20D after written request is received. 4.2.12 Interpretations and decisions of the Architect 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 Architects 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 Architect, 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 Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A decision by the Architect 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 Limiits.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 Architect and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in'a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless Agreement for Construction —RFP CIP 22-636 Page 26 Vol. Ac)— pg. //0 DocuSign Envelope ID: 8743AD5F OB6E--409F-BF14-4661C11FD20D 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 Architect'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 Architect 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 Architect 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 Architect 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 Architect 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 Architect; (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 Architect; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim- for an increase in the Contract Time, written notice as -provided herein shall be given.' The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. in the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the Agmement for Construction— RFP CIP 22-636 I Page 27 DocuSign Envelope ID: 8743AD5F 0B6E-409F-BF14-4561C11FD20D pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Architect may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission. of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally.liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and or Agreement for Construction — RFP CIP 22-636 Page 28 Vol. P . ��Z DocuSign Envelope ID: 8743AD6F-OB6E 409F-BF14-4661C11FD20D any attachments. 4.4 RESOLUTION OF CLAIMS. AND DISPUTES 4.4.1 Decision of Architect: Claims, including those.alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. 'An initial decision by the Architect 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 Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the.Owner. 4.4.2 The Architect 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 Architect is unable to resolve the Claim,.if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Architect 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 Architect in rendering a decision. The Architect may request the Owner to authorize retention -.of such persons at the Owner's expense: 4.4.4 If the Architect 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 Architect when the response or supporting data will be furnished, or advise the Architect that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting. data, if any, the Architect 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 Architect, the Architect will notify the parties in writing that the, Architect's decision will be made within seven (7) days. Upon expiration of such time period, the Architect will render to the parties the Architect'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 Architect's decision, Architect will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. Agreement for Construction — RFP CIP 22.636 Page 29 Vol. 3-b,4 P-g. / 13 DocuSign Envelope ID: 8743AD5F-0B6E-408F-l3F14-4561C11FD20D ART, ICLE 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 Architect and Architect'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 Architect or Architect's consultants to complete its services on the Project. The Architect 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 Architect 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 Architect will promptly reply to the Contractor In writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect 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 Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made. reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall• not change a Subcontractor, person or entity previously selected, if the Owner or Architect makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor Agreement for Constmction — RFP'CIP 22-636 I Page 30 �1.-V Vol. �� pg. . DocuSign Envelope ID: 8743AD5F-OB6E-409F-Bp14-4561011F0200 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 Architect. Each subcontractor agreement shall preserve and protect the rights of the Owner and Architect 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 Architect, 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. 6.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. Agreement for Construction — RFP CIP 22.636 Page 31 Vol. -�� A pg. Its— DocuSign Envelope ID: 8743AD6F-086E-409F-BF14-4661C11FD20D 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 Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and' proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities Agreement for Construction — RFP CIP 22.636 Vol. -4 ,9- Page 32 DocuSign Envelope ID: 8743AD5F 0B6E-409F-BF14-4561C11FD20D or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors.as provided in Subparagraph 10.2.5. 6.2.6 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 Architect; a Construction Change Directive requires agreement by the Owner and Architect 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 Architect 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 Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2* Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. Agreement for Construction — RFP CtP 22-636 Page 33 Vol. pg. //7 DocuSign Envelope ID: 8743AD6F-0B8E-408F-BF144661C11FD200 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect 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 Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the 'Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately, and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case ,of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided Jn the Contract Documents, costs for the purposes of- this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost 'of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and Agreement for Construction — RFP CIP 22-636 Page 34 Vol. pg. // DocuSign Envelope ID: 8743ADSF OB6E-409F43F144561C11FD20D .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 Architect. 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 east, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by' a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect 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 Architect 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 Architect 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 affected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than one hundred eighty (180) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Architect. Agreement for Construction— RFP CIP 22-636 r Page 35 VOL 36,7- , pg. //9 r DocuSign Envelope iD: 8743AD5F-0B6E-409F-BF14-4561C11FD20D 8.1.3 The date of Substantial completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.6 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free, slack time" as used in the Contract Documents shall, mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project.. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for - anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being, reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed ,by the effective date of such. insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.6 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related- to -an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of .construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially Agreement for Construction -- RFP CIP 22-636 Page 36 Vol. pg. ��® DocuSign Envelope ID: 8743AD5F-086E-409F-BF144561C11FD20D 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 Architect 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 Architect, 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 Architect 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 all for Saturdays, Sundays, or holidays unless the Contract *requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive ,remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Architect. 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 Architect's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be Agreement for Construction — RFP CIP 22-636 Page 37 Vol. fig. /J/ DocuSign Envelope ID: 8743AD6F-OB6E409F43F14-4661C11FD20D construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 • The Contract Sum is ONE MILLION EIGHT HUNDRED AND EIGHT THOUSAND DOLLOARS ($1,808,000.00) and,. subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Architect 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 Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Architect will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each .progress payment, the Contractor shall submit to the Architect 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 Architect may require and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for, materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. . 9.3.3 The Contractor warrants that title to all Work covered by an Application for 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, Agreement for Construction — RPP CIP 22-636 Vol. ' Page 38 DocuSign Envelope ID: 8743AD5F-0B6E-409F-BF14-4561C1IFD20D 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 Architect will, within seven (7) days after receipt of the Contractor's Application for Payment and the Architect's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due or notify the Contractor and Owner in writing of the Architect'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 Architect to the Owner, based on the Architect'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 Architect's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Architect'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 Architect. 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 Architect has; (1) made exhaustive or continuous on —site evaluations and/or inspections to check the quality or quantify 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. 9.6 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect 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 Architect's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be. made. If the Architect is unable to certify payment in the amount of the Application,. the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect 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 Architect'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 Agreement for Construction -- RFP CIP 22-636 Page 39 \/01. pg. zgJ DocuSign Envelope ID: 8743AD5F-OB6E-409F-BF14-4561C11FD20D such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor' .6 _reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub -contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect 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 Architect. 9.6.1..1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Architect. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Architect'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 Architect 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 Architect on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right. to request written evidence from the Contractor that the Contractor has properly paid .Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect 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. Agreement for Construction— RFP CIP 22-636 Page 40 [VOI. �� p. DocuSign Envelope ID: 8743AD5F-0B6E-409F-BF14-4569C11FD200 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 Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of* the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Architect, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Architect, 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 Architect a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Architect's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Architect and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Architect's and Owner's inspections disclose any Rem, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Architect and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially.complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Agreement for Construction —RFP C[P 22-636 Page 41 Vol. �� P . /�S DocuSign Envelope 10: 8743A05F-0B6E400-BF14-4561C11FD20D contractor shall finish all items on the list accompanying the Certificate. 'Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public .authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the. Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Architect 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 Architect. .9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is, sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete 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 Architect and Owner will in a reasonable time, make such inspection and when the Architect and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Architect will promptly'issue a Agreement for Construction — RFP CEP 22-636 Page 42 vol. _ ��� pg. ��� DocuSign Envelope ID: 8743ADSF OB6E-40OF-BF14-4561C11FD20D final Certificate for Payment stating that *to the best of the Architect's knowledge, information and belief, and on the basis of the Architect'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 Architect'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 Architect: (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 Architect so confirms, the Owner shall, upon application by the Contractor and certification by the, Architect 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 Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that'it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Architect. 9.10.4The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: Agreement for Construction— RFP CIP 22-636 Page 43 DocuSign Envelope ID: 8743AD5F•OBBE409F-BF144561C11FD20D .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. 9.11 LIQUIDATED DAMAGES 9,11.1 Liquidated damages will be assessed at Five Hundred Dollars ($500.00) per calendar day if work is not completed on time (substantial completion), excluding any weather days. 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 Architect and their consultants and employees; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub —subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. Agreement for Construction -- RFP CIP 22-636 Page 44 VOi. �., / pg. /'q Docuftn Envelope ID: 8743AD5F-OB6E-408F-BF14-4661C11FD20D 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 Architect, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or -storage of explosives is prohibited. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or , anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect 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 Architect. 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 Architect resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on Agreement for Construction — RFP C[P 22-636 Page 45 Vol. pg. /a-f Docuftn Envelope ID: 8743AD5F-0BBE-409F-BF14-4661C11FD20D 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, Architect 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 shalt indemnify and hold harmless the Owner and Architect 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 Architect for Project site safety conditions created or controlled by the Contractor that result in the Architect receiving a citation under the OSHA multi -employer citation provision. 10.2.13 The Contractor shall notify Owner's and Architect's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health .equipment (excluding boots) for the Owner and Architect to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Architect'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 Architect. 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. Agrecment for Construction — RFP CIP 22-636 Page 46 DocuSign Envelope ID: 8743AD5F OB6E-409F-BF144561C11FD20D 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, Architect, Architect'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 Architect and Architect'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, Architect 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 Architect. The Contractor shall notify the Owner and Architect prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Architect all accidents Agreement Ir Construction —UP CIP 22-636 Page 47 Vol. pg. /.�/ DocuSign Envelope ID: 8743AD5F-086E-409F BF14-4561C1IFD20D 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 Architect. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly; employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractoes employees; .3 claims for damages,because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute ' from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide Insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as.a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person;, .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims .for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). , (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. Agmmeat for Conmetion — RFP CIP 22-636 Page 48 Vol. ��� P g. /�� DocuSign Enveiope ID: 8743AD5F-OB6E=409F-BF14-4661C11FD20D .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 $ 600,000 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: $1,000,900 each occurrence $ 1,000,000 -aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) " "Texas Waiver of Our Right to Recover from Others Endorsement' shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $1,000,000 each occurrence (b) Property Damage: $1,000,000 each occurrence $ 2,000,000 aggregate Agreoment for Contraction — RPP CIP 22-636 Page 49 V q DocuSlgn Envelope ID: 8743ADSF-086E-409F-BF14-4661C11FD20D 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: $ 600,000 each person $1,,000,000 each accident (b) Property Damage: $ 600,000 each occurrence (c) "Texas Waiver of Our Right to Recover from Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the'foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self -insured for.any and all insurance of any kind, type, or nature required by the Contract Documents. . 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent 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 Agreement for Construction— RFP CIP 22-636 Page 10 DocuSign-Envelope ID: 8743AD5F 0B6E-409F-BF14-4561C1IFD20D $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 Architect 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 Architect'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. J 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file.bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. Agreement for Construction — RFP CIP 22-636 va Page 51 DocuSign Envelope ID: 8743AD5F-066E-409F•BF144561C111`0201) 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney -in -fact who executes required bonds on behalf of surety -to affix thereto a certified and current copy of power of attorney. 