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HomeMy WebLinkAbout2022-06-28 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN, TEXAS FLED 1012 JUN 24 P 1: 1*0 ! �./:�eJ GY: i 1_r�Y NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS. COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 285 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 FACE BOOK.COMBRAZOS000NTYTX 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Berry 2. Call for Citizen input and/or concerns Consider and take action on agenda items:' 3 - 25 3. Resolution 22-012 authorizing the use of an electronic signature of County Judge Duane Peters, Chief Elected Officer (CEO) for the County's contract with Justice Benefits, Inc., for the federal Alien Assistance Program and delegating authority to use the electronic signature to the Brazos County Auditor. 4. Consider and take possible action on a county bum ban. 5. Approval to cancel the Regular Meeting for Commissioners Court on Tuesday, July 12, 2022 due to lack of a quorum. 6. Consider and take action to set the early voting locations and hours for the November 2022 General Election. 7. Consider and take action to set the election day vote center locations for the November 2022 General Election. 8. Approval of the following Amended Travel Policy effective July 1, 2022: • a. Mileage $.625 9. Consider and approve termination of Amendment #1 to Contract 18-139d Enterprise Resource Planning Software with GovSgnse, LLC. 10. Approval of contract renewal with Bryan Independent School District for Juvenile Justice Alternative Education Program (JJAEP) services. 11. Approval of contract renewal with College Station Independent School District for Juvenile Justice Alternative Education Program (JJAEP) services. 12. Approval of contract renewal with Navasota Independent School District for Juvenile Justice Alternative Education Program (JJAEP) services. 13. Approval of the following committee for the evaluation of proposals for RFQ #22-124 Professional Services -Architect. • a. Ernest Stutts • b. William (Bill) Hadley • c. Ed Bull • d. Purchasing (Non -Voting) • e. Legal (Non -Voting) 14. Permission to advertise RFQ #22-124 Professional Services -Architect. 15. Approval of Contract #22-146 Project Management Software with Procore. 16. Approval of Contract #22-147 Secure Short -Term Detention of Juvenile Offenders with Kaufman County. 17. Award of RFP #CIP 22-638 Peach Creek Cutoff Road Reconstruction. Recommended Award: Lary Young Paving, Inc. 18. Approval of the Final Plat of Winding Creek Estates Phase 5 including a Replat of Common Area 1 Block 6 of Winding Creek Estates Phase 2; J.C. Stuteville Survey, A- 216; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. 19. Approval of a payment to Karla and Gary Seeton for a water line easement needed for the relocation of a 12 inch waterline for the improvements to be made to Straub Road. Site is located in Precinct 1. 20. Acceptance of a Special Warranty Deed for 0.10 acre of land from Tauber Exploration & Production Co. to be used for improvements to Sand Creek Road. Site is located in Precinct 2. 21. Budget Amendments. • Budget Amendments FY 21 /22 37.1 — 37.4 22. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 23. Payment of Claims. 24. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. • b. Texas Government Code §551.0745 to deliberate about a County Advisory Body. 25. Consider and possible action on Executive Sessions. Vol. _ �3 Pg.- I __ I 26. Acknowledgement of FY 2021-2022 Budget to Actuals by Funds as of June 22, 2022. 27. Acknowledgement of monthly reports submitted in June 2022. 28. Juvenile director's report on detention population. 29. Sheriff's report on inmate population. 30. Announcement of interest items and possible future agenda topics. 31. Call for Citizen input and/or concerns 32. Adjourn. 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.COWBRAZOSCOUNTYTX 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. Pia -- MINUTES J U N E 28, 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 28, 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 Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Berry 2. Call for Citizen input and/or concerns Scott Hestor discussed the striping on Dilly Shaw Tap Road. Mr. Hestor stated that it is a flat road with a double stripe and should instead be a single stripe that allows for passing. He asked that the Court look into the issue. Judge Peters suggested that Mr. Hestor reach out to the Road and Bridge Department to look into it. Roy Flores expressed concern over polling locations and made the suggestion that the Court consider utilizing school gymnasiums instead of the current selected locations. VOL 3 pg. Financial Fitness DirectorJay Meador gave his input on the proposed 7.5% COLA. Mr. Meador stated it is critical that employees making $40,000 per year or less receive this COLA in order to make ends meet. He then made a recommendation that the Court consider capping the raise at $3,000 per employee instead of 7.5% across the board. Consider and take action on agenda items: 3 - 25 3. Resolution 22-012 authorizing the use of an,electronic signature of County Judge Duane Peters, Chief Elected Officer (CEO) for the County's contract with Justice Benefits, Inc., for the federal Alien Assistance Program and delegating authority to use the electronic signature to the Brazos County Auditor. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 4. Consider and take possible action on a county bum ban. Commissioner Berry made the motion to approve the County bum ban stating, we hoped for rain but did not receive enough to counteract the need for a bum ban. She noted there were grassfires in South College Station over the weekend. Commissioner Aldrich seconded the motion and the Court voted unanimously to approve implementation of a County bum ban. A copy of the Order is attached. Motion: Approve, Moved by. Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. r 5. Approval to cancel the Regular Meeting for Commissioners Court on Tuesday, July 12, 2022 due to lack of a quorum. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 6. Consider and take action to set the early voting locations and hours for the November 2022 General Election. Commissioner Ford made a motion to approve the early voting locations with an amendment to include North Zion Church on the list. Judge Peters is not supportive of closing the Arena Hall location to add North Zion Church. Commissioner Ford then , made a suggestion to add a location in each precinct. Commissioner Cauley then raised concern over the early voting hours stating, only opening 8:00 AM to 5:00 PM in the first week of early voting is disenfranchising the working class citizens. The Court entered into discussion on the pros and cons of extending early voting hours and adding locations. Judge Peters invited the public to speak on the matter. Elizabeth Cunha made the recommendation to reopen the MSC as a polling location. Ms. Cunha reported there is free parking available on election day and believes this is a more feasible options to allow students to vote as opposed to City Hall. Pg. Democratic Party Chairman Amy Alge reiterated her point from last week that the new Party Chairs were unaware it was their responsibility to set voting locations and ultimately placed the blame on the Commissioners Court. Ms. Alge is also in favor of reopening the MSC. Roy Flores requested that whatever hours the Commissioners Court set for early voting, that it remain consistent. Mr. Flores believes consistency is key in voter turnout. Republican Party Chariman Elianor Vessali stated that she was never asked to select location however, she intends to assert her authority moving forward. Ms. Vessali supports the reopening of the MSC as a voting location. Commissioner Ford amended his motion to include extension of the early voting hours from 7:00 AM to 7:00 PM in consideration of Commissioner Cauley's concerns. Commissioner Cauley seconded the motion. Elections Administrator Trudy Hancock advised of the issues her office will run into if the Court chooses to add hours and polling locations such as, not having enough workers and security concerns. Commissioner Ford ultimately decided to withdraw his motion and Commissioner Cauley withdrew her second, with the intent of tabling the item for further review upon Ms. Hancock's request. Commissioner Berry made a motion to table the item and was seconded by Commissioner Cauley. The Court voted unanimously to table the item. - Motion: Table, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 7. Consider and take action to set the election day vote center locations for the November 2022 General Election. Judge Peters questioned whether this item needed to be tabled due to the previous decision to table the early voting locations. Commissioner Ford stated that he took no issue with the election day sites and Commissioner Cauley concurred. A copy of the election day voting locations is attached. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 8. Approval of the following Amended Travel Policy effective July 1, 2022: • a. Mileage $.625 A copy of the amended policy attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 9. Consider and approve termination of Amendment #1 to Contract 18-139d Enterprise Resource Planning Software with GovSense, LLC. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner \1 1, a _5/,4J Pgo `� Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 10. Approval of contract renewal with Bryan Independent School District for Juvenile Justice Alternative Education Program (JJAEP) services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 11. Approval of contract renewal with College Station Independent School District for Juvenile Justice Alternative Education Program (JJAEP) services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 12. Approval of contract renewal with Navasota Independent School District for Juvenile Justice Alternative Education Program (JJAEP) services. A copy of the renewal of contract is attached. i Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 13. Approval of the following committee for the evaluation of proposals for RFQ #22-124 Professional Services -Architect. • a. Ernest Stutts • b. William (Bill) Hadley • c. Ed Bull • d. Purchasing (Non -Voting) • e. Legal (Non -Voting) Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 14. Permission to advertise RFQ #22-124 Professional Services -Architect. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 15. Approval of Contract #22-146 Project Management Software with Procore. A copy of the service contract is attached. ",pg. 9 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 16. Approval of Contract#22-147 Secure Short -Term Detention of Juvenile Offenders with Kaufman County. 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. 17.E Award of RFP #CIP 22-638 Peach Creek Cutoff Road Reconstruction. 'Recommended Award: Larry Young Paving, Inc. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #CI P 22-638 Peach Creek Cutoff Road Reconstruction to Larry Young Paving, I nc. A copy of the contract and bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 18. Approval of the Final Plat of Winding Creek Estates Phase 5 including a Replat of Common Area 1 Block 6 of Winding Creek Estates Phase 2; J.C. Stuteville Survey, A- 216; City of College Station ETJ, Brazos County, Texas. 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. 19. Approval of a payment to Karla and Gary Seeton for a waterline easement needed for the relocation of a 12 inch waterline for the improvements to be made to Straub Road. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 20. Acceptance of a Special Warranty Deed for 0.10 acre of land from Tauber Exploration & Production Co. to be used for improvements to Sand Creek Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 21. Budget Amendments. Budget Amendments FY 21 /22 37.1 — 37.4 01. 3�l pg. 9 37.1 Reallocate funds for Constable, Precinct 2. 37.2 Transfer Contingency funds to County Judge. 37.3 Transfer Contingency funds to Juvenile. 37.4 Transfer funds from Facilities Services to Juvenile. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 22. 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. 23. Payment of Claims. Claims 8115952 — 8116079 9005195 — 9005240 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 24. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. • b. Texas Government Code §551.0745 to deliberate about a County Advisory Body. At this point, the County Judge announced the Court would consider items 26 through 31 and then return to convene into Executive Session. Having considered the previously noted agenda items, Civil Counsel Ed Bull submitted a written determination that deliberation in an open meeting would have a detrimental effect on the position of the Court in negotiations with a third party. A motion was offered by Commissioner Berry to meet in closed Executive Session as per Mr. Bull's recommendation on Executive Session (a). The motion was seconded by Commissioner Cauley and motion passed unanimously. At 11:22 a.m. the County Judge announced the meeting closed to the public, so the Court could convene into Executive Session as stated above. The following individuals were asked to stay for the sessions: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Kimberly Roach, I ntergovemmental Liaison 25. Consider and possible action on Executive Sessions. At 11:53 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. 26. Acknowledgement of FY2021-2022 Budget to Actuals by Funds as of June 22, 2022. The Court acknowledged receipt of the 2021-2022 Budget to Actuals by Fund as of June 22, 2022. 27. Acknowledgement of monthly reports submitted in June 2022. The Court acknowledged receipt of the Extension Service reports submitted in June 2022 and acknowledged receipt of reports from the, following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk County Court at Law 2 Constable Precinct 2 Veterans Services 28. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 41 juveniles in the detention center, 35 are male and 6 are female, and 33 have electronic monitors. 29. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 635 inmates in jail, 536 inmates are male and 99 are female, 51 have electronic monitors and 14 are pending for processing. 30. Announcement of interest items and possible future agenda topics. Purchasing Director Charles Wendt introduced his newest staff member, Josue Loyola. Commissioner Cauley made two announcements. First, she stated that she was invited to speak at First Presbyterian Church regarding their Salute to Community Service event. Second, she encouraged citizens to submit a form for any veterans they know, to have their names added to the Wall of Honor in Veterans Park. 31. Call for Citizen input and/or concerns Michael Southerland echoed Commissioner Cauley's recommendation to make sure Veterans are represented on the Wall of Honor. He then followed up on the discussion regarding polling locations. Mr. Southerland requested that the Parties do their part in recruiting election workers to work the polling locations. He suggested increasing pay if that,would entice more workers. Mr. Southerland stated his opinion that the Court is not � eeq pg g® �./2 g following through in putting polling locations in the highest concentrated areas of the County. He asked that the Court make this a high priority. Democratic Party Chairman AmyAlge disagreed with Mr. Southerland in that she doesn't believe it is about highly concentrated areas so much as creating more accessible polling locations for people that can not afford to drive very far. She is not in favor of more polling locations in South College Station. 32. Adjourn. F The foregoing minutes of the Commissioners Court Meeting held June 28, 2022 have been examined and are approved in open Court this Texas. Duane Peters County Judge Russ Ford Commissioner, Precinct 2 Irma Cauley Commissioner, Precin 4 Attest: f � Kar n McQueen County Clerk 5th day of July 2022, in Bryan, Brazos County, Steve Aldrich Commissioner, Precinct 1 Crtrw� Nancy Berry Commissioner, Precinct 3 F101. Pg 1 of 3 BR.AZOS COUNTY COMMISSIONER'S COURT Name (PLEASE PRINT) `' ,-eel) G;v1/J e M cC - r_ Organization (PLEASE PRINT) r � < r u � ✓� P S S r° ✓ 4 C DE 6c 0-5v\ Bc 0�� tl-cdz(As vol. 363 Pg. Pg Z of BRAZOS COUNTY COMMISSIONER'S COURT ,;2e4kDAY OF fir_ Name (PLEASE. PRINT) / 4 A)(- l(�lvieC /0 v-V-eG I N--, 1L-a e� Organization (PLEASE PRINT) (119ufull� b \( 7�� �3cS� ,.-V �. 1 63 pp /L Pg 'J of —5 BRAZOS COUNTY COMMISSIONER'S COURT o2d'�DAY OF ,bv Al rmm (PLEASE PRINT) rArAW. MOO MAN R 10 20,-,�- Organization (PLEASE PRINT) P Vol. 343 P9• —. Resolution Authorization of Electronic Signature with Justice Benefits, Inc. In conjunction with the contract which the Commissioners Court of BRAZOS COUNTY, TEXAS has entered into with Justice Benefits, Inc. to assist with obtaining maximum compensation with regards to the federal Alien Inmate Assistance Program, the court is now aware that the program requires that all reporting to the federal government and all funding from the federal government will take place via electronic media. The court is now aware that such filing and receipt will require the electronic signature of the "CEO" (chief elected officer) for the County. The'CEO for the County is recognized by the Criminal Justice Department to be Duane Peters, County Judge. Therefore: WHEREAS, the Commissioners Court recognizing the need for the county to have the flexibility to communicate electronically with the Federal Department of the Criminal Justice, does authorize the County Judge to do so through the use of providing electronic signatures for the Alien Assistance Program; and WHEREAS, the Commissioners Court does further acknowledge that in order to insure that timely filing of information with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; and WHEREAS, the Commissioners Court does further acknowledge that in order to insure that timely acceptance of funds with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; and NOW THEREFORE KNOW ALL MEN BY THESE PRESENT the Commissioners Court does require that subsequent to such use of the electronic signature of the CEO the County Auditor's Office will submit to the County Judge for review and examination a recap summarizing the purpose of the information transmitted and the fundi r anticip 4_ _ DATED this the day of Duane Peters, Steve Aldrich Commissioner, Precinct 1 Nancy Be Commissioner, Precinct 3 ATTEST: Karen McQueen County Clerk i y Judge Russ Ford ' Commissioner, Pre i ct 2 Irma Cauley Commissioner, Precinct 4 Fvol.U3 Pg. /7 BRAZOS COUNTY BRYAN,TEXAS PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Local Government Code, Chapter 352, a drought condition - exists or has existed in Brazos County, Texas as determined by Texas Local Government Code Chapter 352; and, WHEREAS, the Commissioners Court makes a finding that circumstances present in all or part of the unincorporated area of Brazos County create a public safety hazard that would be exacerbated by outdoor burning. BE IT THEREFORE ORDERED that the following regulations are hereby established for all unincorporated areas of Brazos County. Texas for the duration of the above mentioned declaration; Action Prohibited: A person violates this order if he or she burns any combustible material outside of an enclosure serving to contain all flames and/or sparks, or orders such burning by others. 2. Enforcement: A. As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. B. Upon notification of suspected outdoor burning, the fire department assigned to the -location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. C. If in the opinion of the officer at the scene and/or the fire chief, the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatchers log containing the time, date, and place of the warning, and the name of the person receiving the warning. At the discretion of the peace officer or the fire chief, second or flagrant violations of the order may be prosecuted in accordance with the statutes and procedures governing misdemeanors. 4. This Order prohibiting Outdoor Burning takes effect on June 28, 2022 and will expire on September 28, 2022 unless terminated earlier by the Commissioners Court or the County Judge. The Commissioners Court hereby designates to the County Judge the authority to terminate this Order in accordance with Local Govemment Code Section 352.081(c)(2). 5. This prohibition does not apply to prescribed outdoor burning activities related to public health and safety and/or trench -burning related to public health and safety that are authorized by the Texas Commission on Environmental Quality for: (1) firefighting training; (2) public' utility; (3) naturaI gas pipeline or mining operations; (4) planting or harvesting of agriculture crops; or (5) burns that are conducted by a prescribed burn manager certified under Section 153.048 of the Texas Natural Resources Code, and meet the standards of Section 153.047 of the Texas Natural Resources Code. ""— vol. p9. /8 6. Exception(s): A. Welding Welding may be allowed under the following guidelines only: Provide a spotter for each welder, each cutter, each grinder, and for any activity that causes or may cause a spark. Maintain a minimum perimeter around the welding area of a radius of 25 feet or three times the height of the actual welding, whichever is greater. (Example: if the welding is occurring ten feet off the ground, a perimeter of thirty (30) feet radium must be protected). The perimeter must be clear of vegetation and kept wet. If the perimeter cannot be cleared of vegetation, proper precautionary measures must be taken (Example: protecting brush, etc., by utilizing fire resistant tarps). • Maintain a minimum. of 100 gallons of water at the site. • Maintain a minimum of one (1) water pressure fire extinguisher per spotter. • No weldingshall occur if winds are greater than 20 mph or relative humidity is less than 30%. • Prior to conducting any welding activity, the welder shall give notice to the Brazos County Risk Manager and Brazos County Emergency Services (979-36I-3888). The notice may be by phone but shall give the name of the welder conducting the welding operation, the location of the operation, cell phone number of other contact information, and the name of party responsible. B. Outdoor Cooking All outdoor cooking or open flame devices are prohibited. • Unless the cooking device is propane or natural gas and has a complete and full enclosure that it utilizes at all times. • Unless the cooking device is wood or charcoal and has a complete and full enclosure that is utilized, and all areas around cooking device shall be clear of vegetation and/or combustible materials or debris for a 5' radius. BE IT ALSO ORDERED that this order may be enforced by any duly -commissioned peace officer and that the venue for prosecution ofthisorder will be the Justice of the Peace. APPROVED this v day of U E , 20 �v1•. ane e1 Steve Aldrich, Coymmmiissioner, Precinct 1 * Nancy BerryCommissioner, Precinct Countv Judee Vol. 9%2 pg. / I DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT ATTACHMENTS: File Name NoAttachments Available BRAZOS COUNTY BRYAN, TEXAS NUMBER: 6/28/2022 Approval to cancel the Regular Meeting for Commissioners Court on Tuesday, July 12, 2022 due to lack of a quorum. Commissioners Court 04/21/2022 False False $0.00 Descrip&n Duane Peters Date County Judge EVol. pg. ate R] BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 6/28/2022 ITEM: Consider and take action to set the election day vote center locations for the November 2022 General Election. TO: Commissioners Court DATE: 06/23/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: Fie Ngme Description _Type Nov 2022 ED Vote Center locations.pdf Election day vote center locations Cover Memo O CV"aI QR Du Peters Date County Judge a-;zr..t:-- � h 4v • ~ .fib a � 4 � = C qy MCI o c F• Cq p v, q s. cci H . v n *^ h O ew tn z C .a c Pa O F .as a es c 'TA v 11 ti V o �Fo� V 5 6i ~ C.1 Cal yy.� P a V 'r G iL S C u L .i. b G � r.r :.r �. .•O,� N a: ,� Q' �a. U LL, �7 CO Nam,, � � !w �v tO co y � '.,� ri v U p •O Q Lei p v, O { r°1. yO > G , _ 3 sai a u o chi v C o 0 0 0 `� eq V �a BQ, o O z C ti rN. .tn, `� o+ C ws 4% •r PIZ w � V yy C N O 93 w C c S ,� v d Ex _ _ P? p CS 0 0 V ca R o F a .v e yo C yp" �. W •fJ a� �y « . a�a tO. �j C ev ��Or'O b G�p'7 �7 U u. iaCSs �O C0°O �0UUR+1 pp� at<CSi �c,a+.�ei.i •�AaomU{�'y ���&U tCO 6n v = r v IS, >-@G ;CgZ Inc,q fy NNj P O L sC+ Op a 1 E 9 `S Z G N en I N b t, 00 C1 .0 Fa1 CL ' `ti Vol. ao pg. BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 6/28/2022 1 ITEM: Approval of the following Amended Travel Policy effective July 1, 2022: • a. Mileage $.625 TO: Commissioners Court DATE: 06/23/2022 FISCAL IMPACT: False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHMENTS: File Name Description Type IRS MgMases mileage rate for remainder of 2022 internal Revenue Service.pdf IRS travel Backup Material APPRO a Peters Date N- 11"y Judge —: Fvc) i. .3 ( 3 pg. IRS increases mileage rate for remainder of 2022 IR-2022-124, June 9, 2022 WASHINGTON — The Internal Revenue Service today announced an increase in the optional standard mileage rate for the final 6 months of 2022. Taxpayers may use the optional standard mileage rates to calculate the deductible costs of operating an automobile for business and certain other purposes. For the final 6 months of 2022, the standard mileage rate for business travel will be 62.5 cents per mile, up 4 cents from the rate effective at the start of the year. The new rate for deductible medical or moving expenses (available for active -duty members of the military) will be 22 cents for the remainder of 2022, up 4 cents from the rate effective at the start of 2022. These new rates become effective July 1, 2022. The IRS provided legal guidance on the new rates in Announcement 2022-13 PDF issued today. In recognition of recent gasoline price increases, the IRS made this special adjustment for the final months of 2022. The IRS normally updates the mileage rates once a year in the fall for the next calendar year. For travel from January 1 through June 30, 2022, taxpayers should use the rates set forth in Notice 2022-03 PDF "The IRS is adjusting the standard mileage rates to better reflect the recent increase in fuel prices," said IRS Commissioner Chuck Rettig. "We are aware a number of unusual factors have come into play involving fuel costs, and we are taking this special step to help taxpayers, businesses and others who use this rate." While fuel costs are a significant factor in the mileage figure, other items enter into the calculation of mileage rates, such as depreciation and insurance and other fixed and variable costs. The optional business standard mileage rate is used to compute the deductible costs of operating an automobile for business use in lieu of tracking actual costs. This rate is also used as a benchmark by the federal government and many businesses to reimburse their employees for mileage. Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates. The 14 cents per mile rate for charitable organizations remains unchanged as it is set by statute. Midyear increases in the optional mileage rates are rare, the last time the IRS made such an increase was in 2011. Mileage Rate Changes - _ ...Vol. Purpose Rates 1/1 through 6/30/2022 Rates 7/1 through 12/31/2022 Business 58.5 62.5 j Medical/Moving 18 22 Charitable 14 14 Page Last Reviewed or Update& 13-Jun 2022 FVco). Pa._ DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT ATTACHMENTS: File Name GovSense.pdf BRAZOS COUNTY BRYAN, TEXAS NUMBER: 6/28/2022 Consider and approve termination of Amendment #1 to Contract 18-139d Enterprise Resource Planning Software with GovSense, LLC. Commissioners Court 06/23/2022 False False $0.00 Description GovSense Document Type Backup Material Duanne`Peters County Judge Vol. -:7:5 413 Pg. H DocuSign Envelope ID: BF403979-8DOE-4AA7-8D64-97D638DDCO20 AMENDMENT # 1 TO 18-139 d- Enterprise Resource Planning Software THIS AMENDMENT TO 18-139 d- Enterprise Resource Planning Software ("Amendment") is entered into and effective this 23rd day of July ("Effective Date") by and between Brazos County ("Customer"), and GovSense, LLC. ("Contractor") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract # 18-139 d ("Agreement") for purposes of GovSense, LLC. to provide of the software, implementation and training services; and WHEREAS, the Parties desire to amend original contract # 18-139 d and add the aforementioned implementation services, Brazos County will pay GovSense $340,000. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Addition of GovSense implementation and related services, and pricing to software scope of work, per the GovSense Implementation Initial Statement of Work attached. This Amendment #1 will shift the. contractual obligations from Oracle America, Inc. to GovSense, LLC. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution oft ' ent and shall be binding on all Parties hereto. 3igizature Name Z0 u Y.s �� Title //1, �� y Date GOV SN E, LLC. y. St u l t ammi sa Name Managing Partner Tit1919/2019 Date Vol. pg Z 7 2022-2023 MEMORANDUM OF UNDERSTANDING BRAZOS COUNTY JUVENILE SERVICES ACADEMY/JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM I. PARTIES This Memorandum of Understanding (MOU)'is entered into by and between the Brazos County - Juvenile Board (Juvenile Bob 6, a political subdivision of the State of Texas, and Bryan'. - - "x., Independent'School District;(`BISD') whose students are su 0i-to placement in the Brazos ,County Juvenile SServices.,�' cademy / Juvenile Justice Alternative Education Program (the " Program ,of JJAEP). It est4lishes roles and responsibilitiecieiating" to the Brazos .County • . -" Juvenile Justice Alternative Education Program and'Bryan Independeaf School District This Memorandum of Understanding is an inter -local agreerrienf ciifered .into pursuant W Texas r Educatooi Code, Chapter 37 aiid Texas Goveniment Code Chaff it el91. H. PROGRAM GOALS '? ` •' The majgi goals for the Program :in providing services for rho; students are'(1) to •provide a continuum , of educational .'services; _(2) 'to establish consistency, predictabili[ty. and appropriateness of student placement following expulsion from their.regular school program; (3) to reiurn-the�expelied s Werht to„a regular school setting as soon as'a_ ppropnate; (4). to impress ; upon the :expelled student: that':there are progressive sanctions,_ or engaging in criminal and delinquent l ehaAor in the.pt6lic school setting; (5) to provide educational -and placement. ft options _for.the Brazos Comity jyvenlle courts;Rand (6) to enable the a elled student to performacade�mlcAllyatthreitappropriate,grade'levet -•,:,: s: III. STUDENT.ELIGMILTY Students will be assigned to;:ttie -,Brazos County Juvenile 'S.crvices Academy/Juvenile Justice. Alternative Education Prograrn'(J7AEP) only as set forth by the provision of this MOU, A:" . Discrrtionary'Ezpulsions.�':_Students may be assigned to the-JJAEP when they':'°-' Wig been ikpetled from BISD for committ, g qn of the offenses listed in the "Attachment V deemed to be a discredonary.expulsion by the Texas Education : Code C`TEV'), , 'as'Usted under TEC Section 37.007 (b), (c), .(d), (f), or (i), and ' S&Hoa 37A0$((6) (Discretionary Expulsion). B. Mandatory Ex, ulsion. Students shall be assigned to. the 'J7AEP when they have received -a &hdatory' expulsion from BiSD for committing one of the delinquent , or crirninat offenses deemed to require a mandatory expulsion''tiader TECSection 31.007 (a), (d),,:and E (Mandatory Expulsion). C. Notification Procedures. BISD shall notify the, appropriate local law enforcement agency and/ac the, juveru'le and juvenile department in writing 'as "soon ast- ' practicable'apon;BISD's identification of a student.wiio it reasonably believes has engaged m delinquent or criminal conduct for which the student will be subject to ' , mandatory or' discretionary expulsion.. Such notke shall be given in addition to IlPage' rc i+a.x». Vol. (� 3 Pg. any notice required under Texas Family Sec. 52.041: D. Court -Ordered Placements. Students may is the'JJAEP..hy a Brazos "beplaced 'County ]uyenile Cduit whey they have been adjudicated or'pbi:ed'on conditions : of release for •8eluiquent- conduct BISD is ieesponst'ble' for proirldin' special . " i ' as ardcula ed. in ibe students' IEPs and/or - educationser�ce's:for BISD students, ; _ BIPs vrheu'suohservicesare not provided by'tiie J7AEP. E. , - Pep:Jsteied Sex -Offenders. Students who are publicly registered sex offenders and restdeuts of 13caxos County many"be placed by BISD in'the' JJABP: as provided in .: ' ` Su6ciiapter I of Chapter 37 of the 'CEC and in aixuidarice.with'the':conditions'set out in: Secti6n.•III.B.5 of this MOU. Only st Ael n"ts *6 Fare Brazos Comity residents slay be' d in the JJAEP under this provision F. Adult Students e1 student who is 17 years or older (Adult Student) is not eligible far�tivenrle prtibahon services unless the stndenl was on juvenile probation at the ' tons of.earollinent In the event an Adult Student does'aot'iai*( the JJAEP Progam behavior expectations, as determined by„the JJAEP Administrator, _the" -. 5tuderit.sha111ie etuiacd to BISD:for disposition.- 'T1ia. JJAE_ P shall�ri_-'t accept nor: keep enrolled any► student who is, 18 years of ageror older. "Maridatoiv aiidrDiscretionary Placenents.. Students expelled iota tiie JJABP shall onik lie:accepted or remain in the; JJA):P.if ordered as a coaditioa*of court ordered ,- juvenile probation or on -a condition of release _for "Delinquent .Conduci" (as 'defined by;TexasFairiily Code Chapter 51) by aBrazos-County Juvenile judge or :. ; � • _ Br' County jiivenu'le referee." Eligibility of:any other student expelled.from' ' ' BISD. on a dtscretronaryubasis zvili be deft mm6d-.by tbe.JJAEP girl BISD on a - ` y case iiasis:-following ;BISD lhea ari.:recomruended expulsion. The , JJAEP will ii i otified of such hearings and penititted to aitend " IV. ,.r °ST_iJDENT PLACEMENT Tenn of Assignment to the JJAEP A. ; .Term of Assigninent The discretionary expulsion Or placement oider by BISD shall:specify.the number of days •or term of tiie e,X', io> or placeirient For' the purpiise'orilus'Article, one hundred eighty`(180) `ei iroIleii_instructional days is a . year (Year). ; Minimum placement, will be no less "than, ;thirty (3dj instructional A ays tut not tweuceed one year unless otherwise required by law ; Students being - .- discharged from"the JJAEP shall be released at the end of a grading penod back to • - _'BISD. . B. i Notification°;The JJAEP shall provide a basic;sahediile of iastnictioii to the home -` distiict'•of eaoh student within five business days of enrollment. C. Mandatory Exaulsions.. -A' stiideiit's original tam `Of eacpulsion.foc a. mandatory offense may not exceed one (1)i4endar year.'. A student's total assignment to the ." x JJAEP for the Mandatory"Expulsion mayiiot etcceed one.(1). year; An exception' . - Tay be-granteil'`Wthe expulsionOf a studenYivho:biings:a firearm to school A = e student"expelled from the student's regular campn8 f0i a period of one (1) 21 Vol. pg o` l ".:.calendar year i*accordance'with federal Iaw may be assigned to•the JJAEP for one (I) calendar'year. D. : `Mandatory and 'Discretionary Placements. A student who is assigned to the ..' JJAEP due .to a'Tvlandatory br Discretionary Expulsion shall be returned to BISD .� upon the first of these events to occur. ' ' 1. ,;:,' 1. The oha ges are dismissed 2. The'studeritis acquitted; - 3. ' '.. The student "is ,discharged fiom ' juvenile • probation or from conditions of release; 4. The studeii completes the,'teim of placement; .; 5. 'The etudi4braduates fro high school 6: T$e'student's assignment at the JJAEI? reaches oRe hundred eighty (l80) e&6lled,,.instrugt6nal days; or, ;• ° 7. The studen, sdccessfWlycdmpletesthe JJAEP Program." E. '.' gtudent.Relia�es: ;'The JJAEP 'staff may iecomrridhd"students who demonstrate '' exerriplary .pe'fgznance. 'for early release' and alternatively, miry 'recommend eitpulsioA texin :extensions for.pstudents *h6 do'not satisfactorily complete the JJAEP, p-rograr ',n'The final determination to eictenil a `student's expulsion term is" ",:that of•,the BISD:" Astudent's assignment to the JJAEP shall terminate at the earliest of one of the ; `kowiiig date5t, L. -Successful completed of the expulsion term;' j Early release pursuant to the preeediug'paragraph; 3. . 'One. of the seven "Exit Reasons" described in Texas Juvepile .Justice Department 348 standards: a ;Completed program / returned to`hojne, school while oti probation; , b. ;Coitjpleted program /,ternt bf probation expired; " -o. ' Completed'proi'ram/ term ofphicem©at expkid;. d. GIE6, :oiripletion: ' e. Graduated , f. program incoplete; g. 'Other'— left pro,"tam for non -delinquency reason such as moved, deaik or medicalieason; or " 4:';.. , The-sJJAEP reaches one hundred eighty (I80) enrollea,instnrctibaal days- F. " ` ' Maximum ' Student Population: ' The maximurii'.student population shall,not - . exceed;thicty (30) students. In;thb. event the JJAEP population exceeds thirty' (30) enrolled students'the JJAEP may � 1. Discha'rge, and return discretionary expulsions enrolled at' the JJAEP back to)MSD to reduoe`the population;'and / or, 2. : ]tefyse or deny any new discretionary expulsions from BISD,' - `. 31Rage,.. . voi. 343 pg. JD G. • . Referrals. BISD shall be allowed no more than four (4) disereiionary referrals at • , any one time: V. SPECIAL PROGRAMS Special Education and 544. _ A. :Initiai� .6r•S64.Committee. 4BISD studentwhd-commits an.uffense and has . been rdenhfied'Ci}i>BISD.as'.hayirig a disab tyiiiay'be;expellecl:focii BISD only L after a duly constituted Admissian; Review and D ismissal ("ARD") Committee! _ detemunes :that; true alleged offguse is nota, >rianifestatioa of the studaiifs disability' "in accordance with applicable state and federai laws BISD. shallinvite the JJAEP" ti'=:. Adavnisiiator or itie:aduriastrator's des'sgnee�;toan ARD :committee meeting cozened to_discuss a BISD student's expulsion ,BISD,m provide reasonable i rzotice'of the AItII.,committee meeting to the JJAEP=ailmiushator and to the parent " }--and _ consistent :vviti federal -and- state law. - A copy of did' -student's efeent ndividualiied o4ucation program (IEP). and Behavior Intervention Plai ,(BIP) iniist k --be grounded tc; the_'JJAEP Administrator tvitii the -notice If -,the JJAE] ' Administrator of _designee is -unable to attend tire. AItU committee:meeting; the Y_.'. . JJAEP`fepresen%tiVe must be$iyen the opportuaitJ!;to•paittcigate in the meeting through alternative mesas including conferenca;.tele�hone calls. The AAEP representative'may: participate in the meeting tq'the extent that the.ureetiag relates to Ad student's laceinent is the IJAEP sad implementation`of:the, IEP or BE? in P the JJAEP Any BISD student who has been identified as„a:504 religi6le student ; may be expelled only afier" a04 enmmitfee deteirriines whether. the -student's ai3isaT) ft' as it elates to ` the allied misbehavior;: should ieesult iri the student's B. Section=504-E1Rhble Students. ,(1) The JJAEP -mill: ensure, is collaboration with BISD; that: a=°`sfudeiit=who `is `eligible for` senrige's:;undei.Secton' SQ4 of true - 1teliabilitat on `"Act of _073 is'pio� ided'services"`arid' instnictiori appropriate to address' his- or -her seeds, as determined "by a' Section°SQ4 ,committee. (2) :�.' . ;Docuirientation of Section 504`eligibiliiy cleterii>snatioris will bmfor _'`'x each student C. , - :EneGslr'as"a Sewn d'-Laiiauane BSQ. (1) The JJAEP, in collabordtion with BISD, . gill ensure that :a;etudentwho is non: English. speaking or wbosgeatss English as a' . second language,rs provided ESL services and instruction appropriate to address his :or her aee�s, as deteiauned by a i��e proficiency:,assessuient;coniniittee - :(LPAC)_ (2)ADoe iirientation of I I'AC deterininaticiris.witl be-maiiAained for each' ' student: D. IEP and BIP; BISD, Students with disabilities assigned to: uric JJAEP will be provided-fAdcational,-services detemiinel Fry the_ARD, Committee,..and. -artic`ulafed m -the; -IEP_ aad % or -BIP, such't3iaf the student receives a five and appropiiate,pul lic: edu"ou is defined.by feaeial and; state jaws ,and as further -';provided herein:: -The IEP and tii BID? must delineate: the projected date for the beginnnig of services, �persdnnel who will provide `diieot aurUor related services,`'" the anticipated frequency, Iodation and duration of sem.ces, and modifications for 41Page aY . "._ _ - :�.. _>:.. _...-t-.-•- ..r., ..-a.. --"i - >i .._y. >.. ..a ., ....q. .. ':.a c..... z.w...:.. .. o t s�>-emirs v.>^L�•..., x s.z _ : _. ..s .av-... .�.. Vol. S63 —pg. �/ the tern of the student's tenure at the JJAEP. L Responsibility, iJltimateIy, BISD is responsible to ensure'that appropriate progiams and services, as articulated in a BISD student's IEP and/or BIP,. are. provided -at the JJAEP: continuously'Ji d without 'disruption. The Juvenile. Bpar.. is not'respoiisilile for'the provision of special education service s..`.04 :service's or LPAC/ESL`:'setvices. All related, -services ; articulated in students' IEPs must be provided by BISD.'Related services include speeeh therapy; :'occupahanal. tlierapY, ..p4sical therapy, al - transportation, in-holi►e/parent training, and sign language interpreters. 2. Amondtnents. -The JJAEP Administrator or.designee will notify BISD, if ' the JJAEP'is.unable,to implement`theaervices assigned to it in the IEP and/or_: BIP of _a BISD . student. BISD will convene as ARD Committee i meeting;: including the : appropriate JJABP� personnel, °'to reconsider :ihe placement of. the student JJAEP, or amend the plans as deemed necessary. Any; amendments to an IEP .ariWol BTP 'of a BISD: student will..be eff, ectuated I ough the BISD ARD Committee:: The JJAEP will provide a copy,of each special education'student's schedule with& S school days of BISD's4equest. C. Suspected Disability. If.a BiSD,student assigned,to the'JJAEP is siispeced of having a disability under the Individuals with Disabilities Education snd'Iinproveirient Act'(IDEIA)' criteria, BISD's Child -Find procedure willbe initiated to resolve whether as assessment to- determine eligibility is necessary. . .. :> T1ie,,JJAEY staff --will .M' sist;;with. the completion,=.of the_,,,necessary referral documents Any BISD student determined to qualify for services and protection under -IDEA or;.Section 504, shall be afforded alllawf required services and "protections by BISD to the eztent'that the JJAEP'eaanot:provide the service and BISD is notified of the need to provide the service. D. Chinize of Residence. Students, receiving .special ':education . services prior to .their "Tulsidn and who changa'tesidence to. another ISD' served _ = . �.. by tiie JJAEP, °abalTcontinue to' be the responsibility of the'expelling ISD for the duration of ihe! f xpulsion: ; E. Special Education Eligibility.. lq,any instance where a BISD JJAEP. student wspe ho'was not eligible for cial,education services, at the time:of . . the expulsioii;.aad/or who has not previously;`been :admitted into -a special education prograiu;°changes residence from the expelluig-ISD to BISD and now'.': ., qualifies: fl` cial education, services, an: ARU'Committee'ineeting wil.,be'' convened..with: representatives from the' expelling• ISI?,' BISI?; .and .JJAEI'. persoriiiel.'' Wiieti a student is'identified as aapeciat education student°and after consent is obtained for. that student to receive services, the I5D .of the new residence will"accept full responsibility for the expelled atudeatclaim. Average Daily Attendance (ADA), provide any special education'services`articulated in the IU and%or BITP:tliat the JTJAEP'cannot provide, and be obligated to pay an cost'for . 3., ;' tii46*a ieni taahe JJAEP BISD retains the authogW.to honoi`or terminate the expulsion and have the student attend one of the schools within BISD. 'BISD shall be responsible for the provision of special education services as .deenied =' 5Pa',- e E; . �.. '�,':�.-;f�->�_:.,.....:. _ :_...Nr.: ....,..,,.,. . _ �+ �.:.c-�r--^-z-.e�-.�.r-.^^r�..«..�msh-l-.-.4.tr---�,az',. � R..�+-�.:z'-a:nn-;---r-•.,..•-.-..:;.� Vol. 3 Pg. necessary by the respective evaluation team. F. Accountability. -'Accountability for BISD students placed at the JJAEP shall re maW_with: BISD. The eligibility folder will stay with BISD and a working folder will be sent to the JJAEP prior to the intake appointment. G. Addressing Concerns: After placement of:a BISD student is the . JJAEP, if the JJAEP has concerns that the studen j's i nation or behavioral needs cannot be met lithe JJAEP program, the 7JAEl''sirall provide zwritteI notice of fire speci5c concerns to BISD. 'BISD will conduct 11. au ARD. Committee meeting to recon5ider:'this.place6nt of the student into the JJA13P aiA to avoid disruption.of services `a 'd/orl'ip- proper placement, BiSD'is responsible for providing notice to -the JJAEP and'to the parent,of the ARD Committee:meet$j in compliance with federal and state law and'edvising theiu of.the,y pecified time and location of fire ARD & nunitteo meeting: IF the JJAEP Atrator or designee is unable to attend',i ie ARD .Committee meeting, the JJAEP; representat ve must be given: the •opportunity to.participate m the-keetfng through altemative.means including conference ieleph'one calls. The notices required in .the. Article IV must be provided in the- native language Pt. &:,parent or mode,of communication used by the parent, in compliance with federal law. The tetin "native language" when used with reference ,to an , individual of limited Sriglish 'proficiency, means the taiigriage :used. by'the individual ,' or in -the 'case• of •the child, the language •„ r normally used by the parent ofthe child. V. AD1iiNI§ThATION OVSTATE-MANDATED ASSESSMENTS All state- 'quired:standardized tesCs will be administered to students enrolled at the JJAEP. The r ,_„ follo�virig _respbdsibilities sre assigned for adrr inistration of the tests: A List -of Students. JJAEP stiff vill provide BISD with a_lisi of all students from that District sniolled at -the JJAEP et least.t9.(10) `school daysprior to the date.of . •- - -. ailministra6 i of state4equiredi standardized tests'and will update update BISD as to any chauggs. to that list through the date of testing. B. Answer Sheets.., BISD is responsible for securing, coding 'and delivering all 40swer sheets°to the 7JAEP Administrator or designee at least five (S) school days before' the` da`" of standardizedi. test adiainishation. BISD 3!will .also provide , additional_ansiQr documents to cover students i*brholi'after the list of students r was pio' i dedio.BI8D "} C',,Modificatia`n,'-*,BISD will'assiat the JJAEP staff to ensure iniplementation:of ", inodificatibus 'articulated irithe IEPS and/or BIPs for standardized testing, a's ' appropriate,' for,students receiving .special .educe on's6mcc,%. and.speakers ;of languages other than English.""If the modifications exceed what the JJAEP can roeu ble implement, BISD remains rwespons.. 'a for ensuring that the student has access to theneoessary modifications by whatever means `BISD deems most ~- appropriate. 61Pae :. Vol. pg. C33 D. Retrievina Commmoleted Answer Sheets. The JJAEP is responsible for making" necessary anangemeats to retrieve all completed student answer sheets aitnbuted `to BISD's :students enrolled at the JJAEP. =This should occur at least ten (10) school days prior to the state -mandated ship date. : E. Submitting °Answer Sheets, BISD is responsible for obtaining the student answer sheets; and -is also iespoasiNo for-retuming all answer sheets and test booklets to the appropriate TEA contracted agent. -F. " -,"Student Success .Initiatives. The JJAEP will assist BISD in meeting student success initiatives_mnaadated by state law. This issistance does not include the, hiring of a lditioimal s k VI. -FUNDING ARID "BrLLING Mandatorv`Expulsiomis Funding for expulsions deemed by BISD'to be maimdatoiy " or -purposes ot~Texas Educa$on.Code'Chapt6r'3lwill beprovided by the Texas Juvenile Justice Department ('"rjJD ., for tltose;studeuts. who meet tine prescrihcd• - TJJIj"eGgibiIity egtiiremeiiis. 'In addition to the g2c ni eceivecl from TJJD, BISD will pay for the-atten&a to of such students at the late of S27,64 per day. B. Disoretionary Expulsions. For .students who" are Discretionary Expulsions .�, pursuant,to::TEG- Section 37.007 (b), (c), (d),_ (t), or (i), add Section 37.008 (b) BISD_ shall" paylie 'rate of 5106.00 per student per` -day of attendance at the _i:-JJAEP.'This.ii4 may be modified by the7uvenile Board -during the term oftW ' MOU. C. Court Ordered Placements. BISD s)iall forward fiords received for -these students froiri' ihe"Texas'Education Agency based' 6h BISD's dairy attendance rate, .•"lieieinat3erirefetted to as "Target• Revenue', to Brazos County Juvenile Services'. D. 'Pavinent. !BISD shall make payment to the Juvenile Board through the Brazos y ? .Coiimty Auditor:-- Payment for the full amiiount hereunder shall be made payable to "'Brazos County ,within thirty (30) days after the• invoice issued by the JJAEP Adtiiiiristii atof. VU;`TRAWSPOR.TATION = = : Participant ISD itesa'onsibility: `Transpnrtation_of-students to acid from the JJAEP shall be "the. -sole• respon'siiiility;of. BISD. BISD is responsible for _either transporting, the students or information paieats:of their iespoiisibility to transport their=c7u'ldren;to. and fiotai the' JJAEP. BISD shall provide all necessary: security at the student pick upldrop 6ff location(s). Special :.. : Education""students for whom special transportation is required by the students .Individual Education Plan (lEP) will receive transportation from BISD. " VIIL TRANSMON Approaching a student's completion of his/her term at the JJAEP,' JJAEP staff will send BISD a = " 7IPage Vol. Pg. ��. transition file that lachider. A. 'rho student's grades converted t6 numeric -scmw, when reoeiiid by BISD, course completions will be B. A, behavior sunkmary.,redonmeadatims...and comments that suggestplacement options � that the, itaff d '41,mpdate for -the student retturniagto'hislherliome`cabipus: D. Other recommendations and daraaieuls. p;��I� sentence. c 'or phrase of thii. Ifanyprio-V obsectim cum moui or the applicallpq 6f same td.amiy.,�� or set of df4mtstance% is far. nay reason , helA by a court of c;;**'ji�isd!ctio� tb bb,`,i6 -void;or unenforceable, lid -Temialmm Sw conftd In M force and ep%ct " x lim This Agreement; supersedes-.4.jdor MOU agreements betvim-these pardes -and Shan be in emabiefAilgast 1, 20&"61#0�ffimgh, ibdinA�R;Jqlym, i023.'This A&e=ent ihau , reiliw 4t;ivalic4 etch I IS with Aug6st 1; 2022 -unless notice year on August 12 beginning of a P,",q intent id-.6 imew"Is seat to tit® 61; n - party prior to July 154 of that year, The Braias';CDiutty 'Juvenile Bi6kil'and, B*w District may m6ft "this AFemen(tfnder taiins as ipecifled k a Qt6i adifindwn to bislgnd by aU p ihis"Memoi;3hdM'6t.Unddrs-tan4z, together with ibe.bstrummeats heratofine i =morated by 'b re �ience ibd q it��,heiito. c&ft� the entire agmerh e the es with � J, agreement * -to &:a No other agreetueWi&W64 iispeii; Jed MMF lb��C _.J Si Xby Or to _qrVom- any employee, officer,'bffiblal.. 