11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response'to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 1 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a -copy of the bonds or shall permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other information required by surety. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect'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 Architect, be uncovered for the Architect'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 Architect, Owner or governing authority has not specifically requested to examine prior, to its being covered, the Architect, Owiner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work, rejected by the Architect, 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 Architect's services and expenses made necessary thereby. Asrccment for Construction — RFP C1P 22-636 Page 52 DocuSign Envelope ID: 8743AD5F-0B6E-409F-BF14-4561C11FD20D 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 discoveryof 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, Architect may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations . the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 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 Agreement for Construction — RFP CIP 22-636 Page 53 Vol. pg. /5 7 Doc uSign Envelope ID: 8743AD5F-0B6E409F BF14-4561C11FD20D nonconforming Work (such costs to include but not limited to fees and charges of Architects, Architects, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 . GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at'all times Brazos County, Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.37.2(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights --and obligations under, the Contract Documents. The Contractor .shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Architect. In case Contractor assigns all or any. part of any monies due or to become. due under this Contract, instrument of assignment must contain a clause substantially to effect;that it is agreed that right of assignees .in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and 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,corporabon 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 Agreement for Construction — RFP CIP 22-636 Page 54 Vol. �_ ���� P .__J3 �� DocuSign Envelope ID: 8743AD5F-OB6E-409F-BF14-4561C11FD20D 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, Architect 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. 13.6 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), Architect 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 Architect, 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 Architect 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), Architect 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 Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall; unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect and Project inspector (if any). 13.5.5 If the Architect, 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. Agreement for Construction— RFP CIP 22-636 Page 55 `SOB. . %�% DocuSign Envelope ID: 8743AD5F-0B6E-409F-BF14-4561C11FD20D 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and 'any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees 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 Agreement for Construction — RFP CIP 22-66 Page 56 DocuSign Envelope ID: 8743AD5F-OB6E-409F-BF14-4561 C1 I FD20D 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 Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the -Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is, less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Architect, 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 tha Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Architect, 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 Agreement for Construction — RFP CIP 22-636 Page 57 Vol, _ pg. !�/ DocuSign Envelope 1D: 8743AD5F-0B6E-409F-BF14-4561C11FD20D Subcontractors; - .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for -increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is.made or denied under another provision of the Contract. 14A 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 Agreement for Construction — RFP CEP 22-636 Page 58 DocuSign Envelope ID: 8743AD5F-OB6E-409F-BF14-4561C71FD20D .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders., 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 16.1 Architect, 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 Architect will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. it is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Architect, 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 Agreemeni for Construction— RFP CIP 22-636 Vol. J�a- pg. / 3 Page 59 DocuSign Envelope ID: 8743AD5F-066E-409F-BF14 4561C11FD20D the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Courts approval of the Agreement as set forth in the minutes of the Courts , 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 Architect for use in the administration of the Contract, and the remainder to the Owner. O R: O UNTY, TEXAS Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 Date: LP I a ( ! a CONTRACTOR: MAREK BROTHERS CONSTRUCTION DocuStgned by: \ a owner 9FC21AD736774EE... Contractor Date: 6/14/22 Agreement for Construction — RFP CIP 22-636 - Page 60 Vol. P, lCIL DocuSign Envelope ID: 8743AD5F-0B6E-409F-BF14-4561C11FD20D ATTACHMENT "A" CONSTRUCTION OF THE BRAZOS COUNTY JP/CONSTABLE PRECINCT 1 BUILDING REQUEST FOR PROPOSAL CIP 22-636 0 Agreement for Cotimcgon — RFP CIP 22-636 Page 61 Vol. Ff I' ts. A NEW COURT FACILITY FOR BRAZOS COUNTY JP COMPLEX - PRECINCT 1 PROJECT NUMBER: 2021-2120 RP - CIP 22-636 i� L� 1 May 31, 2022 Ms. Kaitlyn Battles Brazos County Purchasing Office 200 South Texas Ave., Ste. 352 Bryan, TX 77803 Re: JP Complex — Precinct 1 Project No. 2021-2120; RFP - CIP 22-636 Dear Ms. Battles Thank you for considering Marek Brothers Construction, Inc. as your contractor. We have worked long and hard to establish a name synonymous with integrity, honesty, and customer satisfaction. We welcome the challenge to add you to our list of satisfied customers. Marek Brothers works to provide efficient project management techniques to ensure a quality product for our customers. Over the last 30 years, our company has worked on a variety of commercial projects including ground -up construction, renovations, office buildings, outdoor facilities, and higher education buildings. After reviewing the 'scope of work for this project, we believe that it fits well within our area of expertise and are confident that we can complete all deliverables within the allocated time frame. We look forward to the opportunity to contribute to the completion of your project. If you have any further questions, please do not hesitate to contact me at 979-696-5562 office 1832-247-8577 cell or brian.mcmullin@marekbrosbcs.com. Sincerely, Brian A. McMullin, Owner Vol. .3�� Pg. /7 y A NEW COURT FACILITY FOR BRAZOS COUNTY JP COMPLEX - PRECINCT 1 PROJECT NUMBER: 2021-2120 RFP - CIP 22-636 mare b ERY Contractor's Qualification Statement • AIA Document A-305 o Similar projects of size and scope o Project Manager and Superintendent experience o List of available resources P 6002 r-•• „ REQUEST FOR PROPOSALS RFP NO. CIP 22-636 JP/Constable Precinct I Building SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, May 31, 2022, 2:00pm CST TO THE: BRAZOSCOUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 3614290 i Fax: (979) 3614293 __ Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the _-� solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the RFP. Any such contact will be grounds for rejection of the vendor's proposal. i� 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 bid form and agrees to deliver said items at the locations and for the prices set forth on the bid form. Company Name: Marek Brothers Construction Inc By (Print): Brian McMullin Physical Address: 15797 FM 2154, College Station, TX 77845 Malting Address: PO Box 9715, College Station, TX 77842 Title: Owner Telephone: 832-247-8577 Fax: N/A E-Mail: bdan.mcmullin@marekbrosbm.com V®! o� Pg o `�� FA JP/Constable Precinct 1 Building Request for Proposals # CIP 22-636 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building 200 South Texas Ave., Ste. 352 RFP No. CIP 22-636 Bryan, Texas 77803 Page 2 of 24 pages Telephone (979) 361-4292 Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Tuesday, Mgy 31, 2022 in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. There will be a Pre -Proposal Conference in the Commissioner's Courtroom located at the Brazos County Administration Building, 200 South Texas Ave, Bryan, Texas 77803 on the first floor at 2:00 p.m. on Tuesday, May 17, 2022. Release of RFP _ Advertisement Dates Pre -Proposal Conference Deadline for Questions Proposal Submission Deadline Review/Contract Evaluations/Negotiations Anticipated Award _ T Anticipated Construction Start A. PROCUREMENT DELIVERY Friday, April 29, 2022 _ Friday, May 6, 2022 Friday, June 07, 2019 Tuesday, May 17, 2022 at 2:00 PM CST _ Thursday, May 19, 2022 at 5:00 PM CST Thursday, May 31, 2022 before 2:00 PM CST Beginning of June June 21, 2022 July 1, 2022 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. Vol. pg. /S / 2 ( Rage 1 B. SUMMARY OF WORK The site work will reach final completion by the end of June unless delayed by weather or '• unforeseen conditions. It is expected that the awarded contractor will begin construction M activities on July 1, 2022. A new court facility for Brazos County JP / Constable Precinct 1 consisting of an approximately 5,400 square foot building. The project is located at 412 William D. Fitch Parkway, College Station, Texas. Li 1. This project will be the Second Phase of the project. The site work was issued as Phase I, �- which covered the majority of the site requirements 2. Site improvements in this phase includes connecting sidewalks, site electrical, flagpole, landscaping, and irrigation system. 3. New construction includes concrete slab system, roof framing, roofing, masonry fagade, and _ column wraps. 4. The work also includes certain items of equipment including plumbing, heating -ventilation- i, air conditioning; electrical systems; lighting; and alarm -signal systems. _ C. ALTERNATES 1. Description of Alternatives a. Alternative No. 1 — Metal Roof System i. State amount to be added to base bid for furnishing material and labor to install a �_ standing seam metal roof in lieu of a composition shingle roof as indicated on the drawings. b. Alternative No. 2 — Stone Veneer ii. State amount to be added to the base bid for furnishing and installing a stone veneer in lieu of brick veneer. c. Alternative No. 3 — Monument Sign iii. State amount to be added to. the base bid for furnishing material and labor to construct the monument sign as indicated on the drawings. i� D. CONDITIONS OF RFP The following instructions apply to all proposals and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this Proposal. All Contractors 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. COMMISSIONERS' 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. _! 3 Page 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 2. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful Contractor 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 acceptor reject in part or in whole, any proposals submitted, { and to waive any technicalities for the best interest of the County. i 5. Brazos County shall not be responsible for any verbal communication between any employee _.! of the County and any potential Contractor. 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% 4 1 Page Vol. I J ` 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. 10. Although the cost is an essential part of the proposal, Brazos County is not obligated to J 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 Commissioner's Court. 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 J 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 respondent check the Brazos Valley e-Marketplace (https://brazosbid.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 companv name. mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the Contractor. Company name and authorized signature shall appear in each space provided. The Contractor must include Employer Identification Number or Social Security 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 Vol. ��� P. 15 5 Page 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. �. 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 bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 22. 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 1 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. r: 23. 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 —1' authorization for use is at the sole discretion of Brazos County. Contingency Allowance is _ established as $125,000.00 and shall be processed pursuant to the Specifications. i 24. 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 Commissioners Court. 25. 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. 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. i 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. _ 6 1 Page Vol. Pg. /153 ;t E. SPECIAL PROVISIONS 1. Proposers with questions regarding the proposal should submit them in writing via the Brazos Valley e-Marketplace at https:/Ibrazosbid.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 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 County web site https://brazosbid.ionwave.net. The proposer must put the proposal number and name on -the front of the envelope before mailing it to the Purchasing Department. 4. In addition to the County's proposal form, all proposals shall be accompanied by a Contractor's Qualification Statement (AIA Document A-305 or equal) listing five (5) like projects, along with the project's owner and engineer contact information on each project. Please note key individuals means 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. 5. During the evaluation process, Brazos County reserves the right, in the best interest of the -- County, to request additional information or clarification from Contractors. 6. The contract shall be awarded to the responsible Contractor whose proposal is determined to be the best evaluated offer. 7. 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. 8. Performance Standards: ' r 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. ' f. The Contractor shall be responsible for initiating, maintaining, and supervising _.1 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, '-_ 7 1 Page Vol. pg. / s� li 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 1. 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 CONFIDENTIAUPROPRIETARY 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 1 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. 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 8 1 Page Vol. P /S' Commissioner's Court meets to consider award of the Proposal. Any such contact will be grounds for rejection of the vendor's proposal. A. 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. 2. 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 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. J. TAXES Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. Vol. 13�1�- P. 91Page K. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement 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 Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor'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 Contractor's insurance and shall ' not contribute to it. Further, the Contractor 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. The Contractor shall 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 `hll-risk" or equivalent policy form in the amount of the initial Contract Sum, plus architect 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 or until no person or entity other than the Owner has an insurable interest in the property required by this section 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 sub 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. Property insurance shall be on an `hll-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 building and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile -Liability Policy c. 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. 10 1 Page V09. pg. /S 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 A:VIII or better rating in accordance with the current Best Key Rating guide. b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. c. 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 A:VIII 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. WORKER'S COTMPENSATION 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 Contractor'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, Contractors and subcontractors must use that portion of the form whereby the hiring contractor 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 ' contractor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of $500,000.00 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 11 ( Page _ Vol. pg. ��� 1 D accommodate the specific document in which they are contained or to impose stricter standards of documentation: a. Definitions: i. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers Compensation Commission, or a 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. ii. Duration of the project - includes the time from the beginning of the work on the project until the ContractorYpersons work on the project has been completed and accepted by the governmental entity. iii. 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 Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, 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 Contractor 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 Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor 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 Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: i. 