6ragent of *pm0, that is not contained herein sbaU be of any p ' force"or effect. "Amy'&bm bons to the terms hereof must be is wriiinj and signed by the' parties. AMM AND MtaMb this the day Of Gun-C), ............. Brazos Cou"d y Br. -N=e.:Judje Dwmc Petq6 81page vol. pg. Vol. 6 3 Pg. =�-__ -2022 2023 MENIORANDUiNi. IF IiNDEBSTANDING BETWEEN BKAZOS COUNW JUNENRX JUSTICE ALTERNATlYEED.U&TION PROGRAWACADE AND COLLEGE STATION MDEPENDENT SCHOOL DISTRTCT This Memorandtun of Understai ling,(MOU) is entered into by,:ihd. betweenthti;Brazos County - Juvenile.Board Quvenfle Board), a, political subdivision or the State •of -Texas; and College _S%tiori Independent School- District rCSISD") whose students are su6ject icy placement in the Brazos t outlty Juveiate Services Academy:/ Invenile Justice Altemadvo EducationPrograin-(the Program of _J3AEP). It -establishes rotes _dn(f°r onsibilitjes zelatio . to the -.Brazos. County Juvenile Justice.Alternative. Education Prb-rn and College -Station Independent Sch641 District This Memorandtnn of Understanding is an inter -local agreement entered into puissant to -Texas Education Code, Chapter 37 •anti Textts Govdri►ment Code Cliapter 79I. IL PROGR-AAT !d }Ar S' The major ,goals far the Program in providing, services for the `sttdents are:_(1) to provide a continuuta of educational services; (?) to ' establish consistency, predictability, 'arid -appzaprfateness of swdentplaeemenf followingexpulsion fiom.theIr regular school program; (3) to left m the expelled student td a regular'sohbol`setting as soon as appropriate; (4. to impress i &n the expelled student :thai:4there aze progressive_ sanctions for engagutg'7n 'tsCirhinaI ,and delinquent behavior in the ptibliz school set'4r, (5) to provide educatioAal and gl cement - options for the Brazos county juvenile courts; and (6) to enable the expelled student'to peif6rm academically at dreirappropriate grade level: .=., IIf: STUDENT ELIGIBILTY Shrdent$.svill be assigrte8 fq Ae Brazos .Couniy Juvenile Services Aroaderimy/Jdyeuile iusrice Alteinative Education Progratin (IJAEP) 6niy as aetfortli iiy the p tivisio3r•of this lviQTJ A. Discieuonary_Expulsions...Stitdenis nrth_iay . assigned to the 7JAEP when, they have been:eXpel{etT from CSISp for •committing Ori,-of thif. of crises listed in the "Atiaohatcnt, A"deemed to be a discretionary rt xgtilsion•by thetoxas Education ' Code ("TEC"), •as listed under TEC Section 37.007.(b), (c),-"(d), (f), or r), and Section 37.0081(b).(DiscretiQnaiyEitpulsiofi). li B. Niandatbrv. Exvtrlsion. StudcA6.'hall-be assigned to the JJAEi? v hen they liave.. _ received a manf7atpry Exgul&ion from CSISD ,for committing one of the delinquent or crrtriinal offenses deemed to require a magdatory expulsion coder- TECSection 37.007 (aN (d), an,df (MandatoryExpulsion). C. Notification Pmeeduresr CSI$D sball notify 'the appmpriate local kw- edforcemont agency and/or the juvenile and juvenile department in writing as _ satin as pmcticai le upon CSSiSVs identification of a student-who.it-ieasonably c 1�.�"',pr. y-^,!:++�-.q.�•-.r^•=r-i-s . , ..' '<-u` ."*'x ..:`e _ Skit+"a; e• r c*:, : z" _ -7,77-31 I Vol. _-- 3 _ Pg. .� believes: has engaged in delinquent or criminal conduct for which the student will be subject to tnandatory or diserdiiopary expulsion. Such notice:shall be•gi�ren in I addition to any riodge required tuder Texas Fainily Sec. 52.041. D, :.:Court OYdeted Placements. Students may be placed in. she JJAEF':by a Brazos . •- -.County Juvenije Ctaurt when they :hare been adjudicated -or placedon'contutions _ of ielease for deiiaquent conduct.' . CSISD is responsible for ptlyiding special:.. education services for CSISD students, as'ariicnlated in the students' IEPs and/or I BIPs when such services are not providQd by the JJAEP. E. _ > , `Registered Sex Offenders. Students who are publicly registered sex -offenders and residedf of J3razgs Cbrinty many 46 placed by CSISD in the J3AEP,as prpxrided = . .:"°:.in .StibchapfeaI of Chapter.37• of the TEC and in: accordance vin the donditions set out in Section JIBS of this MOU: Only kadents-who acre Brazos County xesiddnts may bo-placed in the JJAEP under this provision. - F. `.: ':r�diiltStudents ` A studentwho is l? years orolder{Adull Siudeptf is tot eligible :.:,, ,fo juveakprob4on services unless the student:was do juvenile probation at;ttie " ,. time of enrollment. In the event an Adult Student. does not meet the. JJAEP ,', i'r'gn n behavior `expectations as determined by the JJAE.P Administrator; 'the sfudentshall be teiumcd to CSISD for disposition. The JJAEP 'shall not'accept. iior keep. enrolled aay student who is IS years of age'or older. = G. Mandatory aM.Discretionary Placements. Students.wpelled into the JJAEP shalt only be aecepfed or remain in the JJAEP if ordered; as a condition of court ordered :< : ,!'' juvenile probation or on •a condition of release for "Delinquent Coiiducf, -(as defrned by TeXas�FamilyCode Chapter 51)-by a Brazos County juvenile ja'dge.or Brazos Cdunty juvenile feferee.: Eftibility of any _bther student expelled from. _- CSISD on a disbretiouary basis will be determined by,the JJAEP and CSISD on a _ = case by -case basis :following CSISD hearing on.,xdconmtended, e;;putsion The ::.;;:. 1J3AEP will be notified ofsut h hearings and.permiitedlo attend 1V. STUDENT PLACEMENT Terai.afAssignment to'the JJAEP ' A ;.;Term of Assi ' ent The discretionary expulsiop or placement older by':CSISD 'siiall specify the number of -days or term of•the'expnision or placement: For the' 'putpost~.of this Article, one hundred eighty (189) enrolled instructional days is a (Yeaf). ' Minimum placement will be no less than thirty (30) .%$tructignal days but not to exceed one year�unless otherwise required bylaw,;` Students being aisgbarged.£rpmhhe jJA1P shall be released at the'end of a grading period back to ,.. . CSISD B. Notification. The JJAEP shall provide a basic schedule of instruction to the home : . district of each Student withinfve business days of enrollment. . . C Mandatary Expulsions: A.student s'original term of expulsion fora'map . Ory offense rtra not exceed orte .1 ;calendar year. A:studeut's total assignment Y .. {) .._ Y 'gdment to the , ,,. 77A$P for the Mandatory Expulsion may not cxoced ono (1) Year.::Au exception . :.i"'i """��'`�:,:".;'°'e" su#"a.. .�'"'•.,�.xs"c;'�' S xr..:,_.'�3� <;.... , .....x�.''.3*'�a 3 .x�,.tid �.:,::..,r���- .;'' EVol. �J� pg. � 7� T 4. -may V� mated' " WcW,.-46� gs a firearm A for the bxpP!s!q !qLJ ta -s V`i�d the sttigie regular for student ex - - with student's. reM r qam r i &&d.bf one -CII pus dance %Wth f -�,--t-�ilindar year W-40cor federal law JIAEP IbK rZ Assigned t� _(1) cakidar �Y` ear. L i,T,9n,e A ,Stu 4 'N Placements �vvho fit �a§st Ao' o -D assigned th 11 gid'a6r. _iEcl Discretionary Sn JJAEP dui to ii-N lailatory or Di§ctetiontily Exprlsiiin shall be.ietuiiiedto CSISD q: upon.the �f bise"i Ahe f occur: i The chu"i" ga= d13misse c.stu ea is acquitted, ." - -is dd ftid.Ju--,v&Ai e.! pr ob ation 6 6Mcl�f_ ididdaofrelease,' V.- 4, The suudent completes thverm of P. cMR grgduates school A' ­-T -s :Tile es ofic h6fidi4d tight 6. . '. 6 reaches t at e JJAEP _y -4 (180) oft ed 1nA.TvcUonh Ays; oF S -S t adcht-Releds J- , ;�.e JJAEP Ji , fec6ffii�ad. students who 'ttbstjile' y,pt and ti tehative M&N recommend Ik ex pulsion o'nfly, complete the ulsiqn:� �isiortg i6i�akeiffs who ao.6bt-s-aitidact '(ift Wim is c fatal de ti6a to.extendA student's .. tyl ­Wihat. a thi -C f� "A student's qaijVkiqdi to the II&P. shall terminate at the eafliiif,'d briedr the A, _J,fouo wi ,4 '0 1­1 L y 1�­ Sucq.6M4QMF ,fqIdat6gufsVbIit to epteci'dm Spa f th ;1�.60%xft Reis6W,,-'�&96ri 'I ..... ... . < jos tice Deffi ent a. Completed projiani:/. returned to h6ieOchqol while on probation, 'Retin �qprobation expired; !11II:;:coniPTLqW Prov= lean 6 p Bcataw,expired, 'T f . Programincomplete; bihoi program. or n -left on-461ifiquegoy reason such own -or mQdica Tcason; iN i; The,--*td&ht;s ign"M­ A 'th as Q e TJAEP .01im b:undi6a'6ighLy..,(l8Q), 374 IPAP�S 20,0 gffidifiv Population rnaxlnuA`.'iWcmt population thall not ;i exceed .(3Q).!sftidP vy th tli�4��bt the JJAW06pulat 0� Akoe 5 c VIM -W #4 xeturn:dis'crcttovtM Upifikns-:dnrolldd ut 7 �v ,j Vol. 3 (0 3 Pg. iFI sU.. 3 11ie�JJA$P back •ta CSISD to seduce the popul'giioq; and 1 or, 2. Refuse or deny any new disoretionars cxpulsions'fti n CSISD: G. Referrals. CSIM shall b6 allow•'eil no nibre than four(4) disgretictnary referrals at - any one time,' . ?' :.;` 17. .d.. V. SPEG`lAL PROGRtkMS = = Special Edttcation and 504. iuitiat ARD or 5t14 Committee. 'A CSISD commits, pm offense and A, studedf4ho lias been ideiitiiieO by CSISLI as havinga disability may be expelled fiom CSISD• ' - : only after a .duly cc nsftgtcd 4dmission, •Review and Dismissal_ ("ARD,"`j Committee determines that the alleged- offense'is not a manifestation of •the•- .' stdden't's disaiiility is -accordance applicaiile state and federal louts: CSISD `- shall iayite tha JJAEP Adminisrator or the adaunjstrator's designee tq an ARD cowiittee•meetitig coiivencd'to discus's a CSiSD_studerit's expulsion CSISD must provide reasonable na4c4 ;of the ARD committee 'meeting:to; ha JJAV. Onii"tor'ar d'to tine parent eonsistent with h&W and state lavr.'r` A copy of -'the. •student's ' ci&ent individualized education piograi t (W) and Behavior Interycntian plan (BIP) must 6e provided :tn the IJAV Administrator with. -the notice If.tite''7JA1IP Administrator dr designee is unable 'to attend, the:ARD committee meeting, tine .JJAEP representative xizusi be g' iven the opportunity to participate -in the meeting titiough alternative means incltidizig conference , r teleplione eaUs:'-Ths JJASP representative maj� participate iri the'riieeting to the = extent tht;t "the: meeting relates •to the student's .placement mi "-the; JJAEP -and implementation df the- IEP oi: BIP in the JJAEP: " Any CSISD student wjib has been identified •a 504 eligible student may be expelled only. after a •504 _. .aa ..committed determines whether the student's disability as it relates t . 'the alleged - - ", ,ailsbehavior Adbild result in.•th"e student's expulsion.- . B. -. Section-5tkl-El $role 8tudents..(I) The JJAEP'Yrill:ensure,'in collaboration with, CSISD, did' student who is eligible for seritces under Satiou'SO4 of the '4 Rehabiiitdiio ' Act pf 1973 is. provided services �iid instruction appropriate tb address his or ` he'r needs, at. deterkitied by a Section 544coittmittee. (2) , Documentation' Section 504. c1'igibility determinations will bo,tnaintained for ` cacti student. C. Englisb as a Secand LangaaEM=tt?SI:1. (1) Thg JJAEP, in collaboration With CSISD, will eosure'that $student Who• is non-English speaking or'vho speaks English• as a second language is provided ESL'set3' ke and instruction appropriate address'liis''oY hcr•nee&, as determiner( by.a'ibnguage prpf"icieiioy assessment .,committee (1,1?.AC). (2) Documentation of LPAG' deterinintitions, ►vill "be ' ' " a . maintained fgr a h-si tudent.. D. iEl''and tIP. CSISD Students vAth disabilities•assigned to the JJABP will _ be provided. educational services determined. by the ARD Committee, and " `articulated in`dte IEP and I dr'BIP•, such dial the student receives a free and appropriatG'patilic.education as deilncd by federal'aid state jvw%-aitd :as futttter: ;= girovided herein, ,'Cite IEP and / or SIP must delineate the p%jeered •date for the': ' Vol. A3 Pg. 4/0 beginning of services, persQnndl who will provide direct andlor "I 6d services, -i the anticipated frequency, locaUpri and duliflof � s6tyices, =4 modi�jcd ons for 'Stud tenures'the ihe JJAEP.. �Iha term of Ilie entfg tq Fl -CSISD is responsible 'to 'ensure that i. Responsibility. - Ultimately, p 'jibon -,Progranis and iaices, as articulated in OlSristudent's lEP and/or 'I3iP, are providedat IfteF Jj:AET, cQnffiiuoudly add Wbout - diAigplicii. The Jtxvenlld board is not responsible.for the of educations P.&C-/ESL servidw: All related specialion, '504 -or L aalcuiaied in i, services tudents' 1EPs—Iiiiist be provided :by eSISD. Rclate;l.serviccs include,sl;6.ech. therapy, qqdvpatiunal therapY, phyiidi I ifent Wining, and sign Language. special traospom tl9n, 1440MC(P interpreters. or designee wi x 2. Amendments.The JJAEkAcrvfln§trator ! the JJAEV is unabletq.Kplemcut theS6,M"ces-assigued "to the t in' IEP itudent. CSISD vhll,con�ehe an ARD Comnil - andler..BIPof a CSISD Committee meeting 'includifig •the p0bropriate JJAEP. personnel, to':reconsider 'the- pIaceriMi.of the'Mudent JJAEP, or amend Ilip, plans. as deemed.necessary. Any amendments to an TER andror BIP of a CSISD student will be effectOated throughthe CSISD ARD Coumfittee. The JJABP will provide a, eoU6ecaoh.sp&Lqal-educatimistudent's 'schedule wit.hin'5 school days of CSISDIs request k C eeted. Disability If a CSISD -student assigned`titthe JJAEP is wspected of having a.disability under the Jndivibalvwith DisaWties.Education and ImptoWment Act (P14A Cprqp ),Oiiteria, CSISI�s hi - Id 'Fj�d, ' ddiiie evil)evil)be iitltiated to rckI' Lin) ve whether assessment to, d eligibility necessary.eteirftine c gibili is necessary. The JJAEP staff will assist with the completion of the necessary referral docutiients. undek 109. A.ofleMy CSISD ttudent;dete6niuedt6 fdr services 4g4 �.roldddqfi OoT'�64, s be aided alklaiNMi lawfully fequired:9Qces and `r pmteAns,by,CSISD-to the extent that the JJAEP. ca4noLprovidb the service -apd VdSISD is i6fHld4pfthe neectio: Iliovide the service. ." D. rMnge of Raidehce. .Students rdceivlg special education services prior to their expulsion and -.who chan$e'iesidence to another ISD served by- theJJAE?,..s&II continue tb the respomi6dity--elfic expelling ISD fdr the durati on of their expulsion. Eligibility. Ini"'a rty'iiistaMC6, �ih a CSISD B. Special Educatto JJAEP studdrit'Op was not-elijibk for special-dducation services. at the time bf Y tire, expulsion, And/or who 'w` for prcviously..b dailfied into -a special eiiueatioti pm and 11 iddhoe from the: ISD iii CSISD riots gram, changes res . qualifies fo)r special edii6ation.'services, an ARIDComTni#w meeting will be ,,Corrvened w ith,.jqpreseiitatjyds from 'the, expelling ISD, CSISD,:and HaP "'personiel. Whoh ii student is Jd,e�ified bs* a spec'ial education'stu i dent 'and after is obtained fbi that:siiid�nt to receive 'theJO of the new .residence -MI16cept Full re 6"llity for the- etc pelled studerit� qlaiin Avers fJailp nd special education seNiees atticulated`in fire (A ),'pruvid&,'�. MT andfor BIP that the JJAEF Lifinot pydvide, end bO'obIiZat4t6 pagan cost for 7- -Z von. 34-3 pg. M r a :. � [ .. Sys•.{� •g '� i '�� i.� .� 7 , • .gip r4-„� �",�- ; e"� x, the placement I4 the JJAEP. CSISD rotains the authority" to honot or.tertntiiate the expulsion' anti' have the. student attend are of the schools within CSISD. 1. C41SD ;shall be.:responsible for, the, provision of education: services as deemed necessary by the-respebtive'evaluation Wahl. F. Accountability `Accountability Xor t�1SD students', placed at the . i" m JJA� P,shall wiq voth CSI;SD. The Wigi'biIity folder will stay with CSISD 4114 ... a �vw*gfolder will besent to theJJAEP prior to tbe'iniake'apl5ointrnent. s G. Addtessine Concerns. Af ler.placement of a QISD._student'in tiro 7J EP, if the'3JAEP•I as oncgms.that the student's eiiucdtiori or 1icliavidtal needs cannot beiel -hi die JJAB-P Ii ftfam, the JJAEP .sball prQvide written notice'o€ the. specidc- concerns to GSiSD. CSISD. will', `conduct• an ARD Committee meeting to rebvnsider the placement of tho,stitdent into. the JJAEP and -tQ avoid disruption of services tmdlor an gtaper Ilacement. eSISIJ is, responsible for . providing naticO to the JJAFP acid to'the pareat'af the A1iD Coin iiittee meeting ; is corriptiadce With federal and'state 14w and advising them of the•spccified time and loca(loa of the AitD Coiuniittee meeting, iT 1be ITAEP Administrator or designee• is .unable to attend the ARD CQmmittee meeting, •the AAEP. representative. must be "given trio opportunitX- to participate -in the meeting tbrbugh . alternativeinesuisncIuding confeicnce telephone calls. x . H. Mtices. Tlts xintices required iii •tlto Azticle T� must lie ptovidea in the native language of the 'parent or mudo 'of' communication used by the parent, in ccimglianca with fedcral.law. The term `5pative language" when asf d with reference to an. individual.""of limited English proftcicnby, means the" lorigiiage•used byr the individual; or ih fire caseof the child, the language normally ased tsi the parent of the ohild.; I V. ADYIIiVIST12A'Tlni f OF STA` &MANDATED. ASSESSMENTS All statc-;squired standarciizcd tests will. be administered to students enrolled.atrti►e JJAEP. The folibw- ng responsibilities are assigned for admiiiistiation ofthe tests: A.• I:ist'of Students: 'JJAEP staff.wiil pzdvide CSISD with a'list of all •stgden;s from ' chat District enrolled•at.the JJAEP:atleast ten (In) school days:prioic to the'date of administration of state -required standardized tests and •will updato CSISD in a m tiely manner as io any clianges�ib That listtitrough the dafe of i6ssting. - B: `.`:•-"An'swer Sheets. • CSISD is responsible, for seWi 6r g, coding arid. delivering all answer sheets -to the YJAEP Administrator br dtsigiree %t (east fi ve (S) sohool dais bofore the day, of standardized,test,"administration. CSISD will also provide , additional ahswer:dgcuments to cover student's that enroll aftdr iliwiist of -students was provided to CSISD, �;. Modificationt.:IOSISD will assist the JJAEPt staff to owure imItleinmtation'nf mo&fieatiotis affleu7ated in the, liTs andfor kFs for standardized testing, a's .appropriate, for,. students receiving, special education services; and speakers Qf languages othec.tbaft English, if tha'modificzttioris exceed what the JJAEP can reasonably implement, CSISD 'remains responsible for ensuring' ;hat. the student fins access to the.liecessary" modifications by whatever nican's CSISD dooms most a � Vol. 363 pg. A rz i'r� S t �y- 1�.j2J,lwt'Jt'7 3 EYt/...•�''� j3. Retrieving Completed .Answer'Sheets'. TitG-JJAEP is responsible ibr'maldng 'iicces§dry arrarjgeinerits tb retriove alcompleied student answer'sticets attributed I to CSISD'.s students enrolled at the JJAEP. This s'hduld occur at least ,ten (10) { : ;, p6001days piior to the state-mandated'ship 4fe.:':I IE? , . Snbmittintt Answer Sheets, CSISD iS responsible for, obtaining the student . answer sheets, Arid is also responsible for ieturning all answer 'beets and test :.booklets to•the appivotiate•TEA, cddttacted agent.: ; F. Student Suedes lhitiatives. The JJAEF will •assist CSISD in imeetiog student sueccss:initiatiyes mandated by law: This assistapae doestiot inafude_the hiring of iOdidon41 stnf£ ; VI; FUNDIAND B[LLl(it1G ; 1 rj'ndatory •.fixpulsions. Funding :for. . expulsions:,;deemed 'by ,CSISD to be mandatory for l ttrposes of'Texa E,ducation.Code Cbapter'a7 wiQ be Provided by rasa 'be TJ D 'li ibih r treme ts, In to 'the a who'trieerthb tht. Texas J_uvcgile•7ustice Departmient ("I'J7D) for Ihose'stsden p it d 4 g 'ty e,4 ii n p ymeat received ' . from TJJD, CSISD kvill 'pay' for the attendapce; of su6b students at .the rate of 533.�1'peiday. B.. Discretion 'Emulsions.. Fo; students w1tD, are Discretionary Ezcpulsidns a pvrjuaint-,iQ TIC Section 37.001 (b), (c), (d),. (fl,'ar (%;And. Steelton AP08 C CSISD shall pay 'the rate of $106.00 .per studevii *.day of attendance at the'• I1A$P. `This 'rate may be mdai&d'by the Jiven.6 Board ,duria j' the term of this imbu. C. Court Ordered Placements.' CSISD shall forward funds received' for these students,'trom thb'TeOs EOve:Ation Agency based on CSISD's, daily'attendadce rate,'hereitiaiter"rre tr4 d to as "Target Redone. to Brazos' nun JuVemile ..Services. •' t}' .. •D. Payment. CSISD .shall make payment to $ie Juvenile .Beard through the Brazos J County tlnditoi.. Payment for the full amount hereu»der shall bemade pAyable to -Brazos County Within thirty (30) days after the inVoice ibshed •hy''the JJAEP' . Administrator,. VII. TRANSPORTATION ' PaMeidant ISD Re§bditsibilitV:`"Transportations of students xo and froirl'tha!•JIAEP shall be the sole xesponsiblUty of CSISD;'- "CSISD is'responsible for eiftr•''•trap4porti0g ,the students ;qr.. ` informing -parents .of their Tps&Rpibility 'to, transport their ch lilrem to arid- from ilia JJAEP.. CSISD' Shall provide all necessary security at the student lilck pliMrop, off locetion(s). Speeial '. Edacation.; ;students far,; whom ; special tiansportation is, required by. the students Individual' E'ducation'Plati#EP) will receive transportation from CS19D., ,.. VHL 'TANSITION '.�--r::<`"7,"�.c#F--••----;s^a-�--.s...x-'C-.'9--'�'-a:=.r�3s'.__""'�""'-...=xt•t ,...n. trc=�� ..._v._ y _... ,:-�-n'Y`,t°'!: .. .,... :��..., ,,... . i.. Vol. -3 L3 Pg. 1 Y ..:-.3 •, .�r.;� ;; h •+L,.i.. ,,.F' r-3. j' I I Apptbaching'a student's completion df his/her temt'at the JIASR, JJAEP staffwM send CSISD a transition file.thatinOudes: A. The student's grades converted to .numeric -scofes; When requested by CSISD, c'ourse eomplatioag wtl6ereported; 'behavior summary, tec¢mmendatiob°sand 'comments 'that suggest placemcat optious that the, JJAEII 'staff. -decals. apprgp Uw 'for the student : I ratxiritin4 to hi5liierh6me campus; Q Attendance information; and, D. Other xec4dt vndations agd cwhirients. i 1 jX. PARTIAL i ALIDITY IfanyproiIA0n,:sectio% subsection, paragraph,•`sontence, clausepr'phrase; of ilti's MOU; bribe' application of: satire, toarty peison or set bf circt}msiattces; is fot.any reason held by a court of competent'•�ut Miction �to 'bc invalid, void, of pnenforc;! t6 � ,ibc remaining provisions shall continue in Dill force -and effect. X This. Agreement supersedes ali.pribr MOU agreements' between these parties 'and shall be in effect 's .of August 1, 2022,:c'uiitinumg tltroughi and i4cluding,:'July 31, 207- 'This Agreemmnt, , shalt renew automatically eaolt year cjn August -1 , beginning xyith August 1, 2022, pgli As -notice " of •a patty's antent`not to:•rendwIs'sent to,the ether patter. pfiWto July15� of that year. Tire Brazes County Juvenile Honicl aid College Sttition Independept Subdol Dtstrictanay.modify this . ' .Agreetneht tinder terms as"specified ina vrritten addendum to $ signed by all parties: . 2i1. INTEGIrATION "Phis Metttorandttin o£,U�tderstanding,'togeWe;,Witb the •instmments heretofore iucorporatod by ... refefence and. the httaclimettts hereto, writs)& the. entire a'�einent' between ihe'pat0cs with respeci to ihe`subjagt matter.hareo£ No other agreetriear, statement, or~ promise made by or-t6 . any employee, officer, official, or egcnt of any party, that is hot contained herein shall be of any forage or. effect Any modifications to tho.tei ns'herebf niustbe,in writing dnd signed by the parties. ' AGREED AND MPUTED xhis the �� day of: � �� �J ;. . 2i}22. B Co Jtty 'le Boar` j ;- By. Fvoi.3-62 _57 pg. .�"�.q'`�a SJ _'-'�,•._. $: `iRnt�i"'-' -'7Ta. .Name: h Duaae.:Pete�s. itie: Ghauman: - - AGREEDANLTEXE _CUTBD t]u t day College Station I dgodent School Dtstnct - Name:ll�iRerMartiadale -Tiilei SugQnnteridwt _ . _. �LL N g �0 O� oZ ': ULLY EXECUTED ON Y„ IN IUPLICATEEAUFi OF `EYHIC-14; ALL HAKE THETM FQitGB ANB:TFFECT O ' AN , - - ' -ORIGIAfAL • .::. .. ,fir, .. " _ _ .., .: - B' o Co mfssioner9 t `- "I > Duane$eters, Caunty�ludge e 200 S Texas Ave , Ste 332 i Bryan, TX77$03 i �hone. 79 36f-4302. FaxV'9:79-36 -4503 _.. _ : - , q Its This 2022-2023 MEMORANDUM OF UNDERSTANDING BETWEFN BRAZOS COUNTY JUVENILE_ JUSTICE ALTERXATW9EDUCATION PROGRAWACADEMY AND NAYASOTA INDTPNI3 EPNT SCHOOIrDISTRICT I. PARTIES Memorandpin o€.Uudei§tandiig (MOU} is entered irCtb by,and.betweeiitth $fir o' Gouncy niile;Bdazcl (Juvenile Board), _a political _subdivision of the State of Texas, and, Navasota" pendent5choot Distriet("AiISD' whosesfuden(s aze subject to placement in the Brazos Couhty Juvenile Services Academy / 3uveaile . imtice Alternative' Edueauon Program,(tbe Program of JJAEPj 3t°estab]ishes roles and responstbiliUes.relating to the Brazos CountyA While Justice Altemative Education Piogra%'aail Navasota Inilependeat School �Uistrict.'.Thi§ Memorandum of Undmstanding'istL6 inter; logal agreement entered into piiisuant to Texas Educat on Code; Chapter 37.and Texas Goverment Code Chapter 791. '.- . - _ - II. PROGRAI✓i GOALS The major:goats-_-for�the-Pmgrain-in,provi, ng"services forthe.,students'ore-.(i) io provide a ` con tinuunioiedgewonai services; (2) toeslablish cdnsmtency, predictability; andappiopriatenessAf studentp?acemenf:followirig expulsion frontheit regular sclioolpogram (3} t6zeturn"tlie expelle8 sfddent to a regular sisbaoltsetW& as soon as appropriate; (4) to urtpress upon the expelled student. . `that.tfiereare progressive safi-4nifor engaging"ict criminal and cielmguei►t behauio n the put?Ge f - - : school `setting, r(5} to provide educational and --pi options=for'the Brazas`Gounty jrieenile couris;'arid-(6) to enableik expelledstudent to:perform.academically at there appropriate grade level". III. STUDENT ELIGIEILTY Studeft*,Awill'be`asstgned -to' `the .Brazos County Juvenile Services Aeaderimy%Juvenile Justice - AltemadVi Education Program (JJAEP)only asset forth by the`pr'ovision of ihis'lViOU. A. Disc eticinarv.&i Isions. Students maybe assigned;to the JJAEP,when they.have beegexpelledromNlSDforcodummngon:oftheoffenseslistedtnthe"Atiaehuienf A" deerried to be ad iscretionary expulsion by the'eicas Edueation Code ("TEC'�; as'" listedunderXEC.Setfion.37:007 (b),,(c), (d); Section 37.06$1(b} (])iscretioiiaryEttpulsion).. ; $- B. .MMandatoa Expulsion Students, shall be assigned to theXAEP.4heti they -have " received d mandatory expulsion from NISD-for committing one of the d'etiaquent or cru roar offed`ses deemed to reguire.=a mandatory 'expulsion iuuler: TEC Section . 37.O07 (a), (d),aina a (Mandatory Expulsion). C. - :_Notification Procedures. MSD shall notify the appropriate Ideal• law enforcement ageney.and/ortte juveniieand juvenile departmend.- nt in vrriting as soon as'-racticable ._ E . pg. ----� 3'_. �Z • _ - L T 9'_ _ 3*f'4 ,Tv^p�i�• b YP'°g- 24 : upoq NISD's identification of a=student who it reasonably i e4eves has. engaged in. . . delinquent or Mminal conduct for which the student m"Mbe sut+jeef to mandatory or - discretionary:exjiulsion.Such n6ticeshall begiven inaddition to ady riodcer+equired = under Texas Family Sec. 52.041.: D. Court Ordered RlaceiEients., Students maybe placed IK.thd JJAEP by a Brms* .- :.-. Coui tjJuvenile'Ctiuit when they°have �i► adju`dieated or planed on conditions of , _ release fdi-;delinquent conducti 1vISD irresponsible,.f7ocpiovidingspeeiM education services for NISD. students -as articulated in`.the�students'- IEPs and/or BIPs when - - such'services'aie-notpiovided.by the JTABP. E. Registeied Sex`Of%nders. Studems wlio.are publicly iegisteredsex offenders and residents of Brazos County many.be placed by NISD in the JJABPas ptovided in. Subchapter I gf Ghapter37 offiie TEC and m accoriiance wifh the condifioi►s set out . inSectiodIIiB:S.ofthisMOU� Only-studenCswho`aeBrazosCountgresidentsmay be�placed in tiie'JJAHP under thisprovision. - - _ • - - •- F. Adult Students``Astudentwhas'17yearsaroldec(Adult:$tuaent}is:notetigible-for�, . juvenile piobatiQ4 services unless the student was on jdveriile probationatthe time of- ,enroliment..Iii tfte :event sn Adult Student does iioi meet_ tilie 7JAEP Program behaylotexgec igns as detemvned by the JIAEP Administrator, the student shall be retained toNISD• for dispositioa.:-The JJAEP slial_1 "not accegt norkeep.erirollednny stuiieri -"kho is -1.t3;years of age or.older. a G. Mandatory,andblseretionary PIacements.:Siudents expelled into: the JJAEP shall s onl lie:ac ted orremain inrtiie J.TAEP `if ordered as a condition of court ordered X Y° �'. , , _ Juvenile probat►on or on a coaclition ofrelease for'"Delinquent Conduct" (as defined ' .- by Texas Family Code Chapter 51) bya Brazos'.Gounry'i juycnilejudge or Brazos County Juvenile referee. Eltgi6ility of any othetswdent:expeiled from NISD ona., discretionary b9iswill be deterWned by`the JJAR- and NISD on a case-iiy case basis followingjMSD:heariagwon. recommeiided expulsion. The iJAEF' vrill be notified'of siciiheeruigs anci:p'emitted to attend. " - ' - • STUDENT PLACEMENT. Term dAssigninent tole JJAEP A TetisiofAssignment- The discietiomryexputstonorplacementolderbyNISDshall - - ;specifythenuiabec:ofdaysor.ter'iioftheexpnlsion:orplaoeinent:'FortfiepurFose-of •' this Aiticle;�onetliundmd�t3''( . .-ei ! 80) enroiled'itistsuctional days. s a year (Year), iuinura placement wi11 be no _less: than; thirty (30)-W tucdonal-aays:but not to .exceed one yesunlessothgis4iserequired bylaw; Students Being discbaiged fruiii - the JJAEP shall be released at the erid of a grading.period bock to:Nl$D: B.. _ Notification : TbeJJAEP shall proVide a basic schedule.of instniction to the home , . ,disWot of ewh student within: five business daysof eniollmeiit `'- -° . C. Mandatory Bxpulsions. A'student's original teen .6f expulsion fora mandatory ofi'ense may not exead one (1)'calendar year. A=stiideat's totel.assigniuent to the Page 2 of 9 Vol. pg. q_ 1 i� JJAEP for the Mandatory Expulsionmay not exceed one (1) year. Aa excepdoa'may be granted for the expulsion of a student who brings• a_ firearm to school. A student: expelled fromlthe student's regular campus for a period of one (1) calendar year in accordance with federal law may be assigned to the JJAEP for one (1) calendar year. D. Manaatoiv and Discretionary Placements: A student=who's assigned to the JJAEP" due to a Maridatory'or Discretionary Expulsion shall 6e returned to hiISD upon the firkof these events to occur: 1. The cla[ges are,dismissed 2.. The student is acquitted; 3. The student is discharged from juvenile. probation or from conditions of 4. Thd student completesahe term. of place nent 5. _The student graduates from high school 6. The stu lent's-mi ignment at`the JJAEP'ieaches one hundred eighty.(180) enrolled;instructional"day. s; or, r: 7. The stuilerit suc6ssfully completes the JJAMProgram. E., Student'Releases. ; The JJAEP staff may recommend students who demonstrate eie*lw.y k,f6iffiance for, early release ands alternatively, may recommend expulsion term asi ions'forstud`ents who do not satisfactorily cotnplete the JJAEP program, The final determination to extend a student's expulsions term is that of the NISD' A-student's'assigh Tent to the JJAEP shall tenniiiit atahe earliest of one of the following dates:' 1. Successful;completedoftheexpulsion ,term;.`. 2. Early -release pursuant:"to the;preceding paragraph; 3. One ..of'`ihe seven "Exit .Reasons' described -in Texas :Juvenile Justice Department 348 standards: .: a. Goiripieted program Y retumed tq fi0me -School while on probation; b. Completed program i term'of protiW n expired'- " c. Completed. progitim / term of placement expired; d: GED completion ; Graduated f. LeRprogram incomplete; g. Qther —1eS progrein for non delinquency reason such as moved, . death, orinedical'reason; or, 4. The student's assignment to the JJAEP reaches one hutidred eighty enrolled insti Wional days, F. Maximum Stu dent'Poiiulation...Thc maximum student populatiansha11 not exceed 'F thirty {30) stiidei is In the event the JJAEP population exceeds thirty (3tl) encoiled students the JJAEP may; L. Discharge and retum dis6rctionary.'eXpulsions enrolled "at the JJAEP Page 3 of 9 Vol. 363 pg. 1/9 s x � .. _.. s..,, ,. ' . ..- r-r^ .-.,yrr•...r+--. ;—y--•— Z*r*�..n--'- ti-•r--`rc-----•�.-�--�-- . X back to NISD to: reduce the population; and / or, 2. ;Reface or deny any new discretionary eicpulsions from MSD: G. Refeirals. NISD shall be allowed no more than.one (1) discretionao'referraI at any - H. :.If siynoiiBazosGounty NISD.stu�cnts are.penriiiied:to:attend the�Brazos County JJAEF, NISD agrees to;paythe.;diity rate per studcni,-and auderstands that NISD aiidlor the yorith's parent; guardian, or custodian are solely responsible forpioviding tbe`neces`sary; daily transportation to and from tti'e Brazos Cguritji J3AEP. V. SPECIAL PROGRAMS - Special Educafiori.Iiid 564: . - . A. ,frith] ARI?`or'Mf Committee:. A,NISD student who commits in offense,and .has beeA identified by NISD as having a disabin may", be expel led from TISD onlytatier y '. a',iiuly consa uted ;admtssron; Review and Dismissal ("ARD ), Committee detemunesthatlheallegedof e isnotamamfe-Adtianofthestudeet'sdisabihtyin K accordance wiih�applicable stale and fcderal` lawsNISD'shall�myrte the JdAEP ; Adm'unstratoraor`the' admttustraior's Aesignee town ARD comrtuttee meeting cam en'ed' to'discuss a MSD,sidc3eii't's'expulid" - ��N.ISD must provide reason ' notice of the ARD committee meeting to the JJAEI''adminisft=r and to'the parent consistent•wiQkde alzhaslatelaw.-Acopyof--Qsiude fscu ,,q fiadividualized education pro`iGi h gram (IEP) and Behavror'Interventiott P1ari;(BIP) must be ptpvided to the7JAEPAdmintstratdrwithiiienotice. IftheJJAEP`Adrntnrstretti�ordesigieers unable to attend the ARD'coinriuttee.meeting, the JJAEP representative•must be ,giycit"the'oppotturuty io,participate in.the mecturg through alternative means JJA EP and itripennilfidmgcopfmc Mcphonetalls. The rJeA[afEes?teogthees°sntuadernvte'smpaly eretg hoextent that theneedog em- tion of the IEPor.BIP m theJJABP acpeamtte�csiitpiante thine _ Any-NISD studeritwho• ' has been identl Aped a's a 504 eligible student mayexpelled orafter nl a 504 ` co�minittee deteiimiiaes whether the student's disability :as rt,relates to•the alleged mLstehavror sTioald result in ihe'student's expulsion; B. Section=SU4-9figiliie..Students: (1),The JJAEP will,ensuie,-in collrihoration with NISD, that a studeni }yho is;,eligible, for services under Section 504 .of the , Rdhibilitation Act of 1973 is.piovided services and Yin aactionappropriate'toaddress` _ f.:. hisor her,needs ;as-dete�m ned by a• Section.504`6inmittee, (2) Documentation of . . Section 504 ejiA!Iit determinations gill be maintained for eachstudent. 1:6lish as a second%an�nu�ge: �SLI..(1) The JJAEP,.in collaboration with'NISD,, ,will'ensuie th3ii-.student who is non-1 nglish speaking or who speaks.Engtisii as a second language is�iovided ESL services and instiuption appropriate to address his or, tier needs,as detemiiaed •by a 'language`prgficreneq.assessrrieiit:commtttee .. , (i-PAC) (2) Docaiitentation of„LPAC determinations will be mauitairied.foi'each itudenL ia. . t V Bid BIP. NISD Students with disabilities wsignedto the JJAEP wiIl beprovided " Page 4 of9 .,.v.4:... t=«-•�_r :rf�,,a'.; i."....�, a.t`'�^u :�•^�'�^^�.t-:..:h ...4 .tea. .-w•� sa .r. ,.. .b ...".R-.'bY?^�.• --_ .r.,..a...-..m r_.._ ......z__ _.... ._ - e Vol. -3-63Pg. �9 educational services detennined by the ARD Committee;and articulated in the 1EP:: add/.&BIP, s�chibat the stua6iieceivqs a:&ehiA4jpr"'A." 9p, AWpublided46ifionas -defined by fbdiTW,i6dsiQ6 laws,` and asfikhcrpioded herein.. The 1EP and/ . or BIP,udmt dellddate ibe prpjecftd date,f6i the be@":4sem m­ personnel who will provide direct aqd?4mlatdd'.teservices, "ticipa fltq­ggady, lb cation,and claration of v m6didifibfisjor the slithifev the JJA90.' I. ensu" Rk6olig, ilitv..,.Uldmatdiv.-NISb•isiespb ibli,ito '* re,tha tapprnpridd TIMM 1y and wii tb dh Bogid-jsnot responsible pi;vIs'i6' Q A of qmial education se S -seMccs, All b ivicbs ents'. IEPs rh*ppytd�q� Lc#bYNTSD#eech tfigr.t o"ga .,jioh' ther4gy;$ .2. r':".__Am6nd6� 'Th6JJAEP,'.j �designee VA"i 40WYNISDirthe i.TAkp"'ifiinibleto.iinpiiiiient setVic . ��-Bsslgneid'to Win ft 1EP and/or' yqQ-eidni, d,�q' onuninceIn plansstudent'TJAEP ;� necessary Any; mifehdment§ to 3n saryi _., ig&eo"r*EilivLfi�NISDsf'uOdn'iivill:t��6ffdcfuated..' u6theMSD 'JJ q vi'll-providd!, special education " 'AER 40difiei'kWule'Od"thin 5 school days -60JAE c avm . a C. susmctgabi gcAofh g p !,!tyqdi '611 " �d",fthe Individuals sabihty ',�ith-bis3ibilitibi':iM!ti4tibt!a!idIffiprovementAct. MOMSD!sChild lit i6ced i 11 Imt . Qt6d torc lve vhetherin .6416664 ORb 6zessary referral locumedts.,':AftjF.N1S1j ittidehi'detettninidlo dfferdtdal I" cannot provide the service ana NISD'is do#tfied iif 41re need to provide the iemke. D.- pnor,tq,tbeir cxpulsion.an ;change e, residence e VA8P;. sbaU conGiiue to be :tire ;re§pansrtiility of. the '0 on of their SpecialEducattonElieibility InsuryinstaiteewhereaNISDJIAEPstudentwhowas not g qadeSM cF,vlibs tit the WhOf the'exp`ulslofiQnd/or'*,W'h-__d- has not ges -frdrfithe e*xp4lft SDV3NlS 'Dan( , .,a " services, an A0tomOtW7neitingwill be convenedwithm"itatives,fom &expelling JSDj1personnel. When alld—mt is lkofte4 aS-a.sp!cIal WUCgdon.A%4 A'a&keonse�tis services, eIolthehewr,sld=cc ;esponsibliftyi�r&11edstudent; ._tiA Attendance uctionsemes Page 5 of9 T Vol.. 3 (o3 pg. articulated in the IEP and/or BIP that the JJAEP cannot provide, and be obligated to pay an cost for the placement to the. JJAEP.- NISD retains ttie.autiidrity to honor or'- .terminate the expulsion andhave,the student attend one oftlie schaolswithinNlSD. - NISD shall be responsible for the provision ofspecial education services as deemed - necessary.by.the.respective evahiation team: _Z F. Aceotmtaiiility. Accountability for NISD students placed at tlie.JJAEP shall remain .. , with MD. 71ie eligibility folder. vial stay with NISD and a virorkirig folder will be _sentto;tlie ]JAEP-prior to'the intake appointiiieni. _ G. iAidreisirigCon6em&,AfterpfgcementofaMSDs_tude;tiri6iJJAEP.fftheJJAPP has concetasthdt rlte;stndenei education or behavioral needs cannot Fie taet in the. ' JJAEP prograrii, the JJAEP shall pioti1& trhitten notice of the specific concerns to NISD. NISD wilt conduct an ARO Conimittee meeting tv reconsidediheplacemerit: ' :' oft}re sti9dent intotheJJAEP and'to avoid disroptioii if services and/or an improper' placement. ] IS Js.responsible-forpioviding.nodedtotheJJAEP.andrto.thegarcnt _ -of .the -ARD .0 p"ittee::meetir g :iii compliance 3Vith :fede al aad state: law= and =advising ttiem'oTthe:sgecified time"and l4cafionof tfie ARD Gotriinitfeeiiteeting: IF - the . WP Ailiui iistrator or designee is'=uriable`io-_attend the ARD Committee `me`etirig, theJJAEPiepresematiYe must 6egiventhe opparttuuty topardeipate inthe ::;meeting tEuougf alternative rrieansitieIudirig eonference"telephone earls. oi� bees•- =The notices recjuimd in.the Article,N_mtisi be,provided°in the native f Language of ttieparenf ormode of commiinicatiori`.used by the parent,nFcotnplianie with'federal law' -The teriri "native language" when used witii_reference to. an individual.of ]itriited Erigiish proficiency, iiieans tha language used by ttie individual, r; „• x t or ut the case"of fhe child, the language noririally used by the parent of the child. Y. {ADMT1 i5PRA'T[ON DF STATE-MANDATEDtASSESSMEN!'S All state-iecjit iecistandardizeci tests will be administered to studetitkenrolled at the.JJAEP. The following r'espon`sibilitte a, re assgried for adr tinisiratiari A. , : List of Students:' -JJAEP staffwill provide.NISD_with a,listofali students from. that District enrolled':at the JJAEP t _.: at lgast ten (19)-,rschool days,prioc to fire date.uf administration'ofgate-requitedstaeMiOA OII.0 date:NIWrihatinM .m' anner as tour changes to thailist throagh the date of testing. B. 'Answer Sheets yNLSD is-respaiisible for securtng;:c'aduig and delivering all answer. . sheets to theJJAEE.Administratorrocdesignee atleastfive (S� school days befoit the ,:.. of standardited test adihinittidtion.-NISD will`'also.provide;additiorial answer doctrments'to cover'studen ts that.gnroll after the:list'of students was'prbvided to NISD. _ C: :'--141odificatioas •' -NISD will -assist the JJAEP staff ,to ensure implementation •.of -modifiitions ecticplated in the;iEPS and/or BIPs for standardized "testing, as ,<appropriate, for students receivipg special education "services; and speakers of languages.. th r:thaa English.. ;If the madificatioz s exceed what the JJAEP can .. r _ .:: -_. reasonably implement, NISI7reirains respoasiblefor ensuring that;the-sttidenthas access to_ ihe`'riece`sary inodifrcations.by whatever means N[SD``deems most Page 6 of 9 Vol. pg. �� NK appropriate. D. Reideving Completed Answer -Sheets. The JJAEP is responsible for making necessary arzarikemehis to retrieve all cdmpleied student answer sheets attributed -to -NISM students Orofled,gt the JJAEP. This sho'u'ld occur ait'least teri (10).sch 61 days prier tF khRaandiied ship date. E. —Submitting Arf r. $tleeii--Nl§]J,is resp6hAbleSor-obtaining:the student answer U.. _Oli4ifid i6i� mtangm� ;�49­ f 6old' q ponsible booklets to the appropriate TEA contracted agent.: F. Siaaent Snc iiii cc§§ tigtives..ThdJJAEPWMwsist-N'lSDinm a it6deht success: :init1adv,C_s* ffiah&tedty state laW. This'assik'and6­.dm nbt"ificlude the hiring of. - NI—APUN6*4 AND -BILLING A. -M-7 ai': Fundiiii:irexpwiibni-deeiied.bYNISD to: bdnian4iory --of-6ias Edu�afton the Texas for purposes V Chi�t&nj�-, 11 b� -jfbvid4 by Jnveaile=Jrisfic -bed TJIJD") fbi thtise,.� Audintswho meet �hqymscd 0 t !JJDeH i1i 4''irts. 1��adftio�t 'th gibi itk eatfuenti epaymen receiva"TEDNISD will pay for the -attendance ofsuch students at the iiiie of $2 7.64 pet day. B. Di skretionary Mebu si oris. Fn r qti fd Discreti ons pursuant to IMCSection3-7;0,07 (b), (q), . or (i). and Sep.dbn,37.008 (b) NISD shall pay the per rstu dent per d4y of attendance.ai 'the JJAEP. This rate maybe rule ft $.MO'U" '1110 ified. &e kraQOgthet'eii C. Court Ordered k -f Placements.. NISD shall fb�vaj�[-Q recehied or,these students 'f - ,l, 99 dii refibired to as:"Target Revenue'; B'ra' jo s 66 uniy' iu�enil eServices. D. hikit - NISD Aall- mAe.p'a" viefit to the JU�6 y 'Alk 13040hr6ugh the Biazo"s CoufitY-Audftdr.--Pdyment-fbi the M1 amduni heiu6der ihidl be made payabk to-.' ,-YWF9sounty v�-ti-n thirty clays .after the -invoi ce; issued by the .JJAEP AdniWstiator. .. .. - VEi -,TRANSP04TATbON,,,. Taniftant-ISlY rinsibil ,-Tr'anspomfioil.6tstudents-to.arid-fidffi the JJAEP-shall be the sole spor respongi .. tt is' . . g..theAqden1s4fi4*ingp=n!s. o children to the JJAEP. NIS - D. shalt.pr6vi& all y to transport their childr, to and fro necessary si ;, the studehipkk upidrojoffj cation(g). Spe�j 0 - al Educitioiistudents for wham - special U6' r1A ,.­ - IWO- _ ?n rs regiiuetl by the students Individual Edtication.Elan'(IEP) will receive -.TRANSItION Appmadhing a student's completion of hiAer term at the JJAEP, JJAEP staff-will'send NISD a Page lof9 VOL Pg. I .- �gy .._s,.`x, .. ' ` �'�.f '�'^ L •Y '�' 3'."`r `Y4 5 \ 59�,`y 4 ;'n:, �T transition file that includes: A. The student's grades converted to numeric scores; when requested by NISD, course. completions willbe reported; B.` A*.. behavior suiriiri Mo.recomi endations, aarid comments that suggest placement options that the JJAEP staff deems appropriate for the student returning to his/her hgme campus; C: ' Atfeddance:infoimation; and, D. ' 'Other recomri gddations and comments. ' IX. PAI2TJAI:'INVALIDITY .. If any provision, section, subsectton, paragraph, sentence, clause"orphtase of this MOU, or the appIrcation of same to any person or set of circumstances, rs fo _any reason he4 6y a cvuit of . competent juiisdictioa to 'he invalid; void, or'uaehfoiceabie; the remaining provisions "shall continue in full•force and. cc X. • TERM 'TfikAgreemgot supersedes'all.pcior:MOU agreements between these parties and shaltbe in effect as of'August, I; 2422,,condnui4through; and including, July 31, 269S.-'This.'Agie6rient shall renew automatically each_year on August 151; begtty ing with August 1,-2622, unless notice of.' party's intent not to'renew is sent to".the other party prior to;Julq ].5 of that year The Brazos County. Juvenile 'third and Navasota`Indepeddent School Dtstrict'ma moth this:4 ;. y , iy: greetnent under terms as specified in a written addeii.¢uin to be signed by alI parties, YJ. INTEGRATION This Meinotaitdu of. Understanding; .togetlier, with: the' lostrotiients: hereiofore':;incorporafed by ' referencearid the attaciuitetits hereto, contains th'e entire agreement between the .parties with respect ' to the sublectmatter. hereof Nt atheragreement, stateQtent, or prorrse umade by onto any employee,. officer, official, or'agent ofany; par 4Y; that is not contained hereinshi ll be'of any for"ce or effect Any Vol. 363 pg. I JO voi. 3 3 Pg. Item Coversheet Page 1 of 1 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT. Purchasing NUMBER: DATE OF COURT MEETING: 6/28/2022 ITEM: Approval of the following committee for the evaluation of proposals for RFQ # 22-124 Professional Services - Architect. • Ernest Stutts • William (Bill) Hadley • Ed Bull • Purchasing (Non -Voting) • Legal (Non -Voting) TO: Commissioners Court FROM: Kaitiyn Battles DATE: 06/2212022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type No Attachments Available AM astaa` Duane Peters Date County Judge Vol. P9. � https://brazos.novusagenda.com/agendaweb/CoverSheet.aspx?ItemID=25735 6/22/2022 op Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 3614293 i BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: June 28, 2022 RFQ NUMBER: 22-124 TITLE: Professional Services - Architect REQUESTING DEPARTMENT: Purchasing APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: L't PE a-S L C;W C2 9, Vol. 3 (o3 pg. 6 b W C M Q Cf) to m , W to U N c � m w U c 0 co U 00 <ys c N N N N U) N yQ O i C D C C U y �O. N o:o ' =���' a °L..ccoa���cca�o� v VQF �t N (D C y ai�(l�5�mn.a.2UQ t; 031 I. 0. Y -� �Y c , Y Co p C t�C C c I) o-i C y � c� c: z V. C N cc 2 E c aDi- o ; � y CCc N .00 v� u ai 0 ,m w y M d V C C O C d a0 n wIL ,mac O (n N ; t. C.°�� alH� (L t- O C •V Z. O f N C N Lu 'm M p Z CO a L) J d U � _ �ry5 O U) c E ayi 5m3 'n c c m , O U y (DC .0 (D C N d c c E 3. w (0 f .. 1 0O L °+ �- O C a N C c' d > O f0 N C # N M N C o 0. k of � Co V! ' Q rt, 2'U c 0 .. ». 0 U. Y.": N �� � m H Eli �' Cava �►X- N N N N Q O C fA C d 4. x :.Ci.' � � a� C]co U i 0� Lh 0 Vol. Pg. �F s a _ yc c oz�. m o v a•:O'p 30 �" N c� f a CO CL gi am Y w d N w N N M O= C G c S O LU 7 V tp 'O ia fl' d fJ E d m E_ - w. o o E .r �. , o. a a o w oa > 0 a B a M� •t 00 ��00 N Q yu o N c a 3 SO 0 c es r: N � c O c uN O � aa. • • u O . -A TO: y a u cagy N a y a Ess= O+ « u y c N v c c s wo d ° 3y y a s _ w ca O a O a 0 v t C° O c O o E pp C= 0 . V ' oa v E c 'COS N a d, W Q N - E a o « �. .7�x�. 1. a O EE 7O pp Q j W y 'x +O.r °'mot" VI 0 m Qd GO 3d � .: f O,H ° N; Z i= �=0S r au;tt o d a° m c >, QL-a A o y tD a D a C p E o u N VO �eNp�da y O ca N a c vo o -a ° c of ro a a a _av a N C vQ 3 £ a N C N a'c.. Cal o uN a o. Ln a` c a q a s - .O O .O « o f O 'au' W m a = VJ c C m a .'�.. U t �. .0+ O p G. O o aV vs' s c c a� Z E c ((i�f �` °o a ° y a ._ .+ b `� c tWW 1 ll .c d ym o y V.. t `0 a 3a �-�0Ed mo � �, v Z 0 w a a c a E .0 N a W a s o ti 051 u00 .ac c E c!v a.0 Z Z EaD ac a'°2'0 "c Q... « 1111� o 2 g a o ro u m U, a Z O Brazos CoudtyJuWtiiledustice Center Detention SEivimArreenvin July 1, 2022—•June 10, 20°3 CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM ; DETENTION OF 1W ENILE OFFENDERS SPACE AVAILABLE 1 STAVE OF TEXAS.. - g COUNTY OF BRAZOS § BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services Tnly 1, 2022 - tune 30, 2023 This contrad -and agreement for secure short-term ddtention of juvenile offenders is entered into by and.between Kaufman County, °acting by and through its duly authorized representative (hereinafter "Juvenile Probation") and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County Juvenile justice Center (hereinafter' "the Facility") by -the Brazos County Juvenile SeMcesbepartment (hereinafter "Service Provider") pursuant to license granted by the Texas juvenile Jdsticd Department and/or any other appropriate State agency with licensure or.regulatory authority over this facility. R ARTICLE I PURPOSE 1.01 Whereas Kaufman County, in order to carry out and conduct its juvenile program iir accordance with the juvenile justice Code, Title III of the Texas Family Code has need of, the use df detention•facilities to house and maintain children of juvenile age, who are referred to a detention facility for acts) of delinquency or act(s) indicating a need for supervision,' during pre=trial and pre-dispositional status by the Court The placement facility to be utilized is owned and operated by -Brazos County and Service Provider, and is located at 1904 I3WY 21 M Bryan, Texas 77503. ARTICLE 11 . TERM 2.01 The term of this Agreement is for 12 months commencing July 1.2022 - June 30, 2023. It shall be automatically renewed, for one (1) year terms thereafter, commencing July 1st and ending June 30th of each year, unless one party notifies the other in -writing, at least thirty (30) days prior to the expiration of said term, of its intention to notrenewthiaAgredarn t, ARTICLE 111 PROVISIONS OF SERVICES 3.01 A. Service. Prpviiier will provide:- -room and board, supervision twenty -four -hours per clay, seven,days.a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities, and crisis intervention to each child placed within the Facility: B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized �'...•w�;-".,�,,,,'r"^S;` .,, �:c_. air-' _}u"r.. ;?`"' ..ri�y_'; :zx..,. _ •�•Mw� i _...•.w-Pti;�"':T^-. fir. P-it+..-,^:_•.;:�.}�"•....ra�..-•-r Vol. 3 L3 pg. "51 Brains County Juscn7c Justice Ccntir Detention Services Agiecment July I, 2022 —June 30, 2023 to secure the Otitside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for'Outside Treatment. The" Administrator shall'notify the appropriate Juvenile Probation officials of Outside -Treatment within twenty-four. (24) hours of its occurrence. C Children:.from Juvenile. Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, As reflected in a Child in Need -of Supervision Order (CINS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released withni forty-eight (48) hours (excluding weekends and holidays) must have, a detention hearing in the Kaufman County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ' ordered detained, a certified copy of the detention order must be delivered to the detention Facility- prior to the 'child's re -admission D. Each child,placed.in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined'by the facility administrator ihnd staff of the Facility. E. Acceptance of a child by the TAcility will be determined by Brazos County Juvenile Facility: Staff: Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and -'Delinquency Prevention Act, and therefore, Service Provider will not -accept children whose detention -would prevent the Facility from complying with the Juvenile Justice and Delinquency Prevention. Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected 'children." Section 223(a) (12)- (A), Juvenile Justice Delinquency Prevention.Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical 'professional and given written.medicai clearance. If a chnd is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service Provider shall notify Juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no.eventlonger than twenty four (24) hours after notification. It will be the responsibility of juvenile Probation, at its expense, to provide'for the transportation for the removal of the child. Any child not removed from .the facility within 24 hours will be transported by Service Provider to Juvenile Probation and Juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to S200.00 for any child not removed within the 24- hour period. Any damage to county property or juvenile facility fixtures Will be paid for by the Juvenile Probation Department and charges`will be filed against the juvenile with the Brazos County Sheriff's Department. F. Service Provider agrees that the -facility will accept any child who qualifies, without regard to such child's religion, race; creed, sex or national origin. G. It is further understood and agreed' by the parties that children•placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period -authorized by the court order issued at the conclusion of the initial detention. hearing by the -Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed And a signed -copy of the waiver is received by the Facility. A copy, of the order issued pursuant to the waivershall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. Vol. 3&3 pg. Leo Brazos CountyJureoOc Justice Center Detention setvitxs AEseement July 1, 202 —June 30, 2023 ii Iris further understood and :agreed by -the patties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a)'paragrapli E of this Article, (b) an Order of Release signed by the judge of the Juvenile Court of Kaufman County. 1. Service Provider 'shall be in compliance Adth all standards and requirements of the. Texas Juvenile justice ,:. Department and allapplicable State and FederaLlaw. " J. Service Provider shall -provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure• Facility. K. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) .as required by the Texas Juvenile Justice Department Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be promptly provided tp )uvenile Probation•of the detaining county.- L, Each child placed in the Facility.shall be enrolled in an educational program. Special steps shalt be taken to "comply with requirements of Special Education students and their needs. M. It is, further understood and agreed by the patties that nothing in this contract shell. be construed to,permit `N. Juvenile Probation; its agents,= servants, or employees any way, to manage, contra], direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, 'duties functions, oc-pertaining to.the maintenance and'operation of the Facility_ I-iowever,•it is also understood 'that the Juvenile Court of Kaufman County shall control the conditions and terms of detention supervision as to a particular. child pursuant to the Texas Family Code, Section 51 I ARTICLE IV COMPHNSATIt 4.01 For and inconsideration of the above -mentioned services, juvenile Probation agrees to pay Service Provider the Y r sum of S100.00 per day; the cost includes any duration during a 24 hour period for each child. The daily rate shall be paid to Service Provider for each day a child is In detention. The cost is based on the projected actual cost of care foi children in the facility. ' 4.02 . Every child shall receive basic detention services. Additional services that require or request special accommodations, medications, including, but not limited to: psychological assessments,'mental-health care, medical treatment, Chapter 55 evaluations (fitness to procZ--d), special accommodation'services, interpreters, special dietary needs, will be paid for by the Department. 4.03 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by the Department , 4.04 ' Service Provider will submit an -invoice -for payment of services to juvenile Probation on a monthly} basis. Said invoice shall be submitted within ten (10) working days following :the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, hiciuding but notlimited'to: to be attributed to specific clients'if appropriate, date service was rendered, total daily -cast, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance.with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by juvenile Probationin;a timely manner. 4:05 Service Provider-sitall account separately for the receipt and expenditure of any and all state funds received from juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): A. If Service Provider has an outside audit completed on a yearly basis which specifies vol. pg. �� Brazos County Juvenile Justice Center Detention Services Agreement July 1,2022—luite30,2023 Feceiptand expenditure of:State funds. Service Provider shall forward a copy of the annual outside audit'to' Juvenile Probation by March 1 following the end of the fiscal year. If Servke'Piovider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from juvenile Probation in whole or in part paid. from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and -account for expenditures :of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The -accounting shall be provided t6 Juvenile.Probation.thirty (30),days prior to the renewal date of the contract. , -4466. It is understood and agreed by Service Provider that this Agreement is funded in whole or,in part with grant or state funds and shall be:subject.to termination without penalty, either in whole or in part,'if funds are not available or are not appropriated by the Texas Legislature. =_ 4.07 . Service Provider agrees to make claims for payment or direct any payment disputes to Juvetule Probation's Fiscaf Officer: Service Novidei Will not contact other department. employees regarding any claims of payment. 4.08 Service Provider will provide certification of eligibility to receive State funds as required°by Texas Family Code Section 231.006. 4.09. Except to the extent, that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If.a dispute cannot be resolved by negotiation, the dispute shalt be submitted to mediation before the parties resort to arbitration or litigation. 'The parties shall choose a mutually acceptable mediator to mediate the dispute, and -the parties shall pay the costs of mediation services equally.' ARTICLE V ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to ensure the, child will be considered for acceptance. Placement 'of children by authorized officers of Juvenile 'Probation maybe denied as determined by the Facility. 5.02A child will only be accepted in the Facility .upon receipt by 'the Facility Administrator of a proper order/authorization from the Juvenile Court of Kaufman County. ARTICLE VI EXAMINATION OF PROGRAM &RECORDS 6:01 Service Provider agrees that it will -permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. this examination and valuation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and,the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile -Probation. 6.03 For purpose of evaluation, inspection, auditing or -reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 4 vol. 3 4:,3 Pg. �o� ttramCounty JuvenileJusttteCenter . '. Detention Smim Aimiment July 1, 2021-16a 30, 2M 6.04 Service Provider will.keep a record of setyices provided to'juveitile Probation under this Agreement,. and vpon, -''- reasonable notice �vdl provide 'information,records, papers, reports, and other dQ'c'uments regarding services' furnished as may be requested by,juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the Termination of. this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of The State Auditor's Office, -or any successor agency,,to conduct -an audit or, jnvestigation iri connecSon with those : hinds. Service Provider further „agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the.audit or investigation, including providing all records requested. Service Provider will.ensure that this clause -concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate.is included in any subcontract it awards.. ARTICLE VII CONFIDENTIALITY OF RECORDS • , 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved - in Juvenile Probation, and shall not disclose the information exxcept as required. -to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DLJTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, 5ervict- Provider, and .auy of its employees, interns, volunteers or contractors, shall report any allegation or incident -of abuse, -neglect; exploitation, death or other serious incident involving a child.in a juvenile justice facility or juvenile justice program in the1ollowing manner: A. For all allegations and. incidents except sexual abuse and serious physical abuse: within tvventy-four (24) hours from the time the allegation is made, to the following: 1. • focal law enforcement agency, and 2. 'Texas Juvenile Justice Department by.suvmitting dTJJD lrieident Report•Form to facsimile number 1- 51247A-6716 (or if unable to complete the form within 24 hours, then by calling toll -free 1-8777-786- 7263, followed by'submitting the report within 24 horns of said call). •in addition, for serious •.incidents, •a treatmeint discharge fornt or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas juvenile Justice Department within 24 hours of receipt; and 3.. With respect to juveniles placed by juvenile Probation, -the TJJD Incident Report Form shall also be, sentto juvenile Probation within 24 hours at facsimile ntimbcr (972) 932-0479 and Service Provider shall contact juvenile Probation by telephone at (972) 932-0320 within•24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour- from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to Iaw enforcement, 2, Texas juvenile justice Department shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll -Erne 1-877-786-7263. Within 24 hours :.of the report by phone, the completed 71JD Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or by email at abusenegiecWtiid,texas.eov and ..$ Vol 3- �_3 pg. b --- Brazos County Juvenile Justice Center Detention Services Ag accent July 1.2022—Me30,2023 3. ' With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be ;sent to -juvenile Probation within 24 hours at facsimile number (972) 932-0479. 8:02 Allegations,Occurring Outside the,Facility. Any person who witnesses,ilearns of, receives an oral or written statement from an alleged victim or other person with knowledge..or, who.. has a reasonable belief -as to the occurrence of alleged "abuse, neglet:t,:eiiploitation, death or other serious incident involving'a juvenile, but that is . not alleged to involve an employee, intern,•volunteer, contractor, or service provider of a program or facility, shall . be immediately reported to law enforcement of to -other appropriate governmental unit as required :in Texas Family Code Chapter 261. As used within this -A' reemeat . A. An.allegation or incident includes the witnessing, learning, or recceiving an oral or written statement fiom art alleged victim or other. person with reasonable belief -or knowledge as to the occurrence or an alleged abuse,` neglect, exploitation, death or other serious -incident involving'a juvenile In a juvenile justice facility or . juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault or youth sexual conduct: C. Sexual abuse. is conduct committed by any person against a juvenile that -includes sexual abuse by contact or sexual abuse by non -contact. ?` D. Serious physical abuse is bodily harm or condition that resulted- directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical 'technician, paramedic.or dental. E. 'A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: 'a public or private, juvenile post adjudication secure correctional facility required to be certified in accordance'with the Texas Family Code, and a public or ;.V -private non -secure juvenile posvadjudication residential treatment facility housing juveniles under juvenile - court jurisdiction. F. A juvenile justice'program is a program or department operated :wholly or partly by the governing board, juvenile board. or by a.private vendor under contract with the govemingboard or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department: ARTICLE, IX CRIMINAL HISTORY SEARCHES 9.01.. Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice -facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shallinclude the following: A. Texas criminal history.fingerprint based criminal history background search through the Texas Department of Public Safety. _6 Vol. 363 Pg. Brazos County Juvenile Justice Center lktention Services Agreement July 1, 2022) —June 30, 2023 13. - Local law enforcement sex offender registratign records check through the Public Sex Offender. Registry on the Texas Department of Public Safety website. ; C Federal Bureau of Investigation fingerprint -based criminal history background search at. the National Crime Information Center; intemet based searches shall not be used to conduct this background search. .9,03• A copy of the initial criminal history report required by. this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for•whichever''of the following occurs later. duration of the iridividual's employment or period. of service; minimum of three (3) years; or until any pending all'questions arising therefrom have been resolved. litigation, claim, audit or review and. As used_ within this Agreement, a disqualifying criminal. .is' a history that -includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; B. A deferred adjudication for a Teiony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; Ins the laws of this state, another -state, or the United States within the D. A jailable misdemeanor conviction past five (5) years; E.. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A currentjallable misdemeanor deferred adjudication, probation or parole; or G. The•requtrement to register as a sex offendet.under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06Any of Service Provider's employees, interns; volunteers or contractors with a disqualifying criminal history shall be prohibited from -having direct tinsupervised access to children in a)uvenile jgstice.facility or a juvenile justice program. 9.07 juvenile Probation reserves the right, in.its sole discretion, to prohibit any.mdividual with a prior criminal history from being placed in a position that involves directunsupervised contact with children. ARTICLE X DISCLOSUIkE OP INFORMAnolij 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the 'following information to. Juvenile 'Probation, and agrees that it shall have an ongoing affirmative duty under this • Agreement to promptly ascertain and disclose in sufficient detail this same information to juvenile Probation: 'A: Any and all corrective ection`required by any of Service Provider's licensing authorities; "r`---s-•-*•+'�T.T,. �Ti---�—x>.. .., ..,, ... "a- _,.c�s."'._"�""' "Ti . .��, i, �. -, r—s?9�;:""^_:'C�" � 7 �,•yY" rr...'"^`Y""��y^7.....-r..-...-. vol. .3 (� 3 pg. S� Drazes Couuty Ju%vaeJusticeCtater Detcntion Setvlees Agreematt My 1,2022—,AmOO,2023 B. Any --and 'all litigation filed against Service Provider, or -against its ,employees, interns, volunteers, subcontractors, agents and/•orconsultants thathave direct 0 tact With children; C. Any arrest of any employee, intern, yoluntee;, sybcontractor,_agent and/or consultant of Service Provider that has direct contact with children; ' D. Any'finding of "Reason toBendve" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, voltinteer, subcontractor, agent and/or consultant of'the Service Provider that has direct contact with children was the allegdd or designated perpetrator; E. The identity of any of the Service Providdes employees, interns, volunteers, subcontractors, agents'and/or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service •Providers employees, interns,, volunteers, subcontractors, agents and/" consultants that have diiect'contact with children 'that have a criminal history. 'For: the purpose of this Agreemerih the term•"criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction -or deferred adjudication within the past ten years; or (3). a jailable•misdemeanor ' conviction or deferred adjudication'within the past five years. 30.02 Service Provider agrees and understands it has an affirmable and ongoing duty to ascertain and disclose to juvenile Prot ation any and all of the foregoing information as to any individual, •whether an existing employee, intern, -volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct -unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. 'ARTICLE XI EQUAL OPPORTUNITY 11.0) Service Provider agrees to respect and protect the civil and legal rights of aft children and their parents. It will not unlawfully discriminate against employee, -prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. -ARTICLE XU ASSIGNMENT'& SUBCONITRACP 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or .obligations arising out of this Agreement without the written -consent of Juvenile Probation. ARTICLE XM OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of'the locality or localities in which the project is situated or being carried who exercise any functions.or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest bi have any personal or pecuniary interest; direct or indirect, in this Agreement or the proceeds thereof. .8 Vol. 3 &3 pg. ��P Brazos County Juvenile Justice Center Detention Services Agreement July 1, 2022:- Jute 30, 2V-3 ARTICLE,. MV DEFAULT 1.4A1 Juvenile Probation may, by written notice -of default to Service Provider, terminate the whole or any part of this Agreement,.asft deems appropriate, in anyone of following circumstances: 'A. If Service -Provider fails to perform'the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider'fails 'to perform any'of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or 'so -fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and .in either of these two circumstances after receiving notice. of default, Service Provider does not cure such failure within a period of ten (10) days. ' ARTICLE XV TERMINATION 15.01 • This Agreement may be terminated for any reason: A: Byeither'party upon ten (10) days written notice to the other party of the intention to terminate; or. B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that life safety of'children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of.this Agreement;. including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVl WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officersor subcontractors against Juvenile Probation. Service Provider also waives any -rights it may have to indemnification from Juvenile Probation. ARTICLE XVII , REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right; title, license and authority to enter into this Agreement; A.,. That it is qualified to do, business in the State of Texas;. that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; B. Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be fumished.to juvenile Probation. Furthermore, Juvenile Probation shall W notified immediately, upon any changes in the status of the Insurance policy and shall promptly furnish -updated certificates of insurance to Juvenile Probation. Vol. Pg. 7 n Riuzos County JussntiteJustice Center Detention Scrvicea Agfcm=t July 1,2022-3une 30, 2023 M C That all of its employees, igtems, volunteers,;subcontractdrs, agents And/or consultants will be 'properly ttairied to report aliegaticibs orbcidents of abuse, exploitation, neglect, death or serious incidents involving a child under the -supervision of juvenile Probation in accordance With the requirements of. Texas Family Code Chapter 261 and any applicable Texas juvenile justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents and that, if it has .employees, interns, volunteers, subcontractors, agents .and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in "all pdblic -and staff: areas of any and all of its offices/facilities, both the F,nglish and Spanish language versions of the following official notice forms that are available on the Texas Juvenile justice Department website: Notice to Public Regarding Abyse, Neglect and Explodirtioit and -Notice: to Etttployees Regarding -Abuse, Neglect mid Explaitatiatt. ARTICLE XViII TEXAS LAFV TO APPLY. 18.01 ' This Agreet» erit shall be construed under and in accordance with- the laws of the State. of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas, ARTICLE XIX VENUE 19.01 Exclusive venue,for any litigation, arising from -this Agreement shallbe in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or.more df the provisions contained in. this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect; such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable : provision had. never been'contained therein. ARTICLE XXi PRIOR AGREEMEArfS SUPERSEDED .21M This Agreement constitutes the sole and only -Agreement of the parties hereto and supersedes any prior understandings or written or oralAgreement between the parties respecting the within subject matter. This Contract _and Agreement is executed with the declared intention of the parties that this Contract and . Agreement is a contract providing for -the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such. care will be made by Juvenile Probation for thei children placed in the Facility by the Judge of Kaufman County having juvenile jurisdiction ARTICLE XXII PRISON RAPE ELIMINATION ACT ,2201 Service Provider shall adopt and comply with all federal, state, counfy,.and city laws, ordinances, regulations and standards• applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (1'1") which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses; the detection, elimination, prevention, and reporting of sexual abuse and " sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)) V Under PREA,.Service Provider is complying with PREA standards [PREA §115.312(b)) and shall make available to the •CJPO all incident -based aggregated data reports 'of sexual abuse at its facility within ?A -hours .of the allegation, and all such data may be requested by the Department.of Justice.from the previous.calendar year no later than june 3Oth [PREA and (f)) 94 Vol. �3 P9. (�g peiva G»ro tv Jawlab Jmatt Wet • ' ' aetratrmaervlcaAyeu�nt . ruty4zmr-r�er0,1013 . , FCanfaian County Brazos County JWcoUe Justice Center FwWonDepactment LanraPeacA M&Richtson ChiofJuvcnile cobatloa O6icer Ocecutive Director Kaufman County Auth 0 D Peters �IeY �du�ewle Chahmaa67uvenileBoard MtAzos,COUNTY COiNJ1viTSSIONGRS COURT - ON E 20 ' FULLY EMCUTED IN DUPLICATE, EACH OF r WHICH SHALL H6V.ZP FULL•FORCB AND BFFECT OF AN ORIGINAL. Duane Peters, County Judge 200 S. rexasAve, Ste, 332 Bryan, TX 77003 Phone 979-361.4102 Fox: 999-361.003 ' t Vol. Pg. Best and Final Offer.