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 ii. no later than seven calendar days after receipt by the Contractor, 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 Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should 12 1 Page Vol. p :��� have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor 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 lack of coverage. i. The Contractor 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 Contractor, 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 Contractor, 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 Contractor: (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. contractually require each person with whom it contracts, to perform as required by paragraphs (a)-(g), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor 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 Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. f Vol, '36 Pobl,-- i� 13 ( Page 1 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 laws, 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 "Attu.: 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; 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. Vol. 5-6,2- fig. lG3 14 1 Page I ; N. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold i 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 parry 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 w orders, 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 Contractor 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 15 1 Page 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 Contractor'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 T- Contractor, 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 bidders 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 bidden; Cashier' Check or Certified Check will be -� returned after a written request to do so has been received by the Purchasing Agent. 2. The successful bidder 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 site. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the bidder shall state the prices. _ 2. If a proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. 3. The Proposer must submit an original and five (5) copies of the proposal to Brazos County. 4. The complete proposal should include the following: a. Completed and signed RFP. see • e ew 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 i 16 Page Vol. � Pg. /6,s� f iii. To include list of available resources (Personnel and equipment not concurrently committed to another project.) - c. Bid bond, certified check or cashier's check for 5% of the total bid amount see a e 5. By signing the certification below, the vendor verifies that all plans and specifications have i- been reviewed and are considered in the pricing attached. �f 6. By submitting a proposal, the proposer is stating that they have reviewed and considered the RFP, Exhibit A (Prevailing Wage Rates), Exhibit B (Architects Plans), Exhibit C (Architect's < Specifications), and Exhibit D (Sample: Construction Contract). 7. By submitting a response to this RFP, the proposer is agreeing to sign the County's Standard I Agreement for Construction Services. R. LIST OF MAJOR SUB -CONTRACTORS: i� L• 1. Electrical Elite Electric ' 2. Plumbing Artisan Plumbing r� I 3. Mechanical Mosqueda Heating and Cooling 4. Masonry Contractor Federal Masonry iY 5. Concrete Big Solutions 6.* Data/AudioNisual/Cabling Evergreen innovation Group _. 7. i. Roofing Lonestar Mill Work Coastal Cabinetry 9. Other Framing / Finishes - Moran's Drywall i� 10.Other Doors - Summit r ' 11.Other Glass & Glazing - Anderson Glass & Mirror *The Sub Contractor for #6 below must have a minimum of five (5) years' experience and be certified by the manufacturer for the products that they are installing. t S. PRICING The base proposal price below should include $125,000.00 for contingency allowance to be ! used only as directed by the Brazos County. 17 E Page Vol. _ 3� leg_ �� 1. Pricing for all materials and work included in the base proposal: $ 1 179ID) ®Dd a. Pricing in word format: ohe.yA111 iea Stv. eg �ag4ft4 -1�koos--4 2. Time to substantially complete (99%) proposed work: 180 days a. Total Number of days in word format: one hundred and eighty days 3. From award by Commissioners' Court and receipt of a purchase order, respondent can begin work in 14 a. Number of days in word format: fourteen days. all materials and work included in Alternate: $ See below a. Pricing in word format: days. z , b. Additional time required for Alternate: -� 5. Unit Prices: ALTERNATES $ a. nit Price No 1: $1 1vQ° b. U it Price No 2: 43150,0 c. U -t Price No 3: " 25 1(x* T. REFERENCES Respondents 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 j size and scope in the previous six (b) months may be considered in lieu of obtaining a new reference ` check. A negative reference may be grounds for disqualification of bid. Respondents are not allowed to use Brazos County as a reference. i ) ` Company/Entity: Texas A&M University - Aerothermochemistry LIDAR Lab Expansion Contact: Sohn Clark Phone: 979450-4938 Email: iclark@tamu.edu 18 j Page Vol. pg. &7 -- Company/Entity: Climate Doctors of BCS Contact: Ed Wren Phone: 979-775-6572 Email: ewrenmasters@yahoo.com Standard Supply Contact Spencer Shaw Phone: 214-379-7121 Email: sihaw@bartosindustries.com Company/Entity: BTU - Transformer Containment Bldg Contact: Dennis Norris Phone: 979-821-5753 Email: dnorTis@btufl[ifies.com Company/Entity: The Ranch - Harley Davidson Contact: Susan Gipson Phone: 979-690-1669 Email: susan@theranchhd.com V01. pg. 19 1 Page U. V.T.C.A. LOCAL GOVERNMENT CODE §262.0276 This Section must be completed. Failure to complete this section will disqualify the bid. 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.) Patrick Marek Owner - President Brian McMullin Owner - Vice President ifoPg. 20 1 Page V. PROPOSAL EVALUATION WAIVER By submitting a proposal or response, each Proposer/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 i 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 "The undersigned affirms that he/she is duly authorized to execute this waiver by the person(s) or business entity making the proposal. Firm's Name: Marek Brothers Construction Inc. _ r Address: PO Box 9715, College Station, TX 77842 i Proposer's Name: Brian McMullin 5 ' ` Position/Title: Owner Proposer's Signature: Date: 5/31/2022 i S Subscribed and sworn to me on this 31st day of May in the year 2022 Notary P lic ' y ' Ml y Commission expires ?j Z�I202 Angela Kubacak x° My Commission Expires 1D3 o.133Q00152 `_s VOL ��� � . 17� 21 J Page W.ADDENDA The undersigned acknowledges receipt of the following addenda issued during the time of Bidding and includes the several changes therein in this Proposal. coc attar. Karl cinnotl chapt No. No. No. Date 3/19/2022 Date Date 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 Contractor, and that the contents of this bid have not been communicated to any other Contractor prior to the official opening. Signed By: Typed Name: Brian McMullin Company Name: Marek Brothers Construction Inc Mailing Address: PO Box 9715 College Station P.O. Box or treet City Title: Owner Employer Identification Number: ']'A %- Zq (6 2P1 ?, 8 TX 77842 State Zip CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 22-636 By signing below, Brazos County agrees that this RFP CIP 22-636 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 A Z& Date: c /Lc. ►V E o2 1, C2 0 0 o-L, Attest: Brazos County Clerk �- t i ,j 01. j 22 Page Pg. 77 ( j-, Y. HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President 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 not 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: Marek Brothers Construction inc. Authorized Company Representative: Brian McMullin A ddrPcs• PO Box 9715, College Station, TX 77842 Signaturf Contract VOL pg, 17 2 23 1 Page j The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. Zr References (Section T) Er V.T.C.A. Local Government Code §262.0276 for Tax Verification (Section U) 8' Statement of Affirmation (Section V) s ?1" Certification of Proposal (Section X) House Bill 89 & Debarment Verification (Section V) fAll Addendums (if applicable) 1 Bid Bond ET" AIA A 305 or Equivalent — (Section Q,4.) VOL . J /7`3 24 ( Page JP Constable Precinct 1 Building Clarifications • Alternate 2 includes a stone allowance of $320/ton (—; • Includes $1500 allowance for wireless access points Vol. pg. (7 i I == � 5T"' . 2020 j= Document A30 Contractor's Qualification Statement -- THE PARTIES SHOULD EXECUTE A SEPARATE CONFIDENTIALITY AGREEMENT IF THEY INTEND FOR ANY OF THE INFORMATION 1N THIS A305-2020 TO BE HELD CONFIDENTIAL. SUBMITTED BY: SUBMITTED TO: !l (Organization.name and address) (Organization name and address.) - Marek Broihers Construction Brazos County Purchasing 15797 FM 2154 200 S. Texas Ave. Suite 352 College Station, TX 77845 Bryan, TX 77803 TYPE OF WORK TYPICALLY PERFORMED (Indicate the type of work your organization typically petforms, such as general i cantraa-ing, construction manager as constructor services, HVAC contracting, electrical contracting, pltuntbing contracting, or other.) I Commercial Genbral Contracting THIS CONTRACTOR'S QUALIFICATION STATEMENT INCLUDES THE FOLLOWING: —' (Check all that apply') f . ® Exhibit A — General Information ®" ExhibitB—Financial and Performance Information ® Exhibit C — Project -Specific Information I © Exhibit D — Past Project Experience i J © Exhibit E—Past Project Experience (Continued) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. (' CONTRACTOR -CERTIFICATION The undersigned certifies under oath that the information provided in this Contractor's Qualification Statement is true and suffcientry complete so as not to be misleading. 5131122 Or rzedon's Authorized Representative Signature Date Brian McMullin Printed Name and Title NOTARY ! State of: County of: �� S I Signed and sworn to before me this 3 cal— day of-Tl Il otary Sig tune Vol. My commission expires: �j �� J j Z� Pg . / 7,5 Irtit AIA Document A305TM — 2020. Copyright @ 1964.1969.1979.1986, and 2020 by The American Institute of Architects.All rights rese Institute of Architects: "AIA' the AIA Logo, and "AIA Contract Documents' ace registered trademarks and may not be used Without permission. This i document was created on 05130/202216:35:48 under the terms of AIA Documents on Demand° Order No. 2114328823 , is not for resale. Is t licensed for one-time use only, and may only be used in accordance with the AIA Contract Document Documents -on -Demand — End User License Agreement To report copyright violations, e-mail copyright@aia.org. ;j _1A document A305TM - 2020 Exhibit A General Information _J '_J This Exhibit is part of the Contractor's Qualification Statement, submitted by Marek Brothers Construction and dated the 31st day of May in the year 2022 (lir words, indicate day, month and year.) This document has important § A.1 ORGANIZATION legal consequences. Consultation with an attorney is § AAA Name and Location encouraged with respect to its § A.1.1.1 Identify the full legal name of your organization. completion or modification. Marek Brothers. Construction, Inc. =§ AAA.2 List all other names under which your organization currently does business and, f0t each name, identify jurisdictions in which it is registered to do business under that trade name. None § A.1_.1.3 List all prior names under which your organization has operated and, for each name, indicate the date range and jurisdiction in which it was used. None § A.1.1.4 Identif}• the address of your organization's principal place of business and list all office locations out of which your organization conducts business. If your organization has multiple offices, you may attach an exhibit or refer to a website. 15797 FM 2154 College Station, TX 77845 § A.1.2 Legal Status § A.1.2.1'Identify the legal status under which your organization does business, such as sole proprietorship, partnership, corporation, limited liability corporation, joint venture, or other. Corporation .1 If your organization is a corporation, identity the state in which it is incorporated, the date of incorporation, and its four highest-ranking corporate officers and their titles, as applicable. Texas 05/07/1987 Brian McMullin -Owner Patrick Marek - Owner .2 If your organization is a partnership, identify its partners and its date of organization. N/A Init.A(A Document A305r —2020 Exhibit A. Copyright 02020 by The American Institute of Architects All rights reserved. The Institute o Architects; "AIA; the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without pennssiom This document was created on 05130/202216:35:48 under the terms of ALA Documents orb DemancP Order No. 2114328823 . is not for resale, is licensed for one- / time use only, and may only be used in accordance with the A1A Contract Dacamentsfl Documents -on -Demand — End User License Agreement To report copyright violations, e-mail copyright@aia.org. 1 .3 If your organization is individually owned, identify its owner and date of organization. N/A A If the form of your organization is other than those listed above, describe it and identify its individual leaders: N/A § A.1.2.2 Does your organization own, in whole or in part, any other construction -related businesses? If so, identify and describe those businesses and specify percentage of ownership. No § A.1.3 Other Information § A.1.3.1 How many years has your organization been in business? 35 § A.1.32 How many full-time employees work for your organization? 9 § A.1.3.3 List your North American Industry Classification System (NAICS) codes and titles. Specify which is your primary NAICS code. 236220 - Commercial and Institutional Building Construction § A.1.3.4 Indicate whether your organization is certified as a governmentally recognized special business class, such as a minority business enterprise, woman business enterprise, service disabled veteran owned small business, woman owned small business, small business in a HUBZone, or a small disadvantaged business in the 8(a) Business Development Program. For each, identify the certifying authority and indicate jurisdictions to which such certification applies. N/A § A.2 EXPERIENCE § A.2.1 Complete Exhibit D to describe up to four projects, either completed or in progress, that are representative of your organization's experience and capabilities. § A.2.2 State your organization's total dollar value of work currently under contract. $14,272,659 § A.2.3 Of the amount stated in Section A.2.2, state the dollar value of work that remains to be completed: $6,116,855 \10�.. fir. P9-77 AIA DocumentA3051° — 2020 Exhibit A. Copyright© 2020 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,' AIA: the AIA Logo, and 'AlA Contract Documents' are registered trademarks and may not be used without pennisslon. This document was created on 05f301102216:35:48 underthe terms of AIA Documents on Demand® Order No. 2114328823 , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Documents -on -Demand — End User License Agreement To report copyright violations, e-mail copyright@aia.org. N 1 { § A.2A State your organization's average annual dollar value of construction work performed during the last five years. $10,500,000 § A.3 CAPABILITIES § A.3.1 List the/categories of work that your organization typically self -performs. j Demolition, Rough Carpentry, Rough Cleaning i § A.3.2 Identify qualities, acereditations, services, skills, or personnel that you believe differentiate your organization from others. Marek Brothers Construction provides quality work, for a fair price, meeting or exceeding the project schedule. We exercise consistent communication, thoughtful scheduling, and constant thoughtfulness and supervision into each project we undertake. § A.3.3 Does your organization provide design collaboration or pre -construction services? If so, describe those services. Yes. Marek Brothers Construction has extensive experience in design collaboration and preconstruction services s _ such as CMAR and design build projects. Additionally, we pride ourselves on providing pre construction value engineering consultation, to keep project costs in budget. § A.3.4 Does your organization use building information modeling (BIM)? If so, describe how your organization uses i BIM and identify BIM software that your organization regularly uses. Yes, if the project dictates it, we have used BIM in the past to coordinate complex projects with tight tolerances. BIM 360 is our chosen BIM software. ,i I i L✓ § A.3.5 Does your organization use a project management information system? If so, identify that system. i ! Yes. Procore Construction Software I ' § AA REFERENCES I § AAA Identify three client references: i (Insert name, organization, and contact information) See attached § A.4.2 Identify three architect references: (Insert name, organization, and contact information) Mike Record - Arkitex Studio - 979.229.1366 Fred Patterson - Patterson Architects - 979.229.7799 Nicole Barrios - Gensler - 713.689.4754 i? If § AA 3 Identify one bank reference: (Insert name, organization, and contact information) Mr. Sam Urso, President Prosperity Bank 979-324-4594 �j VOL Pg. i 7 Init.AIA Document A305" — 2020 Exhibit A. Copydght ©2020 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; 'AIA " the ALA Logo. and'AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 3 created on 05/30/202216:35:48 under the terms of AIA Documents an Demand° Order No. 2114328823 , is not for resale, is licensed for one-time / use only, and may only be used in accordance vamth the AIA Contract Documentse Documents -on -Demand — End User License Agreement. To report copyright violations, e-mail copydght@aia.org. § MA Identify three subcontractor or other trade references: (Insert name, organization, and contact information) - See attached. Vol. 3f-,-2- fig, 7 .j Init. AIA DocumentA305m — 2020 Exhibit A. Copyright ©2020 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,"'AIA," the ALA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 4 created on 05130/202216:35A8 underthe terms of AIA Documents on Demand® Order No. 2114328823 , is not for resale, is licensed forone-time use only, and may only be used in accordance with the AIA Contract Documents® Documents -on -Demand — End User License Agreement. To report copyright violations, e-mail copydght@aia.org. Document A305TM - 2020 Exhibit B Financial and Performance Information This Exhibit is part of the Contractor's Qualification Statement, submitted by Marek Brothers Construction and dated the 31st day of May in the year 2022 (In words, indicate day, month and year.) § 6.1 FINANCIAL.. § B.11 Federal tax identification number. 74-24b2928 § 8.1.2 Attach financial statements for the last three years prepared in accordance with Generally Accepted- Accounting Principles, including your organization's latest balance sheet and income statement. Also, indicate the name and contact information of the firm that prepared each financial statement. Provided upon request or award of contract. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. § 9.1.3 Has your"organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management,"been the subject of any bankruptcy proceeding within the last ten years? No _ § B.1A Identify your orgariization's preferred credit rating agency and identification information. I adentify rating itgency, such as Dun,and Bradstreet or Equifax, and insert your organizadon' - identification number or i other method of searching your• organization 's credit rating with such agency.) Provided upon request -or award of contract. I ` § B.2 DISPUTES AND DISCIPLINARY ACTIONS § 13.2.1 Are there any pending or outstanding judgments, arbitration proceedings, bond claims, or lawsuits against your organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management, or any of the individuals listed in Exhibit A, Section 1.2, in which the amount in dispute is more than $75,000? (If the answer is yes, provide an explanation) ! No § B.2.2 In the last five years, has your organization, its parent, or a subsidiary, affiliate, or other entity having common i ownership or management: i (If the answer to any of the questions below is yes, provide an explanation) .1 failed to complete work awarded to it? i No L! von n low. pg a 19D t; J Init. A11A Document A305"' — 2020 Exhibit B. Copyright @ 2020 by The American Institute of Architects. All rights reserved. The'American Institute of Architects; AIA,' the AIA Logo, and'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was created on 05=1202216:35.48 under the terms of AtA Documents on Demands Order No. 2114328823 , Is not for resale, is licensed for one-time Fi t use only, and may only be used in accordance with the AIA Contract Documents Documents -on Demand — End User License Agreement To report copyright violations, e-mail copyright@aia.org. .2 been terminated for any reason except for an owners' convenience? No .3 had any judgments, settlements, or awards pertaining to a construction project in which your organization was responsible for more than $75,000? No A filed any lawsuits or requested arbitration regarding a construction project? No § B.2.3 In the last five years, has your organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management; or any of the individuals listed in Exhibit A Section 1.2: (If the answer to any of the questions below is yes, provide an explanation) .1 been convicted of, or indicted for, a business -related crime? No .2 had any business or professional license subjected to disciplinary action? No .3 been penalized or fined by a state or federal environmental agency? No Vol. Pg, /8l Init. AIA Document A305TM — 2020 Exhibit H. Copyright @ 2020 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 2 created on 05130/202216:35:48 under the terms of AIA Documents on Demand® Order No. 2114328823 , is not for resale, is licensed for one -lime / use only, and may only be used in accordance with the ALA Contract Documentse Documents -on -Demand — End User License Agreement. To report copyright violations, e-mail copyright@aia.org. I A Document A305TM - 2020 Exhibit C Project Specific Information This Exhibit is part of the Contractor's Qualification Statement, submitted by Marek Brothers Construction and dated the 31 st day of May in the year 2022 (In words, indicate day, month and year.) PROJECT: (Name and location or address.) Brazos County JP/Constable Precinct 1 Building CONTRACTOR'S PROJECT OFFICE: (Identify the office out of which the contractor proposes to perform the work for the Project.) 15797 FM 2154 College Station, TX 77845 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TYPE OF WORK SOUGHT (Indicate the type of work you are seeking far this Project, such as general contracting, construction manager as constructor, design -build, HKA C subcon tracting, electrical subcontracting, plumbing subcontracting, etc.) General Contracting i r CONFLICT OF INTEREST Describe any conflict of interest your organization, its parent, or a subsidiary, affiliate, or other entity having common I ownership or management, or any of the individuals listed in Exhibit A Section 1.2, may have regarding this Project. N/A " § CA PERFORMANCE OF THE WORK § C.1.1 When was the Contractor's Project Office established? 1987 § C.1.2 How many full-time field and office staff are respectively employed at the Contractor's Project Office? 9 § C.1.3 List the business license and contractor license or registration numbers for the Contractor's Project Office that pertain to the Project. N/A Vol. Pg. / i 1 toil AIA Document A305n' — 2020 Exhibit C. Copyright © 2020 by The American Institute of Architects. All rights reserved. The 'American institute of Architects,' AK' the AIA Logo %VAK Contract Documents" are registered trademarks and may not be used without permission. This document was created on 05l30/20221 3$:48 under the terms of AK Documents on Demand' Order No. 2114328823 , is not for resale, is licensed for one-time use only, and 1� 1 may only be used in accordance with the AK Contract Documents® Documents -on -Demand — End User License Agreement. To report copyright violations, e- mail coWght@aia.org `—' CAA Identify key personnel from our organization who will be meaningfully involved with work on this Project and § fY YP Y g � Y� j indicate (1) their position on the Project team, (2) their office location, (3) their expertise and experience, and (4) j projects similar to the Project on which they have worked. See attached resumes. Patrick Marek - Project Executive Emerson Macz - Project Manager Jim Millar - Superintendent § C.1.5 Identify portions of work that you intend to self -perform on this Project. Rough cleaning, rough carpentry !^ § C.1.6 To the extent known, list the subcontractors you intend to use for major portions of work on the Project. J' See attached RFP r § C.2 EXPERIENCE RELATED TO THE PROJECT ! § C.2.1 Complete Exhibit D to describe up to four projects performed by the Contractor's Project Office, either `- completed or in progress, that are relevant to this Project, such as projects in a similar geographic area or of similar project type. If you have already completed Exhibit D, but want to provide further examples of projects that are relevant 1; to this Project, you may complete Exhibit E. § C.2.2 State the total dollar value of work currently under contract at the Contractor's Project Office: $14,272,659 - § C.2.3 Of the amount stated in Section C.2.2, state the dollar value of work that remains to be completed: $6, I I 6,855 ! § C.2.4 State the average annual dollar value of construction work performed by the Contractor's Project Office during the last five years. $10,500,000 �__I § C.2.5 List the total number of projects the Contractor's Project Office has completed in the last five years and state the dollar value of the Iargest contract the Contractor's Project Office has completed during that time. 57 Completed -- TAMU Psychology -- $5,400,000 Under Construction -- The Ranch Harley Davidson -- $8,700,000 Fi i § C.3 SAFETY PROGRAM AND RECORD — § C.3.1 Does the Contractor's Project Office have a written safety program? Yes § C.3.2 List all safety -related citations and penalties the Contractor's Project Office has received in the last three years. None Y § C.3.3 Attach the Contractor's Project Office's OSHA 300a Summ f-M�ork Related4njuries-aa"lnesse%Xorm for - the last three years. Nl� -t„ - .2ra' vo pg.1 �3 r ! Init AIA Document A305T" —2020 Exhibit C. Copyright @ 2020 by The American Institute fxchitects-AH-sightsresefved The•oiA y=AmeRmn4asbtutetests,=® AIA,- the AIA Logo, and WA Contract Documents' are registered trademarks and may not be used without permission. This document was created on 2 05130/202216:35:48 under the terms of AIA Documents on Demand' Order No. 2114328823 , is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Documents -on -Demand — End User License Agreement. To report copyright violations, e-mail copyright@aia.org. I i .J I � I § C.3.4 Attach a copy of your insurance agent's verification letter for your organization's current workers' compensation experience modification rate and rates for the last three years. 5te a{{aa,,g (zb(o-r li § CA INSURANCE § CAA Attach current certificates of insurance for your commercial general liability policy, umbrella insurance policy, and professional liability insurance policy, if any. Identify deductibles or self -insured retentions for your commercial general liability policy. § C.4.2 If requested, will your organization be able to provide property insurance for the Project written on a builder's risk �- "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis? T Yes § CA.3 Does your commercial general liability policy contain any exclusions or restrictions of coverage that are prohibited in AIA Document A101-20I7, Exhibit A, Insurance A.3.2.2.2? If so, identify. No i� - I § C.5 SURETY § C.5.1 If requested, will your organization be able to provide a performance and payment bond for this Project? Yes +—' § C.5.2 Surety company name: Philadelphia Indemnity Insurance Company § C.5.3 Surety agent name and contact information: Bradley Hurt Service Insurance Group, Inc. I 979.774.3900 j § C.5.4 Total bonding capacity: $17,500,000 § C.5.5 Available bonding capacity as of the date of this qualification statement: 12,000,000 i Init. AIA Document A305T"' — 2020 Exhibit C. Copyright ©2020 by The American Institute of Architects. All rights reserved. The American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document was created on 3 05/30/2022 16:35AS under the terms of AIA Documents on Demand® Order No. 2114328823 , is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Documents -on -Demand — End User License Agreement To report copyright violations, e-mail copyright@aia.org. L_: TM ® Document A305 - 2020 Exhibit D Contractor's Past Project Experience 1 2 3 4 PROJECT NAME See attached See attached See attached See attached PROJECT-. --- --- --- --- LOCATION PROJECT TYPE - - ' - - - - - - - - - OWNER --- --- --- --- ARCHITECT _-- --- --- --- CONTRACTOR'S- H1133ECT EXECUTIVE KEY PERSONNEL --- --- --- "-- (include titles) PROJECT DETAILS Contract Amount Contract Amount Contract Amount Contract Amount Completion Date Completion Date Completion Date Completion Date % Self -Performed Work % Self -Performed Work % Self -Performed Work % Self -Performed Work PROJECT ❑ Design -bid -build ❑ Design -bid -build ❑ Design -bid -build ❑ Design -bid -build DELIVERY ❑ Design -build ❑ Design -build ❑ Design -build ❑ Design -build METHOD ❑ CM constructor ❑ CM advisor ❑ CM constructor ❑ CM advisor ❑ CM constructor ❑ CM advisor ❑ CM constructor ❑ CM advisor ❑ Other: ❑ Other: ❑ Other: ❑ Other. SUSTAINABILITY - _ _ _ - _ _ _ _ CERTIFICATIONS Vol. 0- - p A /LS AIA DocumentA305T" — 2020 Exhibit D. Copyright © 2020 by The American Institute of Architects All rights reserved. The American Institute of Architects: AIA; the ALA Logo, and AIA Contract Documents" are registered trademarks and may not be used without pernissionThis document was created on 05130=216:35-48 under the terns of AIA Documents on Demands Order No. 2114328823 , Is not for resale, is licensed for one - tune use only, and may only be used in accordance with the AIA Contract DocumentsO Documents -an -Demand — End User License Agreement To report copyrightviolations, e-mail copyright@afa.org. a"!I'u-�AIA Document A305 TM — 2020 Exhibit E Contractor's Past Project Experience, Continued 1 2 3 4 PROJECT NAME see attaclied see attacrM See attaffied See attachO PROJECT- --- --- --- --- LOCATION PROJECT TYPE - ' - _ _ - - - ' - - - OWNER : --- --- --- -- ARCHITECT --- ------ CONTRACTOR'S PRii5ECT ' EXECUTIVE- KEY PERSONNEL - - - - - - - - - - - - (include titles) PROJECT: DETAILS Contract Amount Contract Amount Contract Amount Contract Amount Completion Date Completion Date Completion Date Completion Date /oSelf-Performed Work /oSelf-Performed Work %Self -Performed Work %Self -Performed Work PROJECT ❑ Design -bid -build ❑ Design -bid -build ❑ Design -bid -build ❑ Design -bid -build DELrtVERY ❑ Design -build ❑ Design -build ❑ Design -build ❑ Design -build METHOD ❑ CNI constructor ❑ CM constructor ❑ CM constructor ❑ CM constructor ❑ CM advisor ❑ CM advisor ❑ CM advisor ❑ CM advisor ❑ Other. ❑Other. ❑Other. ❑ Other. SUSTAINABILITY _ - - _ _ _ CERTIFICATIONS V®! P AfA DocumentA305TM —2020 Exhibit E. Copyright ©2020 by The American Institute of Architects. All rights reserved. The "American Institute of Archr2ects," AIA' the ALA Logo, and'AIA Contract Documents"are registered trademarks and may not be used without penNssionThis documentwas created on 051301202$16:35:48 underthe terms of A1A Documents on Demancle Order No. 2114328823 , is not for resale, is licensed for one- time use only, and may only be used in accordance witY the AIA Contract Documentse Documentson-Demand— End User License Agreement. To report copyright ukilations, a -mar copyright@aia.org. !i EMR Rating Letter se.._t aanr�uct Aprii L 2021 RE rdamkBmthersCorrstrurtion Inc. —t:MDDIEMB TaWham It May Concern, Service InsuranwGroup 3M Corporate Center Drive P05DX sss3 Bryan-CollegeStatI ,TX,TADS-5753 979J74MOD Fax 9793743955 =w serviceinWoupmin Yhis letter is to wnfirn M'larek Brothers Construedon Imc- did not qual9V for an Experience Modifier {EP GD/EMR) during the prior -five policy Lwjwzge FraTbDds_ The reason for this is, in orderfar-NCO to caladate an EMR a policyholder's workers rGrp prea7durn must be $MOD or more for at least three conseartive years. Marek Brothesurorkers comp premli n fails below that threshold. Base on their Ion histary, should they qualify for an EM& we would expert it to be beneath the default of 1-00. Please let us know if anything else is needed or there are ary questions. Sirrseraly, hlradley Hurt trice President hredleyLMserrrirefnsgroup.rorn EXPERIENCE & QUALIFICATIONS CURRENT & PAST PROJECTS RROTHIFR C CWP% TR!)(MC)N1 INIr A NEW COURT FACILITY FOR BRAZOS COUNTY JP COMPLEX -- PRECINCT 1 PROJECT NUMBER: 2021-2120 RFP - CIP 22-636 Marek Brothers Construction 15797 F.M. 2154 College Station, TX 77845 979-696-5562 Vol. _ �� P . g� -- 2020 Exhibit D - Current Projects & Past Projects Name and Location of Project TAMU — PSYCHOLOGY— RENOVATE VIVARIUM & WET LABS (CMAR1 Contract Amount $3,517,669 Contract Start Date: April 14, 2019 Completion Date: April 14, 2020 Owner Reference Contact Heather Lench Telephone:: 979-845-0377 Address: Psychology Building 0463 505 Coke St, College Station, Texas 77843 Email: hlench@tamu.edu A/E Reference Contact: Gensler, Nicole Barrios Telephone: 713-844-0063 Address: 2 Houston Center 909 Fannin Street, Suite 200, Houston, Texas 77010 Email: nichol-_barrios@gensler.com Name and Location of Project TEXASA&M UNIVER5I7Y— PSYCHOLOGY— RENOVATE TESTING SUITES (CMAR) Contract Amount $1,879,130 Contract Start Date: October 14, 2019 Completion Date: April 14, 2020 Owner Reference Contact Heather Lench Telephone: 979-845-0377 Address: Psychology Building 0463 505 Coke St, College Station, Texas 77843 Email: 979-777-3163 ME Reference Contact: Gensler, Nicole Barrios Telephone: 713-844-0063 Address: 2 Houston Center 909 Fannin Street, Suite 200, Houston, Texas 77010 Email: nichol_barrios@gensier.com i Vol. p o_ �$°l Name and Location of Project TEXASA&M UNII/ERSITY—ADDITION TO LASR BUILDING ' Contract Amount $945,057 Contract Start Date: May 12, 2020 I Completion Date: January 31, 2021 Owner Reference Contact David Glockzin Telephone: 979-574-1798 Address: 3126 TAMU, College Station, Texas 77843 Email: drglockzin@tamu.edu A/E Reference Contact: The Arkitex Studio, Michael Record Telephone: 713-922-0689 Address: 308 N. Bryan Ave, Bryan, Texas 77803 Email: msr@arkitex.com t t i lJ r� l4 t _ Name and Location of Project TEXASA&M UNIVERSITY—AEROTHERMOCHEMI577?Y- UDAR LAB D(MAISION ' 1 Contract Amount $411,199 Contract Start Date. June 2018 Completion Date: January 31, 2021 Owner Reference Contact John Clark Telephone: 979-450-4938 Address: 3128 TAMU 205-Q Wisenbaker Bldg.,, College Station, Texas 77843 Email: jclark@tamu.edu A/E Reference Contact Prozign Architects, Jun Estrella Telephone: 713-922-0689 Address: 701 Shepherd Drive, Ste. 200, Houston, Texas 77007 I Email: jttrella@prozign.com 1 ' - Vol. p o 9 Name and Location of Project THERANCH—HARLEYDAVISION Contract Amount $8,742,755 Percent Complete: 45 Contract Start Date: November 2022 Completion Date: Current Project Owner Reference Contact Susan Gipson, Owner Telephone: 210-563-1755 — Address: 4101 Texas 6 Frontage Road, College Station, Texas 77845 Email: usan@theranchhd.com A/E Reference Contact: Robert Payne, RL Payne & Associates Telephone: 979-739-5921 Address: 1733 Briarcrest Drive Suite 108, Bryan, Texas 77802 Email: rpayne@rlpayne.com Vol. 5LPg.- ��'Z I Name and Location of Project TDC45A&M UNIVERSITY —HEALTH TECHNOLOGIES BUILDING Contract Amount $5,991,244 Percent Complete: 100% Contract Start Date: May 1, 2018 Completion Date: January 31, 2019 Owner Reference Contact John Clark Telephone: 979-450-4938 Address: 3128 TAMU 205-Q Wisenbaker Bldg., College Station, Texas 77843 Email: iclark@tamu.edu A/E Reference Contact: Nicole Barrios, Gensler Telephone: 713-356-7434 Address: 2 Houston Center 909 Fannin Street, Suite 200, Houston, Texas 77010 Email: nichol—barrios@gensier.com Vol. pg. M-11 Name and Location of Project BRYANMEDICAL CENTER -- MEDICAL OFFICEREMODEL 2900 E. 291" Street, Bryan, Texas 77802 Contract Amount: $895,214 Percent Complete: 95 i Contract Start Date: May 3, 2021 Completion Date: November 4, 2021 y Owner Reference Contact Dan Cornelius, owner representative Telephone: 512-800-3373 Address:1320 Country Lake Drive, Austin, Texas 78732 Email: do@channelventure.net A/E Reference Contact Kelsie Srnensky, SZH Architecture Telephone: 979-779-5757 Address:1711 Cavitt Avenue, Bryan Texas 77801 Email: kelsie@szharchitecture.com voi pg. /9� Li 4.1 REFERENCES I__ -I marek BROTHERS CONSTRUCTION, INC,Mi A NEW COURT FACILITY FOR BRAZOS COUNTY JP COMPLEX — PRECINCT 1 PROJECT NUMBER: 2021-2120 RFP - CIP 22-636 Marek Brothers Construction 15797 F.M. 2154 College Station, TX 77845 979-696-5562 Vol., pg. A.4.1 Client References DAVID GLOCIQIN ENGINEERING FACILITIES & CONSTRUCTION MANAGER TEXAS A&M UNIVERSITY ENGINEERING EXPERIMENT STATION 979-574-1798 (MOBILE) TEXAS A&M UNIVERSITY - LASR BUILDING IOHN CLARK TAMU ENGINEERING TEXAS A&M UNIVERSITY 979-450-4938 (MOBILE) TEXAS A&M UNIVERSITY - AEROTHERMOCHEMISTRY LAB EXPANSION/LIDAR TEXAS A&M UNIVERSITY - HEALTH TECHNOLOGIES BUILDING HEATHER LENCH DEPARTMENT HEAD PSYCHOLOGY TEXAS A&M UNIVERSITY 979-845-0377 (OFFICE) TEXAS A&M UNIVERSITY - PSYCHOLOGY - RENOVATE VIVARIUM & WET LABS SAM URSO PRESIDENT-BRYAN MAIN PROSPERITY BANK 979-324-4594 (MOBILE) 0 A.4.4 Trade References IMPACT FIRE SERVICES 4700 Elmo Weedon Rd. Ste.105 College Station, TX 77845 (979) 703-1869 Contact Chris Holcomb ELITE ELECTRICAL, LP 4700 Elmo Weedon Rd. #107 College Station, TX 77845 979-703-6200 Andreas Pavlatos - MORAN'S DRYWALL BUSINESS, LLC ELECTRA LINK INC. i 810 Montgomery Road 21755 Interstate 45, Bldg.10 L Navasota, TX 77868 Spring, TX 77388 (936) 870-5741 (281) 350-6096 _ Contact Ivan Moran Contact Jared Carnley EXOTECH CONSTRUCTION, LLC SIEMENS INDUSTRY P.O. Box 98 2900 Finfeather Rd. Kurten , TX 77862 Bryan, TX 77801 (979) 393-0204 (979) 823-4793 — Contact: Michael Modock Contact Johnny McDonald SOUTH CONSTRUCTION, INC. R.EC. INDUSTRIES, INC. 5175 Collette Lane P.O. Box 4868 Bryan, TX 77808 Bryan, TX 77805 (979) 589-3782 (979) 776-6111 Contact Mike South Contact Craig Lewis l SPECTRA FLOORING DAILEY ELECTRIC INC. 7425 Pinemont Dr. Ste. 150 8330 Jones Rd. -- Houston, TX 77040 College Station, TX 77845 (713) 934-7429 (979) 696-4044 i Contact Mike Bogue Contact: J.E Clayton Vol. _J P . /17 J A.4.3 Bank Reference Letter J PROSPERITY BA O March 3, 2020 To Whom It May Concern: Prosperity Bank has done business with Marek Brothers Construction, Inc. for over ten years. ` During this time, Prosperity Bank has enjoyed an excellent business partnership with than. Both Pat and Joe Marck am outstanding individuals and run Marek Brothers Construction writh the -`; utmost integrity and insist upon excellent customer sefvice from all Ortheir employees. We have partnered with them in building several of our banks when we were State Bank prior to being purchased by Prosperity Banff. Prosperity Bank continued to use March Brothers Construction, Inc. on other projects after the acquisition of State Bank due to the quality of thrar workmanship and the way in which they conducted their busing This included a major reanodel of the current bank at tt,e location that I serve as the President.'ilte cost on several of the projects was in excess of a million dollars. Currently the Marek's have balances in deposit accounts in our batik in the low ser'era figure range and loans in the medium six figure range in personal and entity accounts. I have personally worked with Marelt Brothers Construction, Inc. an several other construction projects where we were the tender of record, I have always enjoyed working with them when they were the contractor on construction projects due to the nzry that they take care of business in a professional and courteous fashion. Piece cell me at l'� number below if you have any questions. Si .ly, + -, ,Sam Urso Presiden -Bryan Main Bryan aankimp Cmur 3807 Sau1h Tens Arrnue DryogTeae:?3M.+-5326 V-9.7794119 Far. 9T"-13-2985 S�II!lill: srtrM.tfrb�mtsithlhaaltl�..rdp emal't br)tlO1.j',;m;pMkybsnULcwm J 1^ - vol. Cpg. /1� C.5 Surety Reference Letter 5eruke Insurance Group � , �' 33mt} t:�narate canaartutue PCi Boa S3S3 j surcene�anka 6eyan-Ca$eg�g£$,�f77ffiTS-iaa�3 989.374-4M - Fax 479.7M3i`iS • Sen'trein3groUpiM l March 35, RE: Marek Brothers Construction Inc. _I Ta W horn it May Concerm Assm ety agpnr4 we and Phitadelphia tndernnity Ccmpaay hrm been the surety provider for Marek Brothers Construction Inc foralmost 5 years v»tb agent rBant relatioraslaipgoiag hacF at least 2ID years - While Phitzdelphla indemnity doesn't currently have a set 11mit we are aaroentiy seeing agpnrMs for single projects in the range of ores $10.000,CM and aggregate of $13,51M IDM We and Philadelptila Indemnity Company would favamldy consider any reasunable meque'st from Mamk Brothers Construction Inc. to provide bid, performance and pagrnent bonds on prtgects they we currently contemplating_ Such prequaGfication and approval avaold he conditioned upon applicable undemn icing considerations such as acceptable contract terns & candit5ams, board farms and confirmation of sarisfactory fik-ranang as well as a favorable review of current under aniting information at the time bands are mequested_ Marek Brothers Construction Inc is a valued, mull-,r*zr cuswmer of Service Insurance Group, Inc and We and the multiple carriers that provide d it coverage;, including Philadelphia Indemnity Cornparny as surety, recommend them highly. Any arrangement to Qariwide bid hands and/or final hands is a matter between hUrek Brothers Construction Inc. and Philadelphe Uademnity Company, andwe mar they assume j ! any liability to third parties by this letter if we or the surety do not execute said bond(sl Please contact me %vith any questions or concerns, i Thanks-] Bradley Hurt Exec Vice President - headlmy@servrceensSroui -rum `_ j Vol. Pao l l F Letter of Recommendation To Whom It May Concern, My name is Dennis Norris and I am a project manager for Bryan Texas Utilities. I have worked with Marek Brothers on several projects throughout the last several years. Our relationship ' has always been one of professionalism. I have come to consider Marek as one of my top contractors. I always make sure that when a bid goes out that they are notified. ' 1 first met Marek Brothers at a mandatory pre -bid meeting. The amount of questions they ! J asked far exceeded any other company in the room. I was struck by the fact that they had actually r read the drawings and specifications and most likely already had looked into some of the systems enough to ask intelligent questions. Moreover, all of the questions they asked in the beginning highlighted issues we would have later in the job. This helped us to make a plan early on. The job went smoothly and was completed on time and on budget Marek Brothers has done several jobs for BTU at this point and each of those jobs has been easier than the last for BTU. Marek does not just take on a job so much as they attack it They surround it on all sides -' and through planning on their part and a list of capable subs, they attack. I have personally put some very tight timelines on them, and they make it work. This description sounds a little dramatic, but it is the most accurate way that I can describe the Marek style. I do not usually write letters of reference. 1 believe that a job should go relatively smoothly, and that professional services and contractors should notice problems early on and work to minimize change orders. I believe that we should be able to hire capable professionals and have regular meetings about how well and how on time a job is progressing. That is a bit of a utopian view, but Marek is, after all a bit of a utopian company. Sincerely, Dennis Norris Project Manager Bryan Texas Utilities Vol. '56'Z' P. i Letter of Recommendation ! E , , 7 HO I �I 1 Nf hL/s'NC6f}161 i74�fM86 LJ Decay baw y, 2018 To Whom IT May Conown: Building out an offrcia space, constructing a new, bultding, or just doing a brief up fit can be very challerrgvrg it you do not have the right service partner (general contractoT). In addition, if you do not have a service partner who is trustworthy, committed, open-rninemd, transperant, aird is your biggest propvneni throughout ever; phase of your project, your invomment and build -out vAII not be a s7,+ccess. l kept this its mind as I wras faced %Ath selw4ing a service partner in C4 lage Station, Tayas to buitd ouL a rir±ty afitos space for our local operatlr ris team. t4 biggea4 challenge was not only picking a great partner butt t was located in Ghartotta, NC, not _z exactly a iocaf presence for me. Through our FIFP p=e:ss I wee$ rrilroduced W Marek Brothers Gonstrucilon, Inc.. and they could not have been a batter fig for our project. I worked closely vrith Brian MoNlullin, Patrick tolarek, and Tray Tarwer, who %bate ezrarmoly rosponsiile and always had our company's be6l interest in mind th roughow the entire pmjeot. -' As you go through your seiection pne,,cess for choosing a servi'ee partner for your upcoming project, I would recommend you giva serious consideration to tvlarek Brothers and their team of great people. It Is all about the Eight Pit and If you alto -a Marek Brothers file appartunily to have inleraction with yuu and your turn, you will find they are great people and will help you het the most out of your inyeStmant. They have a great resource pool of profes9ionalg to make it happen and are verb. proactNa In value -en Inmintg, perraitting, and staying on schadulla. Good lucP fn pur eivaluafions .and I believe you will have a great deal of Confidence and support should you dcoido on Marok Brothers as your partner of choice. - Sincerely, _ f -� Jimmy Uppard V"" President of Float Estate & Facllsties Premier Inc. ariSt ;testa: rzt, C:[;Xn1r �t+-a T :0'.3.`•;?�i2 ( •:l.�rr.•1n:a;..::�:traa; :��a 7 .L'i.i i.'.'ty�t� PA�4IEP.�N�..CG�! tt.:w.z. 25 �: we62XV-10.rJfmCC.1ricl Vol. — p. r` i Letter of Recommendation January24 LO19 Engineering Design and Construction Sendces (EDtS) SSC Services for Education 600 Agronomic Rd, College Station, TX 77W tinps:jjfaaTitiestamu.edulengineering-desigrn-construction senr6cesj A memberof Compass Group USA, int To Whom It May Concern: 1 am writing to recommend Marek Brothers Construction as a trusted General Contractor I was fortunate to have partnered with on 3 projects daring the last 3 years My first opportunity vms the remodel of a new suite forTAMU School of Pubric Health, Office of Research- Marek Bros, was awarded the 5-month contract to convert the TO floor open area in building 1515 into a suite vAth 15 offices, a lobby, and conference room- Vftt. a a deadline to meet Marek completed the project on time and vtithin budget, addressed change order requests from the client and stakeholders, and remained available during the warranty period to promptly address a few sera 11 items- Mearek Bros_ then aeon the bid to convert an old mail and custodial service area into a modern rehah center (Athletic Training%enter} for TAMU Corps of Cadets- Working in close cooperation with the Corps Leadership and CH St. €oseph Health Sports Medicine Personnel, the Alf design was achieved, and the old facility upgraded as scheduled- This was the first remodeling phase of the area that link Adams Band HaOl - and Duncan Dining Hall. The second phase was also awarded to Nlarek Bros acid it turned out to be a much more challenging and major upgrade of the 50+ year old Military Property Warehouse (rVTPW). The 35 month long construction project was delayed for 1 month due to funding issues Without extending the completion date. Further value engineering (M had to be completed after the contract was awarded in order to reduce the initial budget The construction team was further hit. withnumemusunexpected issues discovered during - construction, some which forced design Changes by the A/E team- The project was completed and the facTi ml opened in time for the star of the Spring 2018 academic semester - In all these projects, Marek's leadership PM's site superintendents, and support staff showed great professionalism and a> 0rigness to wank with SSC Services, TAMIJ clients, and stakeholders. Even when pressure mounted and contentions issues had to be addressed, did the staff show respect All requests were addressed in a timely manner and when needed, beyond what was asked_ No surprise change orders were handed fn and during the substantial completion and warranty periods they were quick to address punch list items. If another opportun ity would arise to partner on a project, I would work vrith Marek Brothers without hesitation. Thank you y�».yes rvAr i Hannes Furter (Project Manager II) 979-435-61= j Hannes-Furtergsstseru-cone Vol. Pg. 2-0'�- ABILITY & QUALIFICATIONS OF PROFESSIONAL PERSONNEL RRr.-1rH =R.1:� r.(')N!RTR( 1rTIC)NI 11Nlr A NEW COURT FACILITY FOR BRAZOS COUNTY JP COMPLEX — PRECINCT 1 PROJECT NUMBER: 2021-2120 RFP - CIP 22-636 Marek Brothers Construction 15797 F.M. 2154 College Station, TX 77845 979-696-5562 Vol.. � pg. C.1 Project Organization Chart — Confidential Office Manager Angela Kubacak Mason Dunn Estimator Emerson Macz Project Manager Pg o o Marek Brothers Team voI. pg. t; i Brian McMullin Owner & Safety Manager Brian brings over 25 years of experience in leadership roles to the Marek Brothers team. He is involved in general oversight during all phases of construction, leveraging his management -experience to provide the best construction product. , Brian is responsible for overall construction management and construction phase services. Management of areas under his direction include new business development, client relations, cost control, estimating, value engineering, systems analysis, quality control, project coordination, safety, expediting, negotiations, purchasing, and scheduling. He works to ensure Marek Brothers is providing its clients with project performance, quality, and lasting value. MAREK TEAM 25 Years of Experience Background Master of Business Administration, Sam Houston State University Bachelor of Science, Baylor University Certifications OSHA 10 Procore Project Manager Certification Selected Project Experience Texas A&M University, College Station, TX Health Technologies Building Uniform Distribution Center Registrar's Office CEITTI Tower School of Public Health Psychology, Vivarium, Wet Labs, and Behavioral Testing Suites CapRock Emergency Center, Town Point, College Station, TX CapRock Urgent Care, Century Square, College Station, TX CapRock Emergency Center, Jones Crossing, College Station Texas A&M Ventures, Learfield Sports, College Station, TX ST Genetics/Sexing Technologies, Various Projects, Navasota, TX BTU Fiscal Office, Bryan, TX Post Oak Mall, Various Projects, College Station, TX Premier, Inc., College Station, TX Hemline, College Station, TX City of College Station, College, Station, TX Community Center Adaptive Reuse Traffic Operations Center Premier, Inc., College Station, TX Pure Barre, College Station, TX Stanton Optical, Killeen, TX BTU QSE, Metal Building Office Renovation, Bryan, TX Wellborn Special Utility District, Water Line Improvements, Wellborn, TX Stanton Optical, College Station, TX Suit Gallery at Post Oak Mall, College Station, TX Stanton Optical, Shell Improvements, College Station, TX H&M at Post Oak Mall, College Station, TX City of Madisonville, Water Line, Madisonville, TX - Patrick Marek Owner With an extensive background in leadership and management, Patrick is responsible for managing all Marek Field Operations. As a seasoned and organized manager, he has the exceptional ability to manage the construction process and the people involved. He is dedicated to providing the highest quality construction for his clients. MAREK TEAM 97 Years of Experience Background Bachelor of Science, Texas A&M University Certifications OSHA 10 Procore Certified Selected Project Experience Texas A&M University, College Station, TX Health Technologies Building Evans library School of Public Health Uniform Distribution Center CEfTTI Tower Adams Band Hall/Corps Rehab Aerothermochemistry Psychology, Vivarium, Wet Labs, and Behavioral Testing Suites CapRock Emergency Center, Town Point, College Station, TX CapRock Urgent Care, Century Square, College Station, TX CapRock Emergency Center, Jones Crossing, College Station Texas A&M Ventures, Learfield Sports. College Station, TX MediCare Equipment Specialties, College Station, TX Fujifilm Diosynth Office Remodel, College Station, TX Premiere, Inc., College Station, TX Twin City Mission, Bryan, TX Alice's Attic, Bryan, TX BTU Fiscal Office, Bryan, TX Twin City Mission, Bryan, TX Post Oak Mall, Various Projects, College Station, TX St. Marys Church, Caldwell, TX Premier, Inc., College Station, TX Stanton Optical, IGlleen, TX ST Genetics/Sexing Technologies, Navasota, TX Wellborn Special Utility District, Water Line Improvements, Wellborn, TX Patrick enjoys working in a fast -paced environment and utilize Stanton OFti .College station, Iry his strong leadership skills to build up his team. He oversees the Suit Gallery at Post Oak Mall, College Station, TX field staff and is responsible for the progression of work in the Stanton Optical, Shell Improvements, College Station, TX field. He communicates directly with trade contractors and the H&M at Post Oak Mall, College Station, TX design team concerning project cost, staffing, and scheduling. City of college station, Community Center Adaptive Reuse, H is tr fi d it d k' h College Station, TX e lnspec cons uc on sites a y an wor s wit trade contractors and vendors to schedule deliveries. Patrick's direction and leadership ensure all projects are completed within the given budget and fimeframe. Vol. 54�L pg. U 7 v Emerson Macz Project Manager Emerson's thoroughness and detail - oriented approach to a project ensures a well -managed and efficient project through all phases of pre -construction, construction, and closeout. With over 20 years of experience in military, healthcare, academia, and multi family projects, Emerson, brings a wealth of,, invaluable expertise to the Marek Brothers team. He focuses on submittal approval, requests for information, and general documentation of work. He works to facilitate construction progress as scheduled and in adherence to contract specifications. He implements the quality control and commissioning plan and inspects all systems and trades for quality and craftmanship, investigating and resolving any issues that may arise. MAREK TEAM 20 Years of Experience Background Bachelor of Science, Texas A&M University Certifications r ACI Concrete Field -Testing Technician Grade I ACI Concrete Transportation Construction Inspector OSHA 30 Outreach Training U.S. Army Corps of Engineers Construction Quality Management for Contractors Selected Project Experience Texas A&M University, College Station, TX Health Technologies Building Psychology, Vivarium, Wet Labs, and Behavioral Testing Suites CapRock Emergency Center, Town Point, College Station, TX CapRock Urgent Care, Century Square, College Station, TX CapRock Emergency Center, Jones Crossing, College Station McAllen Medical Center OR Renovations — McAllen, TX ABIA West Parking Garage, Austin, TX RGAAF Paving Repair, Fort Hood, TX TVMS Canopies, Fort Hood, TX THAAD COF's, Fort Hood, TX UTPB Student Housing Phase VI, Odessa, TX UTPB Student Housing Phase VI, Odessa, TX Fort Hood, Remodel Motor Pool 35023, Fort Hood, TX Armed Forces Reserve Center, Lufkin, TX McAllen Medical Center OR Renovations, McAllen, TX Pecos County Memorial Hospital Wellness Center Additions, Ft Stockton, TX San Antonio College Nursing and Allied Health Building, San Antonio, TX Texas State University Speck Street Parking Garage, San Marcos, TX Gulf States LTACH of New Braunfels, New Braunfels, TX Carver Academy Interior Finish Out and Sports Field, San Antonio, TX Dr. Frank Bryant Health Center, San Antonio, TX University of Houston, Houston, TX Science and Engineering and Auditorium Buildings 'Utility Knuckle' Construction University of Houston NOX Re-duction Facility, Houston, TX Bay Meadows, San Mateo, CA Jefferson at Town Center I & II, Santa Clarita, CA VOL _30- pg.