(BAFO) - Bid Tabulation CIP 22-638 Peach Creek Cutoff Road Reconstruction From State Highway 6 Frontage Road to Peach Creek Road . Brazos County, Texas BAFO Due: Wednesday, June 15, 2022 - 2:00 PM CST GE -Job#: 21-0842-01 Firm. Name: Larry Young Paving Inc. �, . Generaltltems Item # Item Quantity Units Unit Cost Total 100 Mobilization, Bonds, and Insurance 1 LS $ 151,000.00 $ 151,000.00 101 Traffic Control 1 LS $ 9,200.00 $ 9,200.00 102 Erosion Control (SWPPP), Including H droseed all Disturbed Areas 1 LS $ 80,000.00 $ 80.000.00 103 Existing Mailbox Relocation/Replacement 36 EA $ 470.00 $ 16,920.00 104 Si na e, Complete in Place 15 EA S 780.00 S 11,700.00 105 Striping and Raised Markers (Center Line & Shoulder), Complete in Place 8,350 LF $ 4.75 $ 39,662.50 106 Temporary Fencing 1 LS $ 1.00 $ 1.00 Sub Total - General Items $ 308,483.50 Item # Item Quantity Units Unit Cost Total 200 Remove Existing 18" or Smaller Driveway.Culverts and S.E.T.s 1,074 LF $ 20.00 $ 21,480.00 201 Remove Existing 24" Dirveway Culverts and S.E.T.'s 90 LF $ 20.00 $ 1,800.00 202 Remove Existing Crossing Culverts 48" or smaller 151 LF $ 40.00 $ 6,040.00 203 Remove Existing Crossing Culverts larger than48" 253 LF $ 42.00 $ 10,626.00 204 Reclamation of Existing HMAC Pavement and Base Material (Pulverize & Mix 21,175 SY $ 2.25 $ 47,643.75 205 Reclamation of Existing Driveways (Including Concrete) and Base Material (Pulverize & Mix) 3,725 SY S 2.25 S 8,381.25 206 Remove ans Stockpile Existing Rock Rip Rap for Re -use 100 SY $ 24.00 $ 2,400.00 207 Remove Existing Fence in ROW 400 LF $ 8.00 $ 3,200.00 208 Clearing and Grubbing of ROW Includes the removal of any trees in the ROW and trimming of limbs 1 LS $ 31,000.00 $ 31,000.00 209 Remove Existing Signage 15 EA S. 18.00 $ 270.00 Sub Total - Demolition $ 132,841.00 yw Storm and?Draina e , m Y. Item # Item Quantity Units Unit Cost Total 300 15" RCP Type III Structural Backfill , Complete in Place 152 LF $ 69.00 $ 10,488.00 301 18" RCP Type III Structural Backfill , Com lete in Place 1,168 LF $ 98.00 $ 114,464.00 302 24" RCP Type III Structural Backfill , Complete in Place 464 LF $ 100.00 $ 46,400.00 303 36" RCP T e'lll Structural Backfill , Complete in Place 185 LF $ 210.00 $ 38,850.00 304 60" RCP Type III Structural Backfill), Complete in Place 128 LF $ 490.00 $ 62,720.00 305 8.0' x 6.0' RCB Type Ill Structural Backfill , Complete in Place 91 LF $ 1,400.00 $ 127,400.00 306 15" 6:1 SETs (PSET-SP), Complete in Place 8 EA $ 1,200.00 $ 9,600.00 307 18" 6:1 SETS (PSET-SP), Complete in Place 60 EA $ 1,300.00 S 78,000.00 308 24" 6:1 SETS PSET-SP), Complete in Place 24 EA $ 1,700.00 $ 40,800.00 309 90" Concrete Headwall with flared wings for 1 - 36" RCP Culvert, Complete in Place 4 EA S 12,000.00 $ 48,000,00 310 90" Concrete Headwall with flared wings for Double Barrel-36" RCP Culvert Complete in Place 2 EA S 12,000.00 S 24,000.00 311 90` Concrete Headwall with flared wings for 1 - 60" RCP Culvert, Complete in Place 4 EA $ 16,000.00 $ 64,000.00 312 90° Concrete Headwall with flared wings for Double Barrel - 8.0' x 6.0' RCB Culvert, Complete in Place 2 El), $ 24,000.00 S 48,000.00 313 Culvert Markers 24 EA $ 180.00 $ 4,320.00 314 4" Concrete Aprons 780 SY $ 50.00 $ 39,000.00 315 4" Concrete Sloe Paving, Complete in Place 100 SY $ 64.00 $ 6,400.00 316 2.0'x6" Concrete Pilot Flumes, Complete in Place 100 SY $ 65.00 S 6,500.00 317 Type R Rock Rip Rap, 200-2501b, Hand Placed and Non -Grouted (included Geotextile Fabric) (18" Embedment) for Crossing Culverts, Com fete in Place 400 CY $ 140.00 S 56,000.00 318 lCement Stabilized Sand Complete in Place 200 I CY $ 77.00 $ 15,400.00 Sub Total - Storm and Drainage 1 $ 840,342.00 Vol. .3(o3 Pg. 70 PAGE 1 of 2 Best and Final Offer (BAFO) - Bid Tabulation CIP 22-638 .Peach Creek Cutoff,• Road Reconstruction From State Highway 6 Frontage Road to Peach Creek Road Brazos County, Texas BAFO Due: Wednesday, June 15, 2022 -.2:00 PM PST ;. - GE-Job`#:21-0842A1_ " . ._ P,ave , �n sand Earth W__,ork Unit Cost Total Item # Item Quanti `, Units 400 Earthwork - Cut to Fill, Desi n Grades (in Place 3,950, CY $ 11.00 $ 43,460.00 401 Earthwork - Cut to Haul to Design Grades (In Place) 5,950 CY $ 13.00 $ 77,350.00 .402 Earthwork - General Fill to Design Grades (In Place) 300 CY $ 9.75 $ -2,925.00 403 Earthwork - Remove and Replace Unsuitable Soils and Material with Select Fill Including Compaction (In Place). Limits of Remove and Replace to be Approved by Engineer Prior to Initiating Work. 600 CY $ 23.00 $ 13,800.00 404 Earthwork - Remove and Replace soils and materials with cement stabilized sand (In Place). Limits of Remova.and Replace to be approved by Engineer prior to initiating work 600 CY $ 80.00, °$ 48,000.00 405 8„ Cement Stabilization of Subgrade w/ Compaction (Assume 6% by weight, Complete in Place) 30,775 SY $ 2.50 $ 76,937.50 406 8" Cement Stabilization of Subgrade w/ Compaction (Assume 6% by weight, Complete in Place) 666 TON $ 290.00 $ 193,140.00 407 6" Lime Stabilization of Subgrade w/ Compaction (Assume 6% by weight, Complete in Place) 200 SY $ 2.50 $ 500.00 408 6" Lime"Stabilization of Subgrade w/ Compaction (Assume 6% by weight, Complete in Place) 4 TON $ 250.00 $ 1,000.00 409 8" - Type' B Black Base, Com lete in Place 17,625 SY $ 52.00 $ 916,500.00 410 10" - Tvpe B Black Base, Complete in Place 9,950 SY $ 66.00 $ 656,700.00 411 4" - T e;C HMAC, Complete in Place 17,025 SY $' 30.00 $ 510,750.00 412 2" - Type C_HMAC, Complete in Place 9,600 .SY ,$ 16.00 ' $ 153,600.00 413 4" - Type B:Black Base.for Driveways, Complete in Place 3,200 SY $ 34.00 $ 108,800.00. 414 3" - Type C HMAC Driveway, Complete in Place 3,200 SY I $ 28.00 $, 89,600.00 415 10" - Concrete Driveway, Complete in Place 190 SY $ 120.00 $ 22,800.00 416 Metal Beam Guard Fence (12GA) (Timber Post)(Block Out), Sunr)lv and Install 1,850 LF $ 39.00 $ 72,150:00 417 MSKT Guardrail Terminal Supply_ and Install 12 EA $ 4;3.00.00 $ 51,600.00 418 4" Thick Concrete Mow Strip Guardrail Complete in Place 720 SY $ 52.00 $. 37,440.00 .Sub. Total- Pavement and Earth. Work ' , ; . $' 13,077,042.50 Construction Cost i - $ 4,358,709:00 Contingency $ ,; 150,000.00 Totat°Gonst`r."u'ction Cost `: , A _ _ ' $. 4j508,709:00. _' "Trine ofCompiefon (Galendar,'Da s) �;`�� •; �` r• �k . .,. ,�� . 's. •20,0, Proposer's Name: Mark'Schinzier - Position/Title: Estimator Proposer's Signature: Date: 6/14/2022 Vol. 3 63 Pg. `7 "� PAGE 2 of 2 ■ @ � � § ■ tv � § cc % 4-A Q � ■ � Q � % � 00 m 9 � CL k CL w a § o $ ko o � 2 o $ m « ©� # L$ k � V1. . . .. @ o Ln ■ $ n ■ M ). $ $ m .§ Tq n co�©2 is 5g3.. 0)��� CL E /� c20 k k R A $ § Q $\ .. . \ $ Ln c �.Ln k P � ul � c / o CL 0 CL CLCL a m g � « £� CL w 2 �$ _ - A �. § .c to CL \ � o kIL to §� 7 — �k� ECL ■ — � 5 m 3 u u ak _ N ■ m k k / e k k to 0. to 0 � 2 k $ � k § � k $ § u AGREEMENT FOR PEACH CREEK CUTOFF ROAD RECONSTRUCTION RF P # C 1 P 22-638 BRAZOS COUNTY, TEXAS Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 voi 363 Pagelg. -73 TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Agreement for Construction —Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 e 2 von. 31�3 Pg. -7 AGREEMENT FOR, CONSTRUCTION OF BRAZOS COUNTY SITE WORK This Agreement for the construction of the PEACH CREEK CUTOFF ROAD RECONSTRUCTION Brazos County, Texas, in the amount of FOUR MILLION, FIVE HUNDRES AND EIGHT THOUSAND, SEVEN HUNDRED AND NINE DOLLOARS ($4,508.709.00) is entered into this 28 day of June 2622 by and between BRAZOS COUNTY, TEXAS. (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and LARRY YOUNG PAVING, INC., (hereinafter referred to as "Contractor"). The PEACH CREEK CUTOFF ROAD RECONSTRUCTION is hereinafter referred to as the "Project." The Engineer for the Project is the firm of GESSNER. ENGINEERING, LLP and is hereinafter referred to as "Engineer." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ("Contract Documents) consist of the 'Agreement between Owner and Contractor (hereinafter the "Agreement"), Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP # CIP 22-638 and the Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior.to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change in the Work issued by the Engineer. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub -paragraph 1.6.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ("Contract"). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Engineer or Engineer's consultants; (2) between the Owner and a Subcontractor or Sub —subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Engineer shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Engineer's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, Agreement for Construction —Peach Creek Cutoff Road Reconstruction RFP C[P 22.638 Page 3 Vol. 365 Pg. I S materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is the rehabilitation of the PEACH CREEK CUTOFF ROAD RECONSTRUCTION in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: This project consists of the reconstruction of Peach Creek Cutoff Road. 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. .4 Where the terms "Plans" or "Drawings" are used, they shall be Agreement for Construction —Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Page 4 Vol. 63 pg. `? (o understood to include drawings, 'details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. .6 Day: A calendar day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Engineer approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Engineer, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Engineer and Owner., .8. Date of Final Completion: The date when Engineer and Owner find all the work of the Contract documents_ acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure 'to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not —in —Contract ( N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .16 Late Change: A change in the work that cannot be performed before the particular item of work that requires the .expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. Agreement for Construction —Peach Creek Cutoff Road Reconstruction RFP CIP 2 e 5 voi. 3 Pg. 7 -7 .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 contekt, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure, locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and. without the removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "Inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP n-638 Vol. 3 Pg. 7 g 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of, the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.6 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Engineer. 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the, latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 . Enumeration of Items: Lists of "work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of.the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (1) Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Vol. Peg. specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American institute of Engineers. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.6.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and/or Engineer's consultants are instruments ,of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one,contract record set. Neither the Contractor, nor any Subcontractor, Sub —subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer or the Engineer's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to -the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub —subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written. consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, Sub —subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and/or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made underthis license shall bearthe statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22,639 Vol. 3 �63 Pg. �� 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Engineer may furnish ,or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or other versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or, Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage; maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer; Engineer's consultants or Owner, and to fullest extent permitted by law, the -Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. 4 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the. Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, any claim -or liabilities arising out of such use. Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22438 Page 9 -Vol. 3 Pg. g ARTICLE 2 OWNER 2.1 DEFINITION , 2.1.1 The Owner is Brazos County; Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is the Capital Project Manager, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the .Owner with reasonable promptness. and complete and accurate to the best of the Owner's information -and belief. Any other information or services relevant to the Contractor's performance of the. Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.6 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 Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22.638 Page 10 FvoI.. Z Loa Pg. 2- 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 falls within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the. Engineer's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Engineer. if payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner -Contractor Agreement, as a direct result of the Engineer's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor (unless specifically agreed upon): .1 Partial, Substantial' Completion; .2 Substantial Completion when it occurs prior to the expiration of the Construction Time. Agreement for Construction —Peach Crock Cutoff Road Reconstruction RFP CIP 22.6 91 Vol. 31o3 Pg. ART_ CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor' means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however; any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Engineer as a properly prepared, timely Request For Information (RFI) in such form as the Engineer may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Engineer, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Engineer any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Engineer may require. 3.2.3 If the Contractor believes that additional cost or, time is involved because of clarifications, interpretations or instructions issued by the Engineer in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor.shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 age vol. 36,3 Pg. o � omission or difference and knowingly failed to report it to the Engineer. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Engineer and shall not proceed with that portion of the Work without further written instructions from the Engineer. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the. Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.6 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 3.3.7 Layout/grades will be per plans. Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Pa a 13 Vol. 3 Pt 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to. be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Engineer and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Engineer that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes, made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Engineer and properly accepted and authorized by Engineer, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Engineer whether or not such submittal has been reviewed or stamped by Engineer.. Notice must be specific and transmitted in letter form. If required by Owner or Engineer, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Engineer, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Agreement for Construction —Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Vol. Pg. Contract, whether or not any portion or trade has been assigned or sub —let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.6.7 Under the requirements of this Paragraph 3.5, Contractor,shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 D' Vol. 3h3 Pg. e7 concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor requires all Subcontractors, Sub -subcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable. laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer and Owner in writing and. necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing ]t to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. J , 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Vol. 3 �3 Pg- .J .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $150,000.00 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section 8(f). 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Engineer the name and qualifications of a proposed superintendent. The Owner or .Engineer may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Engineer has reasonable objection to the proposed superintendent, or (2) that the Owner or Engineer requires additional time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a. proposed -superintendent to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly (within ten (10) days) after notification of contract award, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly -or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Engineer, including -time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Engineer's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule Agreement for Construction — Peach Creek Cutoff Road Reconstruction UPIva— IP 22-638 Page 17 g 3 (03 pg. � g and allows the Engineer reasonable time,, as defined by the Engineer to review submittals. If the Contractor fall's to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11. DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders, and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Engineer and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data. specially prepared for the Work by the Contractor or a Subcontractor, Sub —subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, Instructions,, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor. proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Engineer without action. Agreement for Construction —Peach Creek Cutoff Road Reconstruction RFP CIP 22.638 Page 18 Vol., � �3• pg. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, -the Contractor and Sub -contractor represent to the Owner and Engineer that the Contractor and Sub -contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples -or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals, In absence of such written notice the Engineer's approval of a re -submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Engineer or engineering unless such services are specifically required by the Contract Documents for a portion of the, Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Engineer. Agreement for Construction — Peach Creek Cutoff Road Reconstruction RPP C1P 22-638 vol. 3 63 pg. q / The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure., the Owner may do so and the cost thereof shall be charged to the Contractor. Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 vol. 3 b3 Pg. 9� 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access ,to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when.a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the. Engineer. 3.18 INDEMNIFICATION 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES') FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING 1N CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB -CONTRACTORS, , SUB -SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED. BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22-6 F01- b3 Pg. �'l� OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub -Sub -contractor, anyone directly or Indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Engineer, the Engineer's consultants and agents and employees of any of them arising out of: (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give; directions or instructions by the Engineer, the Engineer's consultants and agents and employees of any of them, provided such giving, or failure to give, is the primary cause of the injury or damage. The indemnity for the Engineer, the Engineer's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Engineer, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be approved in writing. by Engineer or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents,,Contractor shall notify Engineer for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Engineer. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Engineer. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Engineer, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Engineer, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22-63 FVol. 7Pg.n 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break —down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Engineer. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Engineer and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (at a maximum, in calendar days) Day 0: Contractors receipt of Notice to Proceed Submittals, as needed, to be provided within a reasonable time. Day 200: Contractor attains Substantial Completion Day 230: Contractor attains Final Completion 4.1 ENGINEER 4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. .The term "Engineer" means the Engineer or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E," or "EngineeUEngineer" shall mean Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation with Owner's representative, will provide administration of the Contract as. described in the Contract Documents: (1) during construction; (2) until final payment is due, and {3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Vol. I? f-03 Pg. modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) -to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will'not be required to make exhaustive. or continuous on -site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and will not. be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform' the Work in accordance with the Contract Documents orfailure to complete Work on schedule. The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other- persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.6 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-63 3 Page 2 Vol. 9�Pg. �6 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole_ expense, including compensation for Engineer's services and expenses. 4.2.7 The Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Engineer is limited to only those submittals required by the Contract Documents. The Engineer's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Engineer's professional judgment to permit adequate review by the Engineer, Engineer's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Engineer's review 'of'the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Engineer's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Engineer, of any construction means, methods, techniques, sequences or procedures. The Engineer's review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Engineer will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Engineer may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Engineer may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10 If the Owner and Engineer agree, Engineer will provide one or more project representatives to assist in carrying out the Engineer's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Engineer will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer's response to such requests will be made in writing within any Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Page 5 voi. 3 63 Pg. J 7 time limits agreed upon or otherwise with reasonable promptness. if no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until twenty (21) days after written request is received. 4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner`s and Engineers decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim. is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Engineer, this shall include showing in CPM format, both critical -and non -critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Engineer. Claims, including those alleging an error or omission by the Engineer, shall be referred initially to the Engineer for action as provided in Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Engineer and the other party. An Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22-639 8 t' 26 vol. 363 P9. q g additional Claim made after the 1nitial Claim has been implemented by Change Order will not be considered unless submitted in a1imely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub -paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.6 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual .nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Engineer will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Engineer has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings pursuant to Paragraph 4A. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is Involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 if the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall Agreement for Construction — Peach Crcck Cutoff Road Reconstruction RFP CIP 22-638 !Vol. 3 � pg. alq demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather•conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path.. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including, where appropriate, a revised construction schedule indicating all activities, affected by circumstances forming the basis of the Claim. .4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party Is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or'Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise -between Agreement for Construction— Peach Creek Cutoff Road Reconstruction REP CIP 22-638 2 b3 Page 28 Vol. pg. -OD subcontractor and owner. 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms -throughout the contract and or any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision: An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4. If the Engineer requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Engineer will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven (7) days. Upon expiration of such time period, the Engineer will render to the parties the Engineer's .written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Engineer Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Vol. Z&3 Pg. /of may, but is not obligated to, notify the surety and request the surety's assistance in resolving' the controversy. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub —subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub — subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub —subcontractor or an authorized representative of the Sub — subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials orequipment fabricated to a special design) proposed for each principal portion of the work. - The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Ll vol. 3 6 3 Pg• 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Engineer. Each subcontractor agreement shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub —subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub —subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or -under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub -subcontractor, or other levels of contractors- and subcontractors, and Owner or Engineer, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP C1P 22-638 vol.. 3 (03 Pg. /, 0_; information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner —Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, 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 underthe Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. Agreement for Construction —Peach Creek Cutoff Road Reconstruction RFP CTP 22-638 Pag 32 Vol. � � P��:.