� 8 ri 1 Mason Dunn Estimator Mason is responsible for all facets of construction business including cost estimating, conceptual estimating, project management, and proper quality control. He is invaluable to understanding and determining construction cost. I Mason brings construction professional experience in both operations and pre -construction to the Marek team. His thoroughness and foresight ensure proper cost accounting and allocation of resources throughout the pre -construction and construction phase. Mason ensures transparency and innovation during design and bidding processes, allowing client's visions to become a reality, while maintaining control on costs and scheduling. MAREK TEAM 7 Years of Experience Background Bachelor of Science, Texas A&M University Certifications OSHA 10 Procore Certified Selected Project Experience Texas A&M University, College Station, TX Health Technologies Building Psychology, Vivarium, Wet tabs, and Behavioral Testing Suites Lighting Improvements LASR Building Expansion CapRock Emergency Center, Town Point, College Station, TX CapRock Urgent Care, Century Square, College Station, TX CapRock Emergency Center, Jones Crossing, College Station City of College Station, Community Center Adaptive Reuse, College Station, TX ST Genetics I Sexing Technologies, Various Projects, Navasota, TX Pure Barre, College Station, TX BTU Fiscal Office, Bryan, TX Post Oak Mall, Various Projects, College Station, TX OrangeTheory Fitness, Various Locations Shell Appomattox Living Quarters Tulane University, Dining Commons, New Orleans, LA FujlFilm Diosynth Biotechnologies, Corporate Gym E . ��� pg. �.1 �f ll r� ii i+ I� Superintendent I �Y f� �J r-; 30 Years of Experience r Background 30 Years of Experience in Construction Certifications OSHA 10 Procore Certified Jim Millar Jim oversees the day-to-day site construction operations of our employee crews and sub -contractors. He is responsible for the project schedule, ordering materials, and interactions with inspectors, owners, and sub -contractors. He has experience in mass excavation, building excavation, site grading and site remediation. Jim leads and manages field operations on their assigned projects, including supervising field personnel, manage subcontractors and vendors, quality control, safety management, and equipment utilization and coordination. He provides overall on -site administrative and technical management through planning, coordination, and supervision of craft employees to ensure the project is constructed in a safe manner and in accordance with design, budget, schedule and quality. MAREK TEAM Selected Project Experience Texas A$M University, College Station, TX Psychology, Vivarium, Wet Labs, and Behavioral Testing Suites Aerothermochemistry — Lab Expansion Lighting Improvements LASR Building Expansion Hotel AG 5 Softball Field- Davis Diamond Standard Supply, Bryan, TX Climate Doctors, Bryan, TX Blinn/RELLIS, Bryan, TX TXDOT FM 2154 2 Lane to 4 Lane Texas Ave — University to 2818 SH21, West of Caldwell 2 lane to 4 lane divided highway SH 155, South of Frankston 2 lane to 4 lane divided highway Rehab SH6, Hearne Rehab Power Plant, Oak Grove, TX FM 2154 2 Lane to 4 Lane Texas Ave Vol. � Pg. 021 � L' METHODOLOGY & COST CONTROL ma-reh BRCTI ILERS CONSTRUE TION, INC". A NEW COURT FACILITY FOR BRAZOS COUNTY JP COMPLEX - PRECINCT 1 J PROJECT NUMBER: 2021-2120 - RFP - CIP 22-636 j: Marek Brothers Construction 15797 F.M. 2154 College Station, TX 77845 979-696-5562 Methodology & Cost Control Measures Marek Brothers Construction, Inc. has a reputation built on high quality, competitive pricing, and fast turnarounds. Marek Brothers Construction is capable of handling multiple and diverse projects simultaneously. We have the manpower and time to complete the project We plan to approach this project by utilizing our relationship with our subcontractors and self -performing certain activities. We have an extensive list of subcontractors that we can use for any project To ensure timely completion of projects, Marek Brothers Construction depends on its relationship with its subcontractors and has a strong group of reliable key subcontractors in which relationships have been built over many years. i_ Utilizing ProCore, a state-of-the-art, cloud -based project management software, we can achieve an enhanced collaboration between architect, engineer, owner, general contractor, and subcontractors -; by providing streamlined project communication and documentation. We will provide daily on -site supervision by an experienced Field Superintendent whose sole responsibility is the successful and _ timely completion of the project at hand. Daily photos, documents, submittals, RFIs, schedules, and i drawings can be viewed and managed from any web -connected device. Real time data and t_ accessibility keeps the team on the same page with instantaneous updates. We begin by carefully reviewing plans and specifications, creating a budget, and a schedule. We assess information concerning construction means and methods. We gather bids from trusted subcontractors and examine them for accuracy and completeness. We can then make detailed and educated decisions regarding planning, building, and management of the entire project With all projects, we manage money like it is our own. We use a combination of PlanSwift Estimating software, BuildingConnected for managing bids, and constantly review budget/projection actual costs. i` a O1. _��� Pg. A/'�_ j t I Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100 ss'+IGE' 4sFAtIES' - Bala Cynwyd, PA 19004 �l3sris�[�ttti?��lisiip�Girr� BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, Marek Brothers Construction, Inc. Principal, and PE09 ADELPHIA INDEMNITY INSURANCE COMPANY, a corporation authorized to transact a general surety business in the State of Texas, as Surety, are held an firmly bound unto Brazos County JP/ Constable Precinct 1 (hereinafter called the Obligee)in the full and just sum of Five percent of the greatest amount bid "GAB" ($ 5% of GAB l for the payment whereof in- lawfW money of the United States , we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIAL has submitted the accompanying bid for: 2021-2120; JP Complex, Precinct 1, Brazos Co., TX NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with _ another party- to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 30th day of May , 20 22 Marek Brothers Construction, Inc. PHILADELPHIA INDEMNITY INSURANCE COMPANY HLIit ^�� �:ttoaley-ln-F�ct(Seaf) Vol. Pg. 02/�3 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 _ Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Bradley Hurt, Donna Beeler, Joel Fults, Rodney Hurt, Nickolas Robert Lutz III and/or Robert Rainey of Service Insurance Grouo. Inc., its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of i PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 141h of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attornay(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. a.* ' UT � 3 (Seal) Philadelphia Indemnity Insurance Company On this 51s day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public. tfamnto�st_aRoalFt�NK+n�`' $taf Jl �"'•"'�'L'-`�.�� -- tfmiasirMefcensle,iVotary_ ..Mbn'tgameryCod"a►y:• _ Myt�mmlagioiim�plr�NovemCer3i,202a � • ... CoRireidsiottrmtii6ent08635A . h(OMWIT Qr.�!_rylyer afl101?5iq•Net!rte?• residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 51s day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President was on the date of execution of the attached Power of Attorney, the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, %� �I In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company thjZkAy of "may' _- a• - � -� '�-92,7'' Wig'-•� - _ Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Vol. ___� �o PHILADELPHIA INSURANCE COMPANIES 1 tit+-Johi rut 11101112h I Ulllillr (:jteslfl IMPORTANT NOTICE To obtain Information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-877-438 7'459 You may also write Philadelphia Indemnity Insurance Company at: One Baia Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800 252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: httg:!lwww.tdi.state.tx.us Email: ConsumerProtectionOtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety 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 document. ADVISO IMPORTANTE Para obener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de para Informaclon o para someter una queja at: 1-877-438-7459 Usted tanblen puede escribir a Philadelphia Indemnity Insurance Company: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir at Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: htt0:1Avww.tdi.state.tx.us Email: ConsumerProtection(a)tdLstate tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si gene una dispute concemiente a su prima o a un reclamo, debe comunicarse con el Surety primero. Sl no se resuelve la disputa, puede entonces comunicarrse con el departamento (TDI). UNA ESTE AViSO A SU FIANZA DE GARANTIA: Este aviso es solo para proposito de informacion y no is convierte en parte o condiclon del documento adjunto. vol. Pg. �l�� A� V CERTIFICATE OF LIABILITY INSURANCE DAT 05/3030/1201Y2 022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy()es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen s . PRO DUCER Service Insurance Group, Inc. PO Box 5753 3840 Corporate Center Dr CONTACT PHONE Pax " 3900 ACIMSSI EMAIL kacey@serviceinsg—oW.com Bryan TX 77805-5753 INSU R S AFFORDING COVERAGE NAIC S INSURER A .Texas Mutual Insurance Co=my 2945 INSURED INSURERS I INSURER C:Kinsale Insurance Marek Brothers Const., Inc. P.O. Box 9715 INSURER D:Scottsdale Insurance Company INSURER : College Sta. TX 77842-9715 INSURER F yTHIS S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS .CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE•AFFORDED'BY THE POLICIES, DESCRIBED HEREIN IS,SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED* BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUER POLICY EFF POLICY M(P (' X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X X 0100051194-5 5/11/202 05/11/2023 E&H,(0C URRENCE $ 0 0 0' DAMAGE TO RENTED S 100,000 MED EXP (Any one ersort S 5,000 PERSONAL & ADV INJURY S 000 000 GEN'LAGGREGATE LIMIT APPLIES PER POLICY F JECT LOC GENERAL AGGREGATE S 2000000 PRODUCTS - COMPIOP AGG $ 2,000,000 S B AUTOMOBILE LIABILITY X X 60504332 5/11/202 05/11/2023 COMBINED SINGLE LIMB $ 1,000,000 X ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS BODILY INJURY (Perperson) S BODILY INJURY (Per accident) S PROPERTY DAMAGE g S D X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMSJIRADEF —SO164194 5/11/202 05/11/2023 EACH OCCURRENCE $ 10,000,000 AGGREGATE S 10.000.000 X I REMN110N J 0 ---- $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNSWEXECUTIVE OFFICERIMEMSER EXCLUDED? (Mandatory In NH) If s, desaLe underRATIONS below NIA X SBP0001110938 10/29/202110/29/2022 X PER OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L.DISEASE - EA EMPLOYEES 1.000.000 E.L. DISEASE -POLICY LIMIT 1 $ 1000 000 B Rented Equipment; Actual 60504332 5/11/20 05/11/2023 Max Rented Item 250,000 Cash Value Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Addillonal Remarks Schedule, maybe attached B more space Is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Brazos County Justice of the Peace; Precinct 1 ACCORDANCE WITH THE POLICY PROVISIONS. 412 Wm D Fitch Pkwy College Station TX 77845- AUTHORIZED REPRESENTATIVE Vol Fax: (0,I79)695-0324 ©1988-2014 ACORD CORPORATION. All rights reserved. —ACORDK5'( MIO I) The ACORD name and logo are registered marks of ACORD ..,+djo a � n .� OI A NEW COURT FACILITY FOR BRAZOS COUNTY JP COMPLEX -- PRECINCT 1 PROJECT NUMBER: 2021-2120 RFP - CIP 22-636 Vol. Pg,9j7— June 10, 2022 Ms. Kaitlyn Battles Brazos County Purchasing Office 200 South Texas Ave., Ste. 352 Bryan, TX 77803 Re: JP Complex — Precinct 1 Project No. 2021-2120; RFP - CIP 22-636 Best and Final Offer Dear Ms. Battles Thank you for opportunity to submit our Best and Final Offer. We reviewed the scope, price, and timing with our subcontractors and developed our Best and Final Offer. We are confident that we can complete all deliverables within the allocated time frame for the attached price. We look forward to the opportunity to contribute to the completion of your project. If you have any further questions, please do not hesitate to contact me at 979-696-5562 office / 832-247-8577 cell or brian.mcmull in@marekbrosbcs.corri. Sincerely, 4�>� Brian A. McMullin, Owner CIP 22-636 JP/Constable Precinct 1 Building — Best and Final Offer Due Friday, June 10, 2022 — 2:00 PM CST Firm's Name: Marek Brothers Construction 1. Pricing for all materials and work included in the base proposal: $ $ 1,698,500.00 a. Pricing in word format: one million six hundred ninety eight thousand five hundred dollars 2. Time to substantially complete (99%) proposed work: 180 a. Total Number of days in word format: one hundred eighty calendar days 3. From substantial completion, final completion will be attained in: 30 calendar days a. Total Number of days in word format: thirty 4. From award by Commissioners' Court and receipt of a purchase order, respondent can begin work in 14 calendar days. a. Number of days in word format: fourteen days. 5. Alternate Prices: a. Alternate Price No 1: $ 81,000.00 b. Alternate Price No 2: $ 3,500.00 c. Alternate Price No 3: $ 25,000.00 5. Pricing for all materials and work including all three Alternates: $ 1,808,000.00 a. Pricing in word format: one million eight hundred and eight thousand dollars b. Additional time required for all three Alternates: 0 days R�iw11� o CY��� p p !/ l l Yes 6. What do you consider your longest lead times for this project? See attached clarification. a. Do you anticipate these lead times will affect your final schedule? See attached clarification. All Terms & Conditions of the RFP & Addenda apply to this Best and Final Offer Proposer's Name: Brian McMullin Position/Title: Owner Proposer's Signature: Date: ( {22 2 i Clarifications Allowance for WAPs removed from bid per direction that Brazos County IT will provide. Not included in our final pricing, there is a potential Value Engineering deduct of ($15,000) for PVC plumbing underground in lieu of cast iron. - Material Lead Times Storefront Material - 6-8 weeks Storefront Door & Hardware -12-16 weeks ~ Trusses - 8 weeks Carpet Tile —12 weeks LVT — 6 weeks Optical Fiber Cable — 4 weeks Flagpole — 6 weeks HVAC Equipment — Carrier was in stock at time of bid. We have now been notified it is a 28-week lead time. Amana equipment is in stock and can be procured for equal cost. Inability to deviate from Carrier spec will extend project schedule dramatically, as equipment would be approximately 31 weeks out from contract award. This would push the project schedule 2 months and create down time. "All Lead times are post shop drawing / submittal approval. Allow approximately 2 weeks for submittal + A/E review. Vol I. Pg . 02�/ f Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 - FAX (979) 361-4293 May 27, 2022 Fort Bend Services, INC 13303 Redfish Lane Stafford, TX 77095 Re: Renewal of'Corrtrart #23-00SR fin- H,'ater Ti-eatucertt for Brazos Corrrrtl. Brazos County appreciates the quality work your company has provided and would Pike to exercise the renewal option for Water Treatment 23-005R, previorrslt) known as21-010. All terms, conditions, and pricing shall remain the sauce. This renewal tern will be for one year from October 1, 2022 to September 30, 2023. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Sdubec a brazoscountytx.gov or fax to (979) 361-4293. Please then submit an updated Certificate of Insurance by entail 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: Christy Leblanc Title: Sales and Operations Coordinator E-Mall: cteblanc@fortbendservices.com Telephone: 251-261-5199 FORT BEND SER CES, INC - <::i_ 5/27/2022 Authorized Wgnature Date OUN Duane Peters, County Judge Lo I a r I a-0a.�. Date Vol. fig. ��� BID TABULATION IQ #23-00511 Water Treatment Previously known as 21-010 October 1, 2022 - September 30, 2023 Type of Inspection Fort Bend Services, Inc r Cost Quantity inspect/Treatment Cost/Year Closed Water Loop Inspection 17 $20.00 Quarterly $1,360.00 Open Water Loop Inspection 1 $515.00 $6,180.00 Monthly Total Combined Inspectionsr� 18� `z `. $7,540.00 per Year �� g Recommend award to: Fort Bend Services, Inc. 5T App d by Comm' sioner's Co on this day of 2022 by the position of Co,.�-riTi U—ZLor E Vol. ��� _ pg. �a3 WATER TREATMENT SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. 21-010 Bryan, Texas 77803 Page 1 of 9 Pages Telephone (979) 361-4292 GENERAL REQUIREMENT FOR CONTRACT I, Joey Anderson as a duly authorized representative of Fort Bend Servics, Inc. "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this Contract. TERM The term of this Contract will be for two (2) years, with the option to renew with three (3) additional one (1) year periods. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this Contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the Contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the Contract with its present provisions and prices. AWARD Brazos County reserves the right to award this Contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended or extended Contract. Visit https://ethics.state.tx.us/whatsnew/elf info form1295.htm for more vow. pg.2�� 1 Y''~'• J t• BRAZOS COUNTY, TEXAS Contract No. 21-010 Page 2 of 9 Pages information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the Contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the Contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign Contracts for Brazos County. Binding Contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this Contract are estimates only. Brazos County does not guarantee to purchase any.minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed under terms of this Contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the Contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing ,facility that impacts the Contractor's cost in providing the services anticipated by this Contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent Contractor in good standing for the group in which the new location is appropriately situated. f �t Contract No. 21-010 BRAZOS COUNTY, TEXAS Page 3 of 9 Pages In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the Contract applies, all existing Contracts for services applicable to such location, the portion of this Contract that applies to such locations is terminated. All remaining portions of the Contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the Contract price and/or is otherwise incorrect, shall be corrected by the Contractor. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the Contract that are not used or provided by the Contractor in completion of the Contract. This term supersedes any contradicting terms throughout the Contract and/or any attachments. When multiple deliveries and/or services are required, the Contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the Contract. Prior to any and all payments made for goods and/or services provided under this Contract, the Contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this Contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the Contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Contractor and included in the bid prices. If. there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this Contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code § 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall Contract, Brazos County's interpretation shall govern. In the event of a conflict between the voj� n � A514 t , t Contract No. 21-010 BRAZOS COUNTY, TEXAS Page 4 of 9 Pages terms, conditions, provisions, and specifications of this Contract and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this Contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with -the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. DISQUALIFICATION OF OFFEROR Upon signing this Contract, an offeror offering to' sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code § 15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this Contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. V0 ���pg. 7 x Contract No. 21-010 BRAZOS COUNTY, TEXAS Page 5 of 9 )Pages TERMINATION Brazos County reserves the right to terminate the Contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the Contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent Contractors, and shall, name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies will be acceptable without prior approval by the Commissioners Court/Risk Management. , (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the Contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any Contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. .1 Contract No. 21-010 BRAZOS COUNTY, TEXAS Page 6 of 9 Pages COVERAGES/WAGES Nothing in this Contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including Health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution'of this Contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES , Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: Billing Info: Joe Strauch 281-875-5272 Tammy Faber-281-261-5199 Ext. 103 FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Contract and any extensions and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Contract No. 21-010 BRAZOS COUNTY, TEXAS Page 7 of 9 Pages ENTIRE CONTRACT This Contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or Contracts, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this Contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the Contract. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Contract and the Contractor or vendor agrees that the Contract can be terminated if the Contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this Contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this Contract if evidence exists of less than full compliance with this Contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. V01. P g. �� a Contract No. 21-010 BRAZOS COUNTY, TEXAS Page 8 of 9 Pages ROUSE 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" meansa 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: Fort Bend Services, Inc. Authorized Company Representative: Joey Anderson Chemical Sales Manager 13303 Redfish Lane Date: 8/3/2020 Contract #: 21-010 Contract No. 21-010 BRAZOS COUNTY, TEXAS Page 9 of 9 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this Contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: Title: Chemical Sales Manager Typed Nam / Joey Anderson Company Name: Fort Bend Services, Inc. ( Phone No. Email Address: janderson@fortbendservices.com Mailing Address: P.O. Box 1688 P. O. Box or Street Employer Identification Number: 74-2144642 281-261-5199 Stafford Texas City State 77497 Zip ed by ommissi rs' Court on this _day of 2020 by Holding the position of 0 , t, eI�-. L BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2022 - Fence Replacement - Road and Bridge NUMBER: I&GN Road - Dorothy Santina and Nancy Seaman - 900' of barbed wire fen DATE OF COURT MEETING: 6/21/2022 ITEM: Consider and take action on a fence -building estimate from Dorothy Santina and Nancy Seaman in the amount of $7,100.00 to construct a 5-strand barbed wire fence along I&GN Road. Estimate includes all materials and labor. County has acquired new right of way and this will allow for utility and roadway construction to proceed without any delays. Site is located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: ' 06/13/2022 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT $0.00 SOURCE OF FUNDS: 56001000-80710000 - Right of Way Acquisition ATTACHMENTS: File Name Description Type Fence Replacement - I GN Road - Fence Replacement - I&GN Road - Dorothy Dorothy Santina and Nancy Seaman - Santina and Nancy Seaman - 900' of barbed Backup Material 900 of barbed wire fencing along with ates and 8 braces.pdf wire fencing along with gates and 8 braces APP Duane Peters Date County Judge G BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2022 - Utility Permit - Wildfire Road and Bridge NUMBER: Energy Operating - Edge Cut Off and Deep Well Road - Temporary W DATE OF COURT MEETING: 6/21/2022 ITEM: Consider and take action on the Wildfire Energy Operating, LLC utility permit to install a temporary 12" Polyurethane water line within and along the right-of-way of Edge Cut Off Road and Deep Well Road a distance of 2.12 miles. Project will provide water to an oil well. Site Is located in Precinct 2. TO: Commissioners Court FROM: Darrell Koiwes DATE: 06/16/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 AMCHMENTS: File Name DescriplLom Type tifty Permit - WildfireEnergy—operating - Utility Permit - Wildfire Energy Operating - Edge Cut Off and Backup Material Ed9eCut Off and Deep Well Road - Deep Well Road - Temporary Water Line Tern porary Water Llne.p-df Al�P1I� Ial�aa. Duane Peters Date County Judge .APPLICATION:FORMATER UTl1LYTY PERIl11I'I';,._ DESIGNATING°PLACEMENT-OF-UTILITY=IN COUNTY RIGHT OF WAY -TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS " - :Pursuant -;to:: the Texas Utility --Code, ._Section .-181.024; comes now. V�ildfure. Energy Operating.- LL-C [company," 0>rbj, herein after-7.refereed to as -"Company' a Texas-fstukj'zCorporkiioii, with authdrity.to transact �bitiness .in Texas, acting liy, and through -its duly ffuthorized'representa6' and hereby petitions the County Engineer' for the right to lay, coristruot,_ maintain, repair andlor operate.a water line under and/6r along certain County Roads as j 'shown on dmvvirigs and diagri'm' s-attached hereto and said location described as follows:'.: Facility to Cross Road Road Name & Block Number Length of Gossip TYPE Or CONSTRUCTION - .. {CHECK ON1;1 Bored. lacked Driven Cased - E�ncilitE la Pnrnllct Courtly Ri}iiJ Wilh"�Riehi-t.)� Wnv -� - . • - Road Name and Block :. Nuinbcr; : From To ih :. Distance Edge Cutoff Road 30 55 31:16N 30 55 02.43N Surface :80 miles x 2 9619 4951 W 961914.82W • Surface = .Deep Well Road""• 30 53 08.24N 30 52 56.38N " 1.32 miles - 96 2152.85W - 962054.-MW -,CONSTRUCTION-TYPE .. I0-12" Diameter WnU Thickncsc _ Material Specification 110ivurcthnnr ttrint 110,46. Maximum Operation Pressure "-200PSI The location :and description of the proposed ustailation;and apputtenaitces.must be_.fully shown on .the attached • . _ detailed drawings. - - - - ' " The Comp-anyshail commence actual construction/work in good faith within 60 days from the,dateof said permit and :shall complete` -said construction / vork-within " 7 'working doyss(COMPANY MUST FILL IN). If stick construction is not begun by the 60'� day, Company will be'required to apply, for a new permit. Company declares that prior.to-filing this application, it has ascertained the:loeation of all ikisting utilities, both aerial and underground, and the fling of this application is pnma.ficie evidence,64 the pioposed installation will not ` ...conflict with tiny ekisting utility. A copy of this permit.shall be.kept at the job site any time work is being performed. It is expressly stipulated -that this ' Permit is a license far permissive use only and that the placing of facilities upon .public property. pursuant -to this permit shall not operate to.cr'eate, or vest any.'property right in said holder:', :.It is understood and agreed.that the rights and privileges herein -set ouiare"granted-only to the extent ofthe County's right, title and,Gterest in the land to be entered upon and used by the holder and the holder. will itall'times assume risk .-- f--and indemnify;:defciid;and.-save lihmlegi Brazos County•from and:against, any':andi_all•'loss;�fdi rsges; cost!or:: v . .� - gxpense.arisin '`ytri.-an manner an_account of the'eitercise ar attempted eitercise by siWholdei:of tlie aforesaid rights andprivilegesg y Any.deviationfrom these specifications •must be approved by Brazos County Engineer's O.ffice'or its designated :representative.'. -Approval of County Engineeei Office may take as long as two weeks after complete application is received.' ,Applicant_agrees to comply with. all rules of the County Commissioners and the Counry::Engineer in constructioTi of .: _said installation $ttacited hereto -as BRAZOS COUNTY DESIGN STANDARDS AND°SAFETY PRECAUTION itEQUI REMENTS FOR WORK -CONDUCTED IN 'BRAZOS COUNTY RIGHTS OF WAY and =incorporated �lierein for.reference. - .In the event Company fails 16 obtain a permit prior to the installation or does not install utilities in compliance with:,::. aastallation rei�irirearients set rth fieieitt (e: depth, lacalioip, °etc), Compuary assirnies all finuneinl reisponsibilioy jor _:damages andldr. destrucdaii`o,% lines, cables; eta based upon Ns failure to comply with Brows Couratp requireanenls Applicantagrees that if Brazos County dehionstrotes it violation of the terms of this pv*l , Applicural sfipulaoes thi►t, requisites for is juyicdve relief exist and that Briaios County is entitled to relief enjoiniirga y conduct:by applicant .which is conlrilry to the policies This permit is ;'a revocable permil Brazos County reserves the riglafto` evoke this permit at-aay ti»re, in the sole - discretion_ of Brazos County; jor interests of public health, safety- or, welfare, or for failure to repair any damages upon demcand,_orfar any*otlier"reason deemed suffi ent ay Brazos aunty. In'the event Co4iiny fiails;to comply with Tiny or all of the requYements has set forth 'herein, the County may take..;_ - such actioia as,dt deems appropviate io compel co»ipliaiiee. `�'lae Coaniy Engineer fuPtdaer retains tare right to revoke - this Permit by verbal nollfirat i4i to the 4piicrurt/Co4any. Failure to obtain this permil_inidlor notify the County Engineer's ofPce:within 24-hour; of beginning construction shall constitute groundsforjo$skutalown. By signing below, I. certify t}tat I am authorized to represent'the Company listed below, and that the Company agrees to the eanditionslprovwo:ns included in this'perinit ::. :.. Wildfire Energy Operating, LLC - ., . , Com an Naive • - � . : DanielOuinn - By- :. _ . .:.. . •-:-_ - :..•-:.._ ... Signature :... ' _. - . .• . = Water Consultant Title . .. •,.: . 920 Memorial City Way. Suite 1400 - Houston = ..Texas . _ 77024 . = City State Zip . 93ti-371-Z73S Telephone Number dquinn(a7etexaslandman.com .. ' s � .:�f��.i3��,'y .ra;�{-a s,•�,„i �r •vs :,�',i-e't""„'• :4: - k,'•.. 4. .�,' �" �°''k'i. • _ d.;.,• f i'. ..�!�. n:c<T_` CC a' D WP , o :© it may` ••`^: r :LU W Al fs o .: �w • 1 4_ . . 'V a Jcc '';:. uj i+ im _.: /oz. _ .. . _ •r� �V„•-, t`.33':n '. ''ir i°�f �4 •`d,` ^ 1 w. _'r �°i a 9 •r' .�n;1'�y; sf..• rr `• ��k, :•.5,•; i.- ZIA it .. ... ti• "�y ''v it cc Y•: ' •"� tom•. 9 eww." •1•. S "'' 1Udi1R'd 0-1. vs iS F BRAZOS COUNtY ROAIDWAYSAFETYANID ROAD • PRESERVATION ,STAiVDARIDS F,OR WORK CONI?UCTED.IN �RAZOS COUNTY RIGHTS OFM. AY A. GerreralReuuiremenls , • .. .. ., - , • . 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee tvil! use best manageriient`prnctices ("BMP") (EPA and TCEQ both.provide lists of examples of BMPs) to minimize eiosion and sedimentation resulting from the proposed installation. 3. The p=estored ittee shall take precautions to avoid damage to property, All County Right of Way and property shall to its original condition, as far as practical, in die opinion of the County Engineer or :. appointed representative. 4. The construction and maintenance of such utility' hall not interfere with fhc propertyor rights of a prior occupant. 5. -Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the righf •of way.. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience. to Elie public ekisis, then the•County Engineer will.decide whether such project will be.allowed or if an alternative exists sons not to inconvenience the public, B. Safely Reaurremenls 1. Proper traffic controI;measures, must be *put in place,prior to beginning work and. remain_ in place during the duration of the job: "All traffic control measures "must •follow "the Texas Manual of Uniform Traffic Control Devices (TMUTCD). `See Traffic Control Requirements below. 2. During construction; aA safety regulations of the Texas Department of Transpprtatioii shall be.observed. 3. Permittee must rake sue precautions' and measures, including planing and displaying safety devices; . as maybe- ecessary, in bider to safely conduct the public through the project area,'.Company shall provide flagmen; signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions:inust be made to cause minimum inconveniences to traffic and adjacent property . . owners': 5. No cable, conduit and/or pole lineahall be laid,, constructed, maintained and/or repaired so.as io constitute- , A danger or hazard ot`aany kind to persons or'vehicles using such road. Any poles placed in the Right of Way for future installation shall be, placed- at the back of the Right of Way. Exceptions may. be approved F by the"'"County'Enginser: C:-Aaffie Goaetral Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered7raffic Control Plan must be provided for the':following: , :.a. Any construction (i.e. pit; excayatioii) hole) lefft'open overnight, requires specific n! h, hh�e traffic , _ control measures pursuant to the'TMUTCD• ' ; b. • If construction is within ten (10)'feet of the roadway; or. C. 'Any work' performed in the road'right-oF-way; _ 2. `Plan must be attached fo the permit and kept at thCJob site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation . . and the'pdie be placed'in the designated area for power specified as set forth in the Texas Utilities Cade., Section 18LO;tS..... 2. All•pole'installation (including lighting) shall be'placed at the Backside of the night of Way to ensure safetyao•the public. Any pole placed`in violation :of this requirement will be required io be moved to die appropriate location at the cotizpany's'expense. Exteptians maybe approved by the County Engineer. 3. All underground_ installations shall (these are minimum depths=•utility may place deeper): a: be placed at�a minimum depth of forty-eight ('#8) inches below the tap of the pavement; ' b. -be at least thiityzsix (36) inches below ditch.fiow line wlieri:installation is within the area measured. from top of bank to top of bank;.' c. be at least forty-eight (48) inches below ditch flow line if low pressuregas or petroleum lines. For ` .. high pressure gas and petroleum;lines, see High_ Pressure Pipelines requirements listed below; . d. not be closer than tell (10) feet from the edge of pavement Exceptions may apply in rights of why of - ' less than 60 feet. 4. Water, Lines: All water lines must be a minimum 36-inc6es below theilitch flow line and cased. Waterlines, shall be cased if crossing under the roadway. S. Utilities in all new developments that have 60 feef or greater_of right'of way shall be installed within designated locations based upon the type of utility The locations§half be as follows: (measured from back of.fight-of way): ' ' Pdw* er =-.0 to.2 feet, nominally, 1' Phone2 to'4 feet,'nominally 3' Gas . 4 6 6 feet; nominiil ly' S' _ Cable — 6 to 8 feet, nominally 7' 6.- • Utilities with less than'60 feet right -of way in all new develolm*eints shall install the utility in a similar manner`"as referenced in No. 3 above; however; the County Engmeer.or its designated representative will,.. provide foal approval of each utility location. 7. The length of any trench to be opened in'advance of the pipe, conduit or ductsnot be .longer than 400' if left open over night or unattended.` Cros'sirigs under'a county road shall: a. 'be bored or jacked, ABSOLUTELY NO OPEN CUTS WITE41N COUNTY ROAD PAVEMENT; ' b. be pressure grouted for the full length of the crossing if the annular space_ between pipe and casing and • ' • : ;soil 'exceeds one (l) inch. ' Brazos 'Caunty trust, be given 24- . urs notice of pressure grouting operations and have the opportunity to have an inspector op' site to observe pressure grouting operations; ; r c. TxDOT Standard Specification Item'476 shall'be followed foe all boring, jacking, tunneling and joints.- 9. Bore.Pits: ; a. -no. pits shall remain ;open longer:than 2, days- b. all piN hall have proper traffic control measures in place. -See Traffic Control Plan listed above. - C. pits shall NOT be located within ten (I0) feet:froin the edge of pavement without prior approval from' the County Engineer or. his representative; d. when pits are to remain open. for more than 8. hours, due diligence will be used in protecting the spoil, pile to revent drains e robiems ' e. based upon soil conditions, the County Engineeror his representative may require shoring to protect pavement integrity; f, based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road.'. 10. Any. installation within ten (10) feet of edge of payement shall meet the following: a. location must be'approved by the:County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil'conditions,'the County Engineer or. his representative may require shoring to . protect pavement integrity.: d. all excess water slid mud shall be "removed from the trench prior to backfilling..Any backfill placed during a rainy period or at other times where excess water cannot be prevented from e'nt6erig.the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as. weather permits; e. all'i1siurbed base`and pavement materials shall be removed And restored tdfhe satisfactian-of the County Engmeer,ofhis representatives. f. nd'side or lateral tamping to itll voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity:of the shoulder of the road." In the event Company damages the slope, shoulder or any other' portion of th. e right-of-way; Company will be responsible for repairing the damage and replacing .the right -of way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the :traveled surface of any improved County .. ,. road will not be permitted; except'inan�instance.whereby the laying; constrict ori; inainienanc0 and/or`. repair of cables; conduits`"and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropri&e'traffic control shall be provided meeting TMUTCD requirements. 13. In the event.said construction andki. aintenance•and/or repairrequires Company to remove; cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or -letter of credit'securing necessary repairs. Said bond amount will be determined by - the CountyEngineer.. 14, The applicantahali submit A letter of "No Objection" from the Army Corps of Engineers for all desigfi6id•wetlands and environmentally sensitive lands. E. Emerencp "work 1. In the event Company,is required to, l6form emergency servicess; thaf requires. excavation in"a,'County Right of Way, and unable to notify'County Engineer prior to.conducting`emergeney repairs, Company shall notify County Engineer within'24 hours of beginning construction/repairs., This will allow the County Edgineer's 4ffce an opportunity to inspect the site to ensure the integrity orthe'Coubty Right of ' ,. Way an"trafficsafety controls used. F. Repairs id�X7sting&ffities I. Maintenance and/or repair: to existing cables, coriduits,.and/or pole lines which'require disturbance of the soil, shall not be performed until plans describing, such maintenance and/or repair have been approved by . the County Engineer or its designated representative and a permit lias been obtained. G. Relocation ofutilities 1. When and if the County, Engineer determines that it is necessary for the construction, repair, improvement,...:.: alteration or relocation of all or any portion of said road, any'or all poles, wires; pipes, cables or other' facilities and appurtenances authorized'hereurider; shall be removed from said road, or reset or relocated thereon, as required by -the County Engineer within a reasonable' time its determined by the County Engineer and Utility Company; and at the expen'se`of the Utility"Company. f High Pressure Pipelines 1. All utility Permits for high pressure pipelines,(generally 60 PSI or greater); whether pertaining to = controlled access or 6 w- ontrolled access installations; should contain the fb11owing`additional information in the description of the`' perni it. -diameter -wall thickness - -material specification -minimum yield strength maximum operation pressure ofthe pipeline"' " .2. With the exception of the maximum operation pressure of the pipeline, this information is to 6e supplied for both the'carrier pipe and the casing. ' 3. Assurance -must alsb be given thafthe installation material and design meet the minimum Fede'ral Safety., .:.. Standards far Liquid and Gas Pipe I ines. Assurance must be.provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines:.: Depth Tope of Pipeline- :: (belbw deepest ditch eradd •: S -ecial F2eguirements Encased Pipe ...Less than 10" Must be covered with concrete pad a0elast 36" deep Encased; Pipe .Greater than 10' . No concrete pad required': Non -Cased Pipe :.,:'Less than,1.0' Must be covered with'concrete pad at least 48" deep Non -Cased Pipe Greater than J 0' No concrete `pad 'required Concrete pad shall be minimum of3"•th'ick and width shall be pipe diameter plus 18" minimum. 5. - Under no circumstances will a pipeline be installed parallel to a County Road.within the'R.ight-of- . Way. -Transmission {ivies have been determined io•.be petroleum" ipetines (which includes natural gas lines) and shall riot be parallel "to -a County Road. , 6. Natural.Gas Distribution` is a line that serves the' Anal customer Vol. ��'�� fig. AL h to Wi _7 2 on I mi Us - I I R —fit 111. 11 , .- . . 1. . as — HU. — W Fla 2 e 2b b- to ob p - - - - - - - - - - - - - - JIM uj C3 WM Jx 4W- I MD" W 0 Ct>H L) C uj LOW Nd aq ou RIC tool AD u2j ws x MIX ko tXCJdd tiM &K-I at A -T 'oot 2 O Ci as gk a 42*1 t40C *.# 'Ven, jaumil joa tt. IT 41M 01 41 401 joj t CL :n UPI "u -s ja woo .. ....... pn, Application for Tax Refund Overpayments or Erroneous Payments BRAZOS COUNTY TAX OFFICE Cctiectian Woe Name 979 775-9930 Phone (oteacodeand=nbcrl 4151 COUNTY PARK CT, BRYAN, TX 77802 Address,Gry. Stste.itPCode Brazos Co, City of Bryan, City of College Stat, Bryan ISD, College Stat ISD, Emg Svs1A1,2,3,4, City of Kurten, Navasota ISD CoRectingTax rar (tadag cab) GENERAIINFORf11ATION.ThIs application is for use In requesting atax refund pursuant toTax Code Section 31.11,and Comptroller Rule 9 3039.To apply fora tax refund; the taxpayer ortepresentativemust complete Sections through 5 of this appllcation.Theieefund check will be made payable to the taxpayerand mailed to the taxpayer address provided below. FIUNG INSTNS.ihis document and all supporting documentation must be filed wtax collector the collector of the taxing unit forwhich you are requesting a refund. DO-rw RifMOt Ne this documentwlth theTexes CoinpttoperdfPubiitAccaunm A directory vAth contact Infotmaltun for county tax offices maybe round on the Comptroilei'Bwebsitm - lit �. q e a o} i C RA r L, Name ofTaxpayyer Primary Ph=eNumber (area code and numbW Email Adddrress• N -r r 7 F uirurq Address, dry, State, ap Cede 9 qo o °•n •n . Provide the information below if an agent has been appointed underTaxtode Section 1.111 to represent the taxpayer for tax matters. Attach a comptetedandsigned Form 50.162,Appolnb mntofAgentforpmperfyToxhfrrt(ers,lf the form has not been Ned urith the appraisal district h(divldual taxpayers handling tax matters on theifown behalf skip tosectton3. Name of Authoried Repmsentative Fiftnary Phone Number (aw cute and rrumbtt) EmalAddress' Title of Authorized Rquesentatim hnTmVir'AMN Q Fir.r -.. .. .. <.. � --•-• ?+< r �. : ,a r r,r - .sr- r: v.: 'r',-r +. '-o-, �-��..tFir u,t: XS' � ��3'�� t j ,rs, -,,., S._j. r ,, �, r`',jd�'-�,�, a�lT•-<ti.' j<a �`�.��r �lr: � ,,�. � �42s t�j-v».�`. s s t`i: .a }...�i`�,: t1Cr��':.xi..s��•,��aPl�'1���.�'F�l.� t ..r. Y.LH e�rdl � z�? (..�� , `h _ __-TL "Xi.`at,.. t '..i'�S.ii.r......m--sa>...�.._...r� P-PoP iq- -3(q410 . QW A IA; 27 gEal oR Appr�hal DWAct ActacntNumber tncadM Addnas,Q*5tetGZl?Cnde i.—I n"ertnfrnn mrarrmh fnnu of thptax hilt at taxrecelod. G.1-01a: 142410 i-002o-0Z50 TaxRacerptNumbcr Form developed by:TensComptroller ofPubkAccoun%PropertyTax Assist --Division ForaddR(onatcoplesvWttolnptroffertoms.govitaseslproperty-tax 50-I61.4-20112 Vol. pg. a�� ApplFadonfbr;TaxRefiiridQueipa}rmentfarFrigneausP.ayments Complete the tax payment information requested below for each taxing unit from which refund is requested. A separate documenr containing the same Information may be attached for additional taxing units, 9 necessary. K��. I.��-''' ae�,` •.xr �:n^ a s:�c-.�. Y v r r3:< —� :x f' ....t�e4:•�.� •S'�1,'`ri'F a '`�s{;_ }, •, ur` urt'���.;�a�"":�' �;��: .�c•..,.�v�a,. �i:�,-'�i;=iy'?,.'F.. rs. r •:...�:ta. ��• � +.rJ ;1 �TcjX ��► , ,t'Z%"�`+,,���"��' 'Y'�S' �� � .�',`i f:3iwa' �S•�1x3 }, .. '!'i��+�1J_[�71>i-l'� tLl:f, 54i �?'SZ' __"':'ti4.�+. �i?�':U+�''t:` tL t. ZREFUND ?� Z �, zZ S 13, oo.I3 i f 3 i s Jz + 3. S S 4• i S G S S 7• S i & S S Taxpayer's Reason ferRefund (atrachsupporting documentation) Pannfisa - Ppo pekr 67rP-F 20 21 P a%F0.5 Ct7rV AI OAVN AMSAk !L1NCtt ?A22 11G rt7 0Al5M- off/C£ JUI Vi C 7-11P/E~7 lkhY�./ d/l�1RC1 7o REO-Ng5 PRo cArq -7w &E 1�0A&V MIOV- COWRICOQ2 d' Pg6VIGv,5 ba(iA6e RVA U ; t1�iA io Y / G A� Yl PUE ~ '; TAX &IL,. ��'ir rf1�-� e i hereby apply for the refund ofthe above described taxes and certify that the Information I have given on this form is true and correct, Kr.''e,' MIC;HAJ5G. L. • PF) 5 I E9- PdntTaxpayertfame Sign ` ?� p� here 1 Ta R)-stgnature Date if you make a false statement an this application. you could be found gitiity of a Class Amisdemeanor or state ]all felony under Texas Renal Code, §37JO. If the collector does not respond to this application on or before the 90th day after the date the application form is filed with the collector, this application is presumed to have been denled.7he taxpayer may file suit against the taxing unit In the district court to compel payment of the refund If it is filed not later than the 60th date after the collector denies the application. 'See Government Code Section552.137 regarding confidentiality of emah addresses. FOR COLLECTOR USE ONLY print them L)L p► ( * e t S . Cou- py-i —47iD E slon herew print here Pdra game andTide !aan here Caltactods7 ofTmdng unnW for RefuadApprrcatiowOver finenatrome1*rwhich govem1n.3 too approval Is required underTax Code SeW an 31.111 . cojat 1a9, Date Data i For additional copies, visit comptmllerAexas gov/nmfpropeny tax Paget Vol. pg. a,9-4(1 :AAAZOS AINTAAI NMI. APPA SAL OISiRIOT MarkW. Price BRAZOS COUNTY. T£XAS Chief Appraiser BRYANEN n o2 U Telephone: (979) 774-4100 Facsimile: (979) 774-4196 03J30/22 R MICHAEL L & DIANNE E 1005 MOSS DOWNS DR GRANM SHOALS TX 78654-2724 Re: 36410; 481100-0020-0250 OAKWOOD, BLOCK 2, LOT 25 (25' OF) & 26-27 121 PERSHING AVE Dear Taxpayer, Enclosed please find the form you recently requested. Please make note of the filing deadline on the form and return it to the appraisal district office prior to that deadline. Carefully read the form and complete all portions that pertain to you and your property in detail. Be ware to include any documents that the form requests. All residential homestead exemptions require a copy of all owners driver's licenses or Texas identification card. The address on document must reflect the property address. If Over-65 or Disabled we must have your "Ceiling Certificate" from the county you are moving from. (The Ceiling Certificate can only be issued the year you are applying for the exemption) If you need assistance in completing the form, or if you have any questions, please contact the appraisal district office at the above address or phone number. Sincerely, Brazos Central AppruisaI District enclosure Form Sent: )0 Application for Residential Homestead/Over 65/Disabled Persons Exemption Disabled Veteran's Exemption Agricultural Use Application Rendition Form -Real Estate, Mobile Home, Personal Property, Minerals Agent Authorization Form Charitable or Religious�Appli 'on X Other: AyP -at , � }p4LJ4��A Employee sending form: E. ��� P. �0 V/ ENTrry CONTACT EMRMATION Brazos Co Commissioners Court Brazos Coon ESD #1 Attu: Assistant Co ARSm---eX Atm: Finance Officer . 200 S. Tsxas Ave, #218 P. O. Box 244 BrimIX77803 Wellbom, TX 77842 of Bryan Brazos County ESD #2 Attn: Finance Officer Attn: Finance Officer P. 0. Box 1000 P. O. Box 105 TX 77805 Kurten, TX 77862 Civ of College Station Brazos g2unt ESD #3 , Attu: Finance Of Attn: Fina&z Officer" P. 0. Box 9960 P.O. Box 2681 - 22!LeR Station, TX 77842 Bryan, TX 77805 Board of TnmWes Brazos Coup ESD #4 Bryan bidgpendent School District Atm: Finance Officer Attu Finance Offer P. 0. Box 7102 8018 Ennis Street Bryan, TX 77805 Bryan, TX *778034642 Board of Trustees Brazos Central Appmisal District Colle Station 1n dent School District 4051 Pendleton Drive Attu: Finance Officer Bryan. TX 77802 1912 Welsh College Statio TX 77845 G�' fKtuteb .. Atm: Finance Officer P. 0. Box 101 Kurten, TX 77862 -�OPA*TOMMY, & J3(26=5 TAY., EVol. ��� pg. u TAX RECEIPT 511712022 &M 23 PM .d,a.:t•t,JFtr''p�i�.a,�.•`S.9iV's.. r'G�=, .+f• ti: BFMOS COUNTY TAX OFFICE 3145934 4151 COUNTY PARK CT 9W, TX 77802 ''t iwffi , 2022 ig�it1ips^' Paymert A. ; e Full Payment ` PAID BY: t �'�Tra �.` tom-• PFISTER MICHAEL L & DIANNE E 1005 MOSS DOWNS DR GRANITE SHOALS, TX 78654 2724 S= NITS mdo {dui ycurtrs�lfle ptmrte to vtaw this bllt2l �"'vx:� •ty�i..i,� i ..R •`+-w�- P .f'"2•,�jYi _jf�LtL �SLnt• •..vi 5.• ,�� `.I�. a ,T. n•�.. iL:. tii ��'E�.t;',% ; L�*r�!'i�CLQ�:s'� � ,r,L,;•; 364i0 48110040104= 0- r,, Now.- PFIST ER MICHAEL L & DIANNE E .. "r.. t w �: ''' tom• s~ .:.'-.+af i�^�R J.t'c. �Ji i'•j'�' .1- �-'.. - OAKiV BLOCK 2, L®T 2$ (2V OF) & 28 27 • 1005 MOSS DOWNS OR GRANITESHOALS,TX 78654-2724 •121 PERSHING AVE 2021 1.2162 648,014 $88,5$.47 $0.00 SM.35 BRAZOSCOUMV 2M1 0AW5 M014 &MAS SM S243.40 Su0 CffYCFCO1L5TAT. 20221 ohm 648,014 SM-78 $= S283.88 SM.OM Operator tmcore Ewch SIM022TM Receipt Issued In Acco dame vu0h Section 31.075 of the Texas Prgmdy Tax Code moo 8mzz 30.00 $2wA3 $M00 53180.48 $18m.13 Tout Paid $13400.13 \10I. 7ka'-- pg- L/ r Kristeen Roe, CTA, PCC Brazos County Tex Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 06/14/2022 REQUESTOR FU3IFILM DIOSYNTH BIOTECH TX LLC ADDRESS ' 100 DISCOVERY DR STE 200 COLLEGE STATION TX 77845 OWNER NAM_ E FU]IFILM DIOSYNTH BIOTECH TX LLC PROPID# 422903 REFUND AMOUNT 40.01 REQUESTOR ADDRESS OWNER NAME PROP ID REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT mQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# ' REFUND AMOUNT REQUESTOR, ADDRESS OWNER NAME PROP ID# Vol. pg. -� r APPLICATION FOR TAX REFUND • Collecting Qkce Name Brazos County Tax Office 4151 County Pdrk Court Bryan, Texas'77802 Ph..979-775-9930 Collecting TaK far: (taxing entities) Brazos County, City of Bryan, Gty of College Station Bryan ISD, College Station ISD, FS, F2, F3, F4, City of Kurten, Navasota ISD OWNER'S NAME AND ADDRESS FWIFILM DIOSYNTH BIOTECH TX LLC 101) MORRIS COMMONS IN . MORRISVILLE NC-27560-0287 PROPERTY DESCRIPTION: Legal:. WORK IN' PROGRESS 3939 BIOMEDICAL WAY AGENT: BST 848203 R Use: L2 Address: 3939 BIOMEDICAL WAY Account# 422903 TAX PAYMENT'INFORMATION Name of Taxing Unit TaxYear of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2021 06/09/2= $177488.35 $40.00 Taxpayees reason for refund: OP -Overpayment REFUNDTO: FWIFILM DIOSYNTH BIOTECH TX LLC 100 DISCOVERY DR SUITE 200 COLLEGE STATION TX 7784E Sign below and return form to the Brazos County_Tax Office. "I hereby appl for the refund of the above -described taxes and certify that the information on this form is true and correct.° Phone if Email Address if you Make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION tax re nd is [ roved j Disapprbved _L ( a l a0-k Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.21 Tax Code Authorized Officer Signature Date Vol. pg TAX RECEIPT 061101202210:39AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: FUJIFILM DIOSYNTH BIOTECH TX LLC 101 J MORRIS COMMONS LN MORRISVILLE, NC 27560-0287 Resetet Number 3'154292 Date Posted 0611 W2022 PaymeotType P. Payment Code Over/Refund Total Paid $1T7,488.34 Props Geo - -- dal Acres r41D - _ - Owner Hame and.Addtess 422903 - 0014500000203 _ _ 0.0000 - FUJIFILM DIOSYNTH BIOTECH TX LLC bescri Lion 101 J MORRIS COMMONS LN I_e al 9 P_ - _ _ MORRISVILLE. NC 27560-0287 WORKIN PROGRESS 3939 BIOMEDICAL WAYAGENT: BST 848203 R Use: L2 - Situs _ _. DBA fVame - 3939 BIOMEDICAL WAY . Entity Year Rate- Taxable Value Stmt � Void _ _ Original Tax B_is_ cuts P&i Ai_t Fees _ Overage Amount Pd _ Z REFUND ENTITY 2021 0.00000 0 145494 N 40.6 OAO 0.00 0.00 0.00 40.00 BRAZOS COUNTY 2021 OA9350 16.74785 46264 N 38,836.45 0.00 0.00 0.00 0.00 38.835.45 CITY OF COLL STAT. 2021 0.53462 15.738,765 46254 N 42.071.19 0.00 0.00 0.00 0.00 42,071.10 BRYAN ISD 2021 1.22680 15,738,785 46254 N 96,541.70 0.00 0.00 0.00 0.00 85,541.70 177,488.34 Balance Due As Of 0611012022. •40.00 Tender Details Description Amount.' Check repost _ _ _ 177488.34 177488.34 n Vol. _ P Operator I3atcti _ =. . _ - - - -- "-- Tote! Pald mieonard 41587 (WM912022TR 177.488.34 P49e:1 Receipt issued in Accordance vrth Section 31.075 of the Texas Property Tax Code yo ,r BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2021-2022 BUDGET YEAR NO.21/22 36.1— 36.5 On this the 21st day of June 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 21 st day of June 2022 the Court heard and approved a budget amendment(s) for the 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 21st day of June 2022. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. .�� pg. g�-O BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22.36.1 6/21 /2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Hotel Occupancy Tax Fund Hotel OcqWancy Tax Professional Services Expenditure 30,000.00 Hotel Occupancy Tax Fund Hotel Occupancy Tax Repairs and Maintenance Expenditure 30,000.00 Hotel Occupancy Tax To reallocate funds to proper account for foundation repairs, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 36.2 6121/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Ex enditm 4,540.00 General Fund Cotmty Judge Salary and Wages Expenditure 3,643.00 General Fund County Judge Benefits Expenditure 897.00 CountyJudge To reallocate funds for personnel reclassification approved by Commissioners Court on June 14, 2022. a =,Court—y+Jttdge3Approval '�F £_Date ry :u ���.. fig° ��� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 36.3 6129/2622 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 4,734.00 General Fund Veterans Services Salary and Wages Expenditure 3,798.00 General Fund Veterans Services Benefits Expenditure 936.00 Veteran's Services To reallocate funds for personnel reclassification approved by Commissioner's Court on June 14, 2022. Vol. ��� Pg. AS, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 36A 612112022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Road and Bridge Repairs and Maintenance Expenditure 46,894.74 GeneraiFund Road and Bridge Contract Services Expenditure 46,994.74 Road and Bridge To reallocate funds for additional expeam for mowing 4 rir "�" .iv7 i =� v % ri Y �1}�'•f�_ ` 4 Qq nfy Jucf�gc i4pproval �_kx Dd!e:k Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 36.6 6/2112022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Road and Bridge Repairs and Maintenance Epmdimm 19,117.00 General Fund Road and Bridge Contract Services Expendimre I9,117.00 Road and Bridge To reallocate funds for additional expenses for heavy equipment rental. County udgegppfioval�r �:x Vold .__._.P9e(�b Personnel. Change of Sfiatu-s ( Jun 16, 2022 I Col lmissioners' Cdurt Date: •06-21-2022 Department Submitting Information: Human -Resources Purpose of Submissions: Consider and Take Action on Change Employment J Department Name Employee Name Sheriff Office - Jail Administration Chambers, Gifford ]wenie Services - Detention. Dickey, Timothy' DWct ClerkArchlval Jackson, Aunijah' Purchasing -:Administration Loyola, Josue Tax Assessor • Collector - Administration Marcantel, Mindy Juvenile Services - Detention: Mcdade, Sesley -Sheriff Office- Jail Administration Ocampo Banos, Brisa Juvenile Services.- Detention - Perry, Desmond Tax Assessor - Collector -Administration '- Smolinsky, Lauren County.]udge Zavala, Jasmine Separations Department Name Employee Name Sheriff Office- Administration Bowling, Marlys Shgdff Office - Jail Administration Giddiens, Aryan County Auditcr-Administration McEartand,Sharinaya .' County. Attorttey - Administration Rex; Michael, • County Specialty Court Program Rex, MlchaeF Juvenile Services - Detention Sanders, Sherman Road & Bridge - Administration Thomas, Jimmy Juvenile Services : Detention Wadzeck, Elizabeth Jail Medical Services • 6Vaggoner, Justin Constable Precinct 1- Administration .. White, Christopher Road & Bridge - Administration Zdunkawiu, Patrick Approved in Commissioners' Court: 06-21-202 CoimtyJudge's.or Comrrtissioner.'s Signature: (This.Copy.to be attached.to minutes), f Vo{ •o �.. �� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 06-21-2022 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 Commissioner's Court County Judge District Attorney Sheriffs Office — Jail Veteran Services Coffman, Cheryl Leggett, Aubrey Anderson, Marsha Morse, Thomas Jackson, Randy Patterson, Alfred Approved in Commissioners' Court: 06-21-2022 : Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status County Judge's or Commissioner's Signature: L4—� (This Copy to be attached to minutes) Vol. pg. � 1