��D 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to complete or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Engineer; a Construction Change Directive requires agreement by the Owner and Engineer and may or may not be agreed to by the Contractor and an order for a,minor change in the Work may be issued by the Engineer alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction'Change.Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Engineer and signed by the Owner, Contractor and Engineer, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. Agreement for Construction - Peach Creck Cutoff Road Reconstruction RFP CIP 22. 38 voi. 3 43 pg. .__/0, _ 7.2.2 Methods used In determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 1.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared. by the Engineer and signed by the Owner and Engineer directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the' adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient, substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a, Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining, the proposed adjustment in the Contract Sum or Contract Time. 7.3.6 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' orworkmenis compensation insurance; .2• costs of materials, supplies and equipment, Including- cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22.63 Page Vol. 3 63 pg. .4 costs of premiums for all bonds and insurance, permit,fees, and sales, use or similar taxes related to the Work; .6 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor; for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits .covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Engineer will make an* interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the. same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor• agree with the determination made by the Engineer concerning the adjustments in the Contract . Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Engineer has authority to. order'minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with ,the intent of the Contract Documents. Such changes shall be 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 ninety (90) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. Agreement for Construction —Peach Creek Cutoff Road Reconstruction RPP CIP 22.638 --Pag- a 35 Vol. 3 6 3_ pg. /01 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 The date of Substantial completion is the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.6 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. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working, hours per shift, shifts per working days, Agreement for Construclion—Peach Creek Cutoff Road Reconstruction RFP CIP 22-6 �— /O(�Page Vol. 3 P9. l �j,--- working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment -of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. i 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME' 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer and Owner may determine. .1 If at least seven (7) hours of work'time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 'Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. Agreement for Construction— Peach Creek Cutoff Road Reconstruction RPP CIP 22-638 � age 37 Vol. 3 (p3 Pg. 1_ e_—� 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re -execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND' COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is FOUR MILLION, FIVE HUNDRED AND EIGHT THOUSAND, SEVEN HUNDRED AND NINE DOLLARS ($4.508.709.00) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Engineer a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Engineer will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each progress payment, the Contractor shall submit to the Engineer an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Engineer may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage Agreement For Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Page 38 �lol. _�(�3 Pa, 1`0_... 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 Owneer shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7j days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in -the amount certified'. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on —site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the' Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. if the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Agreement for Construction —Peach Creek Cutoff Road Reconstruction RFP CIP 2-638 P ge 39 Vol. 3 a Pg. / H Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of. .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to cant' out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub -contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.6.2 When the above reasons for withholding certification are removed, certification Will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 11 9.6.1 After the Engineer has issued -a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs' 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The 'Contractor shall pay each Sub -contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub —subcontractors in similar manner. 9.6.3 The Engineer will, on request, fumish to a Sub -contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub -contractor. 9.6.4 The -Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22.E COI , pg. Page 3 (�3 g. _L_Z.._._ amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.6 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in. the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut —down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. - 9.8.2 Unless' otherwise provided in the Contract Documents, when the Contractor considers that the Work, -or a' portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an Rem on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days, to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP Vol. 3&3 Pa. ,!2 the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. i 9.8:4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and- insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required. by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of, responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by -the insurer as required under Subparagraph .11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor,of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied -or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or -use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 E01. 1o3 I'g. inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer- and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on -site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless 'otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of'the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated In the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 '8g®- Vol. �(03 Peg. /!� 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. 9.10.4The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents, or .4 non -conforming, faulty or defective Work appearing at or after final payment. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1' SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following:. .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and Engineer and their consultants and employees; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub —subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Page 44 Vol. 3 C3 Pg. // posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Engineer, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.6 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub —subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice In writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric'cables,, railroads or otherwise who may be affected by Contractor's operation, in order that they may.remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22- B 5 TV(),; 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited -to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility" of Owner, Engineer or their. representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the 'regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor'shall be responsible for any fines, penalties or charges by any regulatory.body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement -of any OSHA"fines incurred by the Engineer for Project site safety conditions, created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi -employer citation provision. 10.2.13 The Contractor shall notify Owner's and- Engineer's personnel "upon arrival to the Project site of any known safety or health hazards at the Project and. the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them -from •safety and health risks during the performance of their services during the construction of the Project. • 10.2.15 The Engineer's review of Contractor's performance does not include review of adequacy of Contracto's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the, Contractor shall, upon recognizing the: condition, immediately stop Work in the affected area and report the condition to the Owner, in writing, with a copy to the Engineer. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 6 3 � Vol. �� Pg. waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used'in the cleaning of finished building materials. 10.3.2 upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and'in the event such material or substance is found to be present, to cause it to be rendered harmless. 'Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor- the names and qualifications of persons or entities who are -to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose' another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in'the affected area shall resume upon -written agreement of the Owner and Contractor. By Change Order the Contract Time'shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineer, , Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and. expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance. presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided, that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4 The Engineer and Engineer's consultants and employees shall have no responsibility for'the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic,substances in any form at the Project site. 10.34the Owner and Engineer shall not be responsible under Paragraph -10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner and Engineer prior to:bringing any.hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety -or health of persons or property, the Contractor shall act, .at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Page 47 Vol. � b� Pa. � �9 emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents arising out of, or in connection'with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 \ INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor'shall purchase from and maintain in a company or companies lawfully authorized to do business In the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and'for which the Contractor may by legally liable, whether such. operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, -employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; 3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's -employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person -or-property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18.. .9 Liability Insurance shall include all major divisions of coverage- and be on a comprehensive basis including:. (1) Premises Operations (including X, C. and U coverages as applicable). (2) Independent Contractors' Protective. -(3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's Agreement for Construction —Peach Creek Cutoff Road Reconstruction RFP CrP 22-638 age Vol. 3 �3 Pg. obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages .required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on -an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas, Statutory.. (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $ 500,000 each accident $ 500,000 disease, policy limit $ 500,000 disease, each employee (e) Benefits required by union labor contracts: , As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $1,000,000 each occurrence $1,000,000 aggregate (b) Property Damage: $1,000,000 each occurrence $1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2). C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this. policy. (Waiver of Subrogation) Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 � Page 49 Vol: 3 63 pg• i l 3.' Contractual Liability: (a) Bodily Injury: $1,000,000 each occurrence (b) Property Damage: $1,000,000 each occurrence $ 2,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall. be not less than $100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $10,000 on any one person. (d) (,Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $10,000 retention for self -insured hazards each occurrence 7. Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $1,000,000 each accident (b) Property Damage: $ 600,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement" shalt 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 Agreement for Construction — Penh Creek Cutoff Road Reconstruction RFP CIP 22.638 - Paorp 50 Vol. 3 63 Pg. /� kind, type, or nature required by the Contract Documents. 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent liability for claims which may arise from operations under the Contract. .1 Bodily Injury: $ 1,000,000 each occurrence $1,000,000 aggregate .2 Property Damage: $1,000,000 each occurrence $1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus Engineer fees, plus value of subsequent Contract modifications and cost -of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity -other than the Owner has an insurable interest in the property required by.this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract sum for the Work. If Owner is damaged by failure of Contractor to maintain such insurance, then Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Engineer's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible; include'such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 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 Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-63 Vol. 3 Pg. is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney -in -fad who executes required bonds on behalf of surety to affix thereto a certified and currentcopy of power of attorney. 11.4.6 Contractor shall deliver required bonds to Owner- not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to -a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of. (1) notice of changes in the Work; (2) request for reduction or release of retention, (3) request for final payment; and (4) any other information required by surety. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is. covered contrary to the Engineer's, Owner's or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Engineer, be uncovered for the Engineer's, Owner's or governing authority's examination and be replaced at the Contractor's'expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Engineer, Owner or governing authority has not specifically requested to examine prior to its being covered, the Engineer, -Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. ' If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such. cost and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 voi. 3 pg. %� 12.2 CORRECTION OF WORK . ` 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12:2.1.1 The Contractor shall promptly correct Work rejected by the Engineer, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial, Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after'the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance, of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2:2 The one (1) year period for correction of Work shall be extended with respect to portions- of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents -and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements. of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship -to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which Agreement for Construction - Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Vol. 3 &-3 Pg. I proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner: ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County, Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as.required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to. facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety.. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, ,firms and corporations for Agreement for Construction— Peach Creek Cutoff Road Reconstruction RPP CIP 22-638 a @ 54 Fv oi. ___ (o`er ._ � Ian. �� services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work, called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to -the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right or duty. afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules,. regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so they may observe_such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances,. codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services, and expenses shall be at the Contractor's expense. Agreement for Construction — Peach Creek Cutoff Road Reconstruction UP CIP 22-63 r P g • a7 Page f �► 1 ol. l� i 13.6.4 Required certificates 'of testing, inspection ;or approval shall, unless otherwise required by the Contract Documents, be secured by -the Contractor and promptly delivered to the Engineer and Project inspector (if any). , 13.5.6 If the Engineer, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas.. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date, of. any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against - any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be -limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Agreement for Construction —Peach Creek Cutoff Road Reconstruction RFP C1P 22- 198 Page 56 Vol. � (o 3 Pg. /� Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. . 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14' TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub — subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons; .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment'on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials; equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Agreement for Construction— Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 a 57 Voi. 63= Pg. Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the' Engineer, terminate the Contract and recover from the *Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 , take possession of the site and of! all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the, Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or .interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. Agreement fur ConstncctIon— Peach Creek Cutoff Road Reconstruction RFP CIP 22-638 Vol. 33 Pg. -L-�io- 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.' 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 16.1 Engineer, the Owner, and'their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference -to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on -the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the -Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of -quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Engineer, expressed in writing, meet or exceed the characteristics of the specified items. Agreement for Construction — Peach Creek Cutoff Road Reconstruction RFP CIP -- 8� 59 Vol.. Pg. 4< ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested; directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1. PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized' to execute this Agreement upon the Commissioners Courts approval of the Agreement as set forth in the minutes of the Courfs �uh� 2S , 2022, meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1) to the Engineer for use in the administration of the Contract, and the remainder to the .Owner. OWNER: BRAZOS COUNTY, TE S Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: LARRY YOUNG PAVING INC Date: (-0 ( Re I a� Date: Le • n • a',L ATTACHMENT "A" 'PEACH CREEK CUTOFF ROAD RECONSTRUCTION REQUEST FOR PROPOSAL CIP 22-638 Agreement for. Construction —Peach Creek CutoffRoad Reconstruction RFP CIP 22 61 Vol. 3 (03 rig. 1,33 •(--r"ILI[fIm1.W.Z-[ it REQUEST FOR PROPOSALS RFP NO. CIP 22-638 Peach Creek Cutoff Road- Reconstruction 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) 361-4290 Fax: (979) 361-4293 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. 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: L A lam_ y i1 wot 19V I VIGh i I �- By (Print): Q, f S GI 1 0 Title: Physical Address: I qC �, �'1 lv V i l I VZJ- •y (b1 PA T-� Mailing Address: P �J1J ��11 CD1�-1ri� ``A bl- Telephone: qJJ 4a3 401 Fax: 611cl $a3 q�1 E-Mail:m G���Y1�{c�✓��nr�t�tli��vrmU+hS•Cp►�► VOL 3�3 P . /3s 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 six (6) copies of the proposal to Brazos County. 4. The complete proposal should include the following: a. Completed and signed REP. b. Contractor's Qualification Statement (AIA Document A-305 or equal) i. To include similar projects of size and scope ii. To include Project Manager and Superintendent experience iii. To include list of available resources (Personnel and equipment not concurrently committed to another project.) c. Bid bond, certified check or cashier's check for 5% of the total bid amount d. Completed Exhibit B - Bid Form By signing the certification below, the vendor verifies that all plans and specifications have been reviewed and are considered in the pricing attached. 6. By submitting a proposal, the proposer is stating that they have reviewed and considered the RFP, Exhibit A (Prevailing Wage Rates), Exhibit B (Bid Form), Exhibit C (Plans), Exhibit D (Specifications), and Exhibit E (Supplementary Conditions). 7. By submitting a response to this RFP, the proposer is agreeing to sign the County's Standard Agreement for Construction Services. R. LIST OF SUB -CONTRACTORS: 1. Paving 2. Concrete �� {_ -�' 1 P,�•,�OYnn 3. Traffic Control s t-F Q"rm 4. Erosion Control 3 i*w 4tLYD <�bllei 5. Earthwork S e.11' e2tdC,'%d r" 6. Demolition Srl-� 7. Revegetation 'Gyj-k�km 14!4Ayt) P . �11A 8. Other 16 1 Page V& l3 Pg. / EXHIBIT B - BID FORM 'iI Peach Creek Cutoff Road Reconstruction I Wft i % From State Highway 6 Frontage Road to Poach Crack Road Pavement, Earthwork and Storm GESSNER Gessnor Engineering, LLC 1 14 a ; i: T_ rz 11 ;N GE Job #: 21-0842.01 77 Item # Item Quantity Units Unit Cost Total 00 IMobilization, Bonds, and Insurance I LS 161000.00 161000.00 0' 101 Traffic Control I LS 9200.00 9200.00 102 lErosion 0 Control (SWPPP), Including Hydroseed all Disturbed Areas I LS 80000.00 80000.00 0 103 E)dstinq Mailbox Res'pr-linn/Ppninc.- ent 36 EA 470.00 16920.00 IR10' 04 Slanacie. Comr)lete in Place 15 EA 780.00 11700.00 5 10, 105 Striping and Raised Markers (Center Line & Shoulder), 8,350 LF 4.75 39662.50 Comrilete in Place 106 Temporary Fencing LS 1.00 1.00 Sub Total - General Items $318483.50 . Deffio it-loh Item # Item QuantitL Units Unit Cost Total 200 Remove E)dstinq 18" or Smaller Driveway Culverts and S.E.T.s 1,074 LF 20.00 21480.00 201 Remove Ebdsting ZVD!rveway Culverts and S.E.T.'s go LF 20.00 1860.00 202 Remove EAsting Crossing Culverts 48" or smaller 151 LF 40.00 - 6040.00 203 Remove EAsting Crossing Culverts laMer than 48" 253 LF 42.00 100"o Reclamation of E)dsting HMAC Pavement and Base Material (Pulverize & 21,175 SY 2.25 47643.75 204 MIX) 205 lReclamation of E)dsfing Driveways (Including Concrete) 3,725 SY 2.25 8381.25 and Base Material (Pulverize & Mix) 206 1 Remove ans Stock2lle E)dsting Rock Rip Rap for Re -use 100 Sy 24.00 2400.00 207 Remove E)dsUnq,Fence in ROW 400 LF 8.00 3200.00 208 Clearing and Grubbing of ROW Includes the removal of any trees in the ROW and trimming of limbs I LS 3*1000.00 1 31000.00 209 Remove EAsting Signage 15 EA 18.00 270.00 Sub Total - Demolition $ 132941.00 Item # I Item Quantity Units Unit Cost Total 300 115" RCP Type III (Structural Backfill), Complete In Place ... 152 LF 72.00 10944.00 301 1181' RCP Type III (Structural Backfill), Complete In Place 1,168 LF 100.00 - --qTOU 116800.00 302 124" RCP Type III (Structural Backfill), Complete In Place 464 - LF 46400.00 303 36" RCP Type III (Structural Backfill), Complete In Place 185 LF 210.00 38850-00 304 60" RCP Type III (Structural Backfill), Complete In Place 128 LF 600.00 64000.00 305 8.0' x6.0'RCB Type III (Structural Backfill), ompfete lnPlace 91 LF 1400.00 127400.00 306 15" 6:1 SETs (PSET-SP), Complete In Place 8 EA 940.00 7520.00 307 18" 6:1 SETs (PSET-SP), Complete In Place 60 EA 7TON.Mu- 66000.00 308 24" 6:1 SETs (PSET-SP), Complete In Place 24 EA 1800.00 43200.00 309 90° Concrete Headwall with flared wings for 4 EA 1200b.00 48000.00 I - 36" RCP Culvert, Complete In Place 310 90' Concrete Headwall with flared wings for 2 EA 12000.00 24000.00 Double Barrel - 36" RCP Culvert, Complete In Place 311 900 Concrete Headwall with flared wings for 4 EA 16000.00 64000.00 1 -60" RCP Culvert, Complete In Place 312 90° Concrete Headwall with flared wings for 2 EA 24000.00 48000.00 Double Barrel - 8.0'x 6.0'RCB Culvert, Complete In Place 313 Culvert Markers 24 EA 160.00 4320,00 314 VConcrete.Apruns 780 SY 53.00 41340.00 316 4" Concrete Slope Paving, Complete In Place 100 Sy 53.00 5300.00 316 2.0'4" Concrete Pilot Flumes, Complete In Place 100 SY 66.00 6500.00 Type R Rock Rip Rap, 200-2501b, Hand Placed and Non -Grouted 317 (included Geotextile Fabric) (18" Embedment) for Crossing Culverts, 400 CY 140.00 56000.00 Complete in Place -10'Fuu.vu - 318 Cement Stabilized Sand ,.Complete In Place 200 Cy 7 1.UU 1 Sub Total - Storm and Drainage $ 833974.00 VOL Fig. 107 PAGE 1 of 2 EXHIBIT B - BID FORM (� Peach Creek Cutoff Road Reconstruction j From State Highway 6 Frontage Road to Peach Creek Road Pavement, Earthwork and Storm GESSNER Gessner Engineering, LLC E ,`7 GM E'- a I N G GE Job #: 21-0842-01 PavementandEatli,Wosk$'�„ ?; ,.(e,... die xrr',;�.� Item # Item Quantitv Units Unit Cost Total 400 Earthwork- Cut to Fill. Design Grades In Place 3,950 CY 11.00 43450.00 401 Earthwork - Cut to Haul to Design Grades In Place 5,950 CY 13.00 77350.00 402 Earthwork - General Fill to Design Grades In Place 300 CY 9.75 2925.00 403 Earthwork - Remove and Replace Unsuitable Solis and Material with Select Fill Including Compaction (In Place). Limits of Remove and Replace to be Approved by Engineer Prior to Initiating Work. 600 CY 23.00 13800.00 404 Earthwork - Remove and Replace soils and materials with cement ' stabilized sand (in Place). Limits of Remove and Replace to be approved by Engineer priorto initiating work 600 CY 80.00 48000.00 405 8" Cement Stabilization of Subgrade w/ Compaction (Assume 6% by weight, Complete in Place) 30,775 SY 2.50 76937.50 406 8" Cement Stabilization of Subgrade w/ Compaction (Assume 6% by weight, Complete in Place) 666 TON 290.00 193140.00 407 6" Lime Stabilization of Subgrade w/ Compaction (Assume 6% by weight, Complete in Place) 200 SY 2.50 500.00 408 6" Lime Stabilization of Subgrade w/ Compaction (Assume 6% by weight, Complete in Place) 4 TON 260.00 1000.00 409 8" - Type B Black Base, Complete in Place 17,625 SY 52.00 916500.00 410 10" - Tvpe B Black Base Complete in Place 9,950 SY 66.00 656700.00 411 4" - Type C HMAC, Complete in Place 17.025 SY 30.00 510750.00 412 2" - Type C HMAC, Complete in Place 9,600 SY 153600.00 413 4" - Type B Black Base for Driveways, Complete In Place 3,200 SY 34.00 108800.00 414 3" - Type C HMAC Driveway, Complete in Place 3,200 SY 28.00 89600.00 415 10" - Concrete Driveway, Complete in Place 190 SY 120.00 22800.00 416 Metal Beam Guard Fence (12GA) (Timber Post)(Block Out), Supply and Install 1, 850 LF 39.00 72150.00 417 MSKT Guardrail Terminal Supply and Install 12 EA 4300.00 51600.00 418 4" Thick Concrete Mow Strip (Guardrail), Complete in Place 720 SY. 53.00 38160.00 Sub Total - Pavement and Earth Work $ 3,077,762.50 �L A� YY >7'� r 5.1a+' w Y 'sY'xc'?"•�F`-r dy' - t r } ". i uF* " `� f'xa $ .Sd',� t.' �t� g 'SS`41' Construction Cost $ 4363161.00 Contingency $ 150,000.00 Total Construction Cost $ 4513161.00 Time of Completion (Calendar Days) 210 v o Ei. 3 1.,3 pg. 13 PAGE 2 of 2 U. This Section must be completed. Failure to complete this section will disqualify the bid. a 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 bi"d 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 Iist 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.) 1 Page vop. �.6 pg. /39 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 Brdzos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement. under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or - response; and/or . (4) the award of a Contract, if any. The Proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. STATEMENT OF AFFIRMATION "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: Address: Colk-prv Proposer's Name: Position/Title: Proposer's Signature: / Date: ��� %22- Subscribed and sworn to me on this 'J ` W My Commission expires uuw,, JAMIE EANES ` =o�+�'"PV0-1�Notary Public, State of Texas R y= Comm. Expires to-31 2023 vl�` Notary 10 132233279 i day of 1 `� in the year 20 1 Page Vbl. 3 (3 pg. �� Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #1 to CIP 22-638 Peach Creek Cutoff Road Reconstruction Date: May 10h, 2022 To: All Interested Parties From: Shaun Hanson, P.E. Gessner Engineering, LLC Re: Clarifications/Answers to Questions The following clarifications, additions, deletions, or changes to the`Bid Documents are hereby made a part of the originally issued documents for the above referenced projeot,as fully.and as completely as though the same were included therein. General: • Pre -proposal sign in sheet included in the addenda. Bid Form Changes: ` The revised bid sheet included as part of this Addendum will supersede the previously issued bid sheet. • Removed Phase 1 and Phase 2 quantities and combined into total. • Item 405 no longer includes cement material in the line item • Item 406 has been revised to 8" Cement Stabilization of subgrade w/ compaction. This line item does not include the cement material. • Item 407 has been revised to 6" Lime Stabilization of subgrade w/ compaction. This line item does not include the time material. • Item 408 has been revisedito 6" Lime Stabilization of subgrade (Assume 6% by weight, Complete in Place). • Item 409 has been revised'to 8" - Type B Black Base, .Complete in Place • -Item 410 has been revised to 10" - Type B Black Base, Complete in Place Item 411 has been revised;to 4" - Type C HAW-', Complete in Place • Item 412 has been revisedito 2" - Type C HMAC, Complete in Place • Item 413 has been revised'to 4" - Type B Black Base for Driveways, Complete in Place j • Item 414 has been revised to 3" - Type C HMAC Driveway, Complete in Place • Item 415 has been revised, to 10" - Concrete Driveway, Complete in Place Vol: pg.lgl • Item 416 has been revised to Metal Beam Guard Fence (12GA) (Timber Post)(Block Out), Supply and Install • Item 417 Added to form and reads MSKT Guardrail Terminal, Supply and Install • Item 418 Added to form and reads 4" Thick Concrete Mow Strip (Guardrail), Complete in Place • Quantity in Item 405 has now been moved to Item 406 and quantity has been revised • Combined phased Time of Completion into one Iine item for total project Time of Completion days. All provisions which are not so amended or supplemented remain in full force and effect. End Addendum 41 -Vol. v� �3 pg. /`fz 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. i No. 1 No. Date Date, X. CERTIFICATION OF PROPOSAL The undersigned affirms that they are not been prepared in collusion with not been communicated to anv o er C No. Date authorized to execute this contract, that this bid has Contractor, and that the contents of this bid have ;tor prior to the official opening. Signed By: ` Title: Typed Name: Mpuv�/<��h�I�✓ Company Name: I'm Y �) pcufi in ti, i h G Mailing Address: 1 h� G�1��c G��1 D w "�� '►'1 2-- P.O. Box or Street City State Zip Employer Identification Number: d-0— 12 3-13 9-- CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 22-638 By signing below, Brazos County agrees that this RFP CIP 22-638 will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Court Date: Attest: Brazos County Clerk 21 1 Page Y. HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and: any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will 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: l L Authorized Company Representative: S Gk l to qd&✓ Address: p j '�G� - T 1 Signature: Date: Contract # CIP 22-638 Peach Cree 'utoff Road Reconstruction 22 1 Page Vol., 3 63 pg. / CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofi Complete Nos. 1- 4 and 6 if there are interested parties. I Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-892091 Larry Young Paving College Station, TX United States Date Filed: 05/27/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP CIP 22-638 Construction/paving 4 Name of interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Larry Young Paving, Inc. Bryan, TX United States X 5 Check only if there is NO IntePested Party. ❑ 1 6 UNSWORN DECLARATION My name is h✓ �• �� f �11/YL�i . l/ ' and my date of birth is My address is bti 11 Y,- fiAn (street) ( tty) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Rr'a�vs County, State of T on the day of 20 2✓�I, . (mont) (year) REBFCCAGRM!S Vol. Pg. / *: *= Iry Notary ID # 5660297 ignaturerhoriz I gent of cant ctin business entity Expires October 26, 2022 eclarant) Forms proviWd'by Texas Et Ics Commtsslon - www.ethics.state.V us Version V1.1.191b5cdc May 31, 2022 TO: Brazos County; LARRY YOMO PA%M3U= Project Name: RFP CIP 22-638 Peach Creek Cutoff Road Reconstruction Subject: Description of this Firm and its History Larry Young Paving (LYP) is an experienced civil works contractor providing qualified personnel and management to deliver on time, on budget performance. Since its founding in August 2005, LYP has seen exponential growth while maintaining an aggressive stance in project delivery of local city, county and state projects. Our past experience provides us with the knowledge and understanding of accepted industry practices required under defined contract terms and conditions to meet or exceed client expectations. Company History: In August 2005 Larry Young -Paving (LYP) was established specializing primarily in commercial and residential asphalt parking lots, driveways, repairs and general site work focused on the private sector. As the workload increased the company began pursuing local municipal, county and state opportunities matching internal resource requirements in both manpower and equipment requirements. At present LYP is under contract with the City of Bryan, City of College Station, City of Conroe, City of Brenham, Brazos County, Montgomery Count, TXDOT- Bryan Area Office, TXDOT-Bastrop Area Office, and local developers under various scope and budgets. Current project workload includes the construction of multi -span bridges, slip form paving, asphalt paving, earthworks and underground utilities. Experience and Qualifications LYP is experienced in all phases of local and regional civil works project delivery requirements. Currently the company employs over 140 skilled and unskilled personnel to include equipment operators, concrete, asphalt and underground utility crews. Added to workforce, LYP equipment count exceeds 130 pieces to include late model excavators, loaders, motor graders, dozers, ridged and flexible pavers, mini excavators, skid steers and material hauling trucks. LARRY YOUNG PAVING, INC. COLLEGEsm 4-rx77845 Project Management is key to the success of LYP. Our combined years' experience of OF CF-97s-s23-Uas management staff exceeds 150 providing a comprehensive approach to all aspects of Civil FAX: 979-823-aria Works project delivery. E Pg. ��i6 LARRY YOUNG PAVING HISTORY/QUALIFICATIONS Larry Young Paving (LYP) is ready and able to provide the City of Bryan with experienced, qualified personnel and management practices to deliver on time, on budget performance. Since its founding in August 2005, LYP has seen exponential growth while maintaining an aggressive stance in project delivery of local city, county and state projects. Our past experience provides us with the knowledge and understanding of accepted industry practices required under defined contract terms and conditions to meet or exceed client expectations. Company History In August 2005 Larry Young Paving (LYP) was established specializing primarily in commercial and residential asphalt parking lots, driveways, repairs and general site work focused on the private sector.. As the workload increased the company began pursuing local municipal, county and state opportunities matching internal resource requirements in both manpower and equipment requirements. At present LYP is under contract with the City of Bryan, City of College Station, TXDOT and numerous local development companies totaling more than sixty projects of various scope and budget. Current project workload includes the construction of multi -span bridges, slip form paving, asphalt paving, earthworks and underground utilities. Experience and Qualifications LYP is experienced in all phases of local and regional civil works project delivery requirements. Currently the company employs over. 200 skilled and unskilled personnel to include equipment operators, concrete, asphalt and • underground utility crews. Added to workforce, LYP equipment count exceeds 130 pieces to include late model excavators, loaders, motor jam'' 04 graders, dozers, ridged and flexible pavers, and trucks. Project Management is key to the success of LYP. Our combined years' experience of management staff exceeds 150 providing a comprehensive approach to all aspects of Civil Works project delivery. Vol 3 &3 Pg. / 0 LYP has the ability to effectively manage multiple projects. At present the company is engaged in sixty one contracts ranging in size and scope from municipal sidewalk replacement/rehabilitation with the City of Bryan, Texas to major capital road and bridge projects. Capabilities include, but are not restricted to underground utility work (storm, sewer and water), high volume earthworks, concrete and asphalt paving, concrete structures and bridges and architectural sidewalk/multi use pathways. Projects are managed in the field by competent Site Supervisors and Foremen under the guidance of Project Managers experienced in private development, municipal, state, and federal government contracts. Larry Young Paving, Inc. is a corporation, registered in the State of Texas. Larry Young Paving has been in continuous business since 2005 with offices located at 1852 Silver Hill Road, Bryan Texas 77805. 3 List other fully staffed offices or fully staffed branch offices of your organization: Name /Location Branch Manager Telephone Number N/A LarryYoung Paving maintains one office located at the afore mentioned address. The office phone number is 979-823-4888. 3 L3 Val. Pg. /fig Contract Value: $7,391,080.06 Change Order #1 $174,580.00 Change Order #2 $27,138.00 Change Order #3 -$25,000.00 INVOLVED (1) FIRM NAME (2) FIRM LOCATIPN (09—d Sim) (3) ROLE I a' Larry Young Paving Bryan, TX General Contractor (1) FIRM NAME (2) FIRM LOCATION (Q,,,-d'Swr<) (3) ROLE b. LJA Engineering Spring, TX Engineer (1) FIRM NAME (2) FIRM LOCATION (Q f..dS..e) (3) ROLE c. Reyes Construction Cleveland, TX Subcontractor — Rebar (1) FIRM NAME (2) FIRM LOCATION (Qtf-JS-,) (3) ROLE `. Willow City Sign & Rail Magnolia, TX Subcontractor — Guard Rail Removal and Installation (1) FIRM NAME (2) FIRM LOCATION (C yowJSmte) (3) ROLE e. Randy Roan Construction Montgomery, TX Subcontractor — Clearing and Grubbing ` oQ . 3�3 'pg. i�9 Contract Value: $3,935,724.00 PROJECT (1) FUMI NAME (2) FIRM LOCATION (Cur-3srae) (3) ROLE a' Larry Young Paving Bryan, TX 4 General Contractor (1) FIRM NAME (2) FIRM LOCATION (CRjand.S a,) (3) ROLE b. Kimley Horne College Station, TX Architect / Engineer (1) FIRM NAME- (2) FIRM LOCATION (CnrevdSt.,) (3) ROLE Kimley Horne Houston, TX Architect / Engineer va. 363 Pg. /sue Contract Value: $12,313,111.90 Change Order #1— Dirt Quantity in Design vs Actual $139, 854.40 Change Order #2 — Upsizing Water Line including Bore $134,836.80 FRO.NISECHONN C INVOLVED (1) FIRM NAME (2) FIRM LOCATION (CttyaadState) (3) ROLE a' Larry Young Paving Bryan,,TX General Contractor (1) FIRM NAME (2) FIRM LOCATION(CtryandState) (3) ROLE , b. Halff Conroe, TX Engineer (1) FIRM NAME (2) FIRM LOCATION (Cpyand&me) (3) ROLE Bortunco Houston, TX Subcontractor — Boring (1) FIRM NAME (2) FIRM LOCATION (Ci fandStam) (3) ROLE d' Lindsey Construction Spring, TX Subcontractor —Earthworks (1) FIRM NAME (2) FIRM LOCATION (GTandSmte) (3) ROLE C. Randy Roan Construction Montgomery, TX Subcontractor — Clearing and Grubbing (I) FIRMNAME (2) FIRM LOCATION (Clyaad$,—) (3) ROLE c Tom Mac Houston, TX I Subcontractor —.Pile Driving VaE1. 30 Pg' — Contract Value: $9,437,032.49 Change Order #1— Relocating Waterline Under Storm Crossing $44,090.59 Change Order #2 — Adding Additional Drainage $ 3, 252.00 Change Order #3 —Adjusting Field Quantities to Zero Out Contract Balance -$51,620.12 • . • (1) FIRM NAME (2) FIRM LOCATION (Cu)-.dStato) (3) ROLE a. Larry Young Paving Bryan, TX General Contractor (1) FIRM NAME (2) FIRM LOCATION (Ci JandSmrc) (3) ROLE b. Bin1dey & Barfield Houston, TX Architect / Engineer (1) FIRM NAME (2) FIRM LOCATION (Ckr-dSmm) (3) ROLE C. Fuqua Construction Navasota, TX Subcontractor — Storm Sewer (1) FIRM NAME (2) FIRM LOCATION (pirondSmte) (3) ROLE d. Third Coast Electrical Magnolia, TX Subcontractor — Electrical Val.. 30 — pg. /S� Contract Value: $3,291,179.08 (1) FIRMNAME (2) FIRMLOCAITON(CuyaodAa,) (3) ROLE a. Larry Young Paving ( Bryan, TX. General Contractor (1) FIRM NAME (2) FIRM LOCATION (dtyaadSmm) (3) ROLE b. Binkley & Barfield College Station, TX Engineer (1) FIRM NAME (2) FIRM LOCATION (Cqr-dSAme) (3) ROLE C. Bayer Construction Bryan, TX Subcontractor — Electrical (1) FIRM NAME (2) FIRM LOCATION (CmyaadSim,) (3) ROLE a' Elliott Construction Bryan, TX Subcontractor — Underground Utilities Vol.. 313. Pg. /-0 Contract Value: $2,639,117.00 (1) FIRM NAME (2) FIRMLOCATION (60,WState) (3) ROLE a. Larry Young Paving Bryan, TX General Contractor (1) FIRM NAME (2) FIRM LOCATION (cityoadsmm) (3) ROLE b. Binkley & Barfield College Station, TX Engineer (1) FIRM NAME (2) FIRM LOCA110N (c+ry•andSium) (3) ROLE c. Elliott Construction Bryan, TX Subcontractor — Underground Utilities. vol. 3 /P3 pg. �S 7. EXPERIENCE Larry Young Paving, Inc. 2007-Present General Manager Five -plus years of experience as a project manager of projects from USAGE to municipalities and public work for TAMU. Management of approx. $ 80 million in contracts annually. Well versed in varying specifications for asphalt design, concrete design and the installation of storm utilities. Licensed (Company Representative) in Texas, Louisiana as Highway Contractor and Mississippi as General Asphalt pavement contractor. Project scheduler with experience in all aspects of project material procurement and subcontractor methodology and timelines. Experience in both general building construction as well as civil construction. Financial management for varying sized projects as well as VE for customers who require. GTEC, PA. 2004-2007 Administrator Administrator in the Health care industry for 16 physicians and 30 mid -level providers. Managed build outs for medical offices and lease tenants. Developed compensation for physicians based on ER care practices, bill-ables, payer mix, etc. Management of all cash flows for the company and tax planning. T) .nTLE AND LOCATION (Ci1 and smm) (2) YEAR COMPLETED Lorigmire Road Widening -- —__ __ __.�—_. _ 2020 Conroe, Texas {' Owner Information: Work Performed Under: City of Conroe P O Box 3066 Larry Young Paving Conroe, TX 77305 Description: Three mile road widening and rehabilitation project including reinforced concrete paving, sidewalks, storm, sanitary sewer, water, and lighting. Role: General Manager Conroe Park North Extension and .Farrell Road:Widening Conroe, Texas 2021 ' Owner Information: Work Performed Under: City of Conroe Larry Young Paving P O Box 3066 Conroe, TX 77305 Description: This is phase II of this project, an extension of Conroe Park and widening of Farrell Road. The project includes reinforced concrete paving, storm, sanitary sewer, water, and a bridge. Role: General Manager 1) TfME AND LOCATION (CkyandS—) City of Bryan — WoodvilIe Road (2) YEAR COMPLETED 2021 Bryan, Texas Owner Information: Work Performed Under: City of Bryan Larry Young Paving PO Box 1000 Bryan, TX 77802 Description: Rehabilitation of Woodville Road including reinforced concrete paving, sid alks,.Atorm,.,snitary sewer, and water. Role: General Manager Lvoi- _ 363 pg. /S3 Bd Z86I - 086I zuapualuuadns Mfodd suazlda;s-sa;reD •a$mdrD $unl m l uomnag pue `otmId s;uauin ilsuI sExa1 'suoREnouag jana7 sanAo7 xajduioz) jMtpaw lorad;o$nw °uI asUq j segeCf 3o sMIdsoH uLj za;.(gn.T j papnpui s:pafo rd sadrgond;s a;adouoo aopld ui ;spo lSdo;s-glnuz jo sasmgd uogongsuoo $uunp ssaoodd le;;iuzgns tuoij wajlo/sdo and;uoogns pa;Buzpioo:) L86I- S86I oam3w a pagog s pd;uoo ain;an t;sB rJut;ualummo$ S;unoo pup jpdniunuz °;uauzdojanap a;mnud papnjaui wafo rd •suza;sSs a$eure rp pup 'uoApllp;scn XiIjpn puno.r$.rapun $u!p a r$ a;is °$u!AEd a;amm) paa zojupi o; pa;ejaa pjag QTp ut saRu.goB Sep o; Xr-p ro3 ajgrsuodn)l daRMIN Pafodd/zuapuasuuadnS IDdau3D Z66I-L861 ao;oea;uoD jeaauaO •aul rajtW ua•L •aoumua;uieuz pue ;uaura.maold;uauzdmba l$uqun000u °jlodSed $ujpnjoui sal op plaU pue wTo jo suogpdado pum;uaum&xmur Sep-o;-Sep papuloui sagjjjgjsuodn-d •ssamsnq pa;mjad adrgjnojd$p paumto Sjiuup33o muj and/nord3O $ugpdadO rau nd/davQ'0 Bur mdo -WOZ-Z66I ajesajoqm;aa z;S utew •;uomage ag; $uojp sanssi a&Hu jmooj o; paimjad uogp$gjuz;oiljuoo do3 sismq iClajaan�-rq uo srapja jpgTr; leooj g;i.K s$ugaaur uogeujpd000 pagsljgp;sg �uaura$pupur;a$pnq ;oafodd °sdapdo uoRetren;ops;u000 $uissaoodd °;uaijo o; $ugdodad Sjg;uoui-iq�o uogplpdaid aazonut ropquoa jje�o uor�poi, • sao arp pue ;uauzSed do3 s-lion% acp jo;uauzadnspauz $uploago °jo guoo S;jlenb $uunsse °sa;ndsip;omd;uoa jo uo14 uzdm;ap arp °s;uauzamnbad ;op.quoa adagpm o; do;oud;uoa arp $ugon_gsuj 14013.4u03 paspq-pIQId arp jo uoRe;add.ra;ui arp do•I ajgjsuodsag -nouns pup spoof do3 szopd;uoo pup sdapdo asmgodnd lip $uquauzaldun pup $ujdmdadd $ujpnjout up;siumg$� ui $ugedado dnodO da$dag smo-I arp 3o s;jun ssaujsnq deg;o jje doj;doddns •uzmd$odd "IV arp dapun asmp Img; darpo up;siusg$Jd ur sped;uoD Ije mj sjpsododd uoppdedadd •sanpppiuc papun3 douoCI dag}o pue- suogedad0 Soua$ugaoD spasdanO ,fde;ilM ndrp ue;sjupg$jV ui sapjurgdoddo oi$a;pd;s jo ;uauzdojanaQ nYvuvM fnuno3 /ramygud £IOZ-+OOZ dnozO.ra2.rag stnol aq,L •salnpays jauuos and pup sn-i2odd $uLzmpdn pup $uuAainad '$uialaar{a 'sajgedaejjap $ujpjnodd `uogp;uauznaop $uj;doddns pum saoionui $unjaago pup Duihlarnad $uipnlour 's;omdluoa uorsiedadns uogonrjsuoo pup uopond;suoo jo ;uauza$mumuz Smp o; Szp ag; uj MIOM orlgnd 3o Sd;siujy�I ue;sn mg$jvag; 3o sda$euew 40afodd do;uaW •saaindaS purr spooO pa;mlad jo wauzaanoodd ag; pue s;amd;uoa paseq D1Q13 jo Idomoum g aT unpins s;oed;uoo uog3n.gsuo3 szjdoAA, IIAID 30 ;uauza&ueur puu uoge;uauzajdun luogmdmdadd ag; ui ;uauzudano$ alp;sisse o; sauilapin$ $ujdojanap aoUjO;uauza$mueWjoafodd s31doM ojjgnd•jo Sd;siujln`i arp o;;ue;sissy porugPay;dodsued•I• iumInsuoD LIOZ-£IOZ qt mg;uauzdoymaa umisV dasojduzg/daauj$ug ag; g;jnn uoRpuipdoo0 uoi;p;uaurajduij Oa pup aouEjjduroo jpn pguoo doh algjsuodsag daBvuvN xdaCoid / sxrortuOD ;uasadd-LIOZ -auI'Suteed $unoX Szrel 30N31IMdX3'L Responsible for timely completion of light frame commercial and structural steel vertical construction projects. Projects included Dowell Oilfield Services- Luling Facility, Accurate Wireline-South Texas, US Steel Phase II Expansion and Bell -Textron Plant Expansion -Ft. Worth. R.B.Butler, Inc. 1977-1980 Project Foreman Structural steel/light frame vertical commercial projects, oilfield related Civil Works, and cast in place concrete structures throughout Texas. 1) `TMPA(VDL0CAT70N$?jyandstrc) con.rdc Park North Extension.a�nd, Farrell oad Widening ' 2021 't': �' .cur. r • a',. . Coriioe; Te7cas • ' Owner Information: Work Performed Under: City of Conroe Larry Young Paving P O Box 3066 Conroe, TX 77305 Description: This is phase 11 of this project, an extension of Conroe Park and widening of Farrell Road. The project includes reinforced concrete paving, storm, sanitary sewer, water, and a bridge. Role: Project Manager I) TrfLE AND LOCH ION (G cad Simi) r Q) YEAR COMPLETED' Tatl7QTFM1774' ;f a+' .,,•, .....�..:,7 Ongoing Grimes Coun Owner Information: Work Performed Under: TxDOT Larry Young Paving 125EI11''St Austin, TX 78704 Tlrcrrintinn! Rehabilitation of FM 1774 including asphalt ravine and storm drain. Role: Project Manager 1) TrrW AND.LOCATION t.) (c4'-dSLa(2) YEAR COMi?CGTED Palasgta'Drive `�' Ongo g B afi,. Texas Owner Information: Work Performed Under: City of Bryan Larry Young Paving PO Box 1000 Bryan, TX 77802 T)esrrintinna Rehabilitation and widening of Palasota Drive. includinlr reinforced concrete pavinla, storm, sanitary sewer, and water. Role: Project Manager 7. EXPERMNCE Larry Young Paving, Inc. 2019-Present Contracts Manager Responsible for all aspects of the contract process, including proposals, document control, receivables and contract audits. Team Ford of Navasota, 2017-2019 HR Administrator Responsible for both semi-monthly and weekly payroll. Timesheets and PTO requests. Performed all new hire onboarding as well as terminations. Other responsibilities include billing all car deals, rebates and sales team reports. Performed various administrative duties such as interdepartmental emails, multi-Iine phone system and bank deposits. CoIIege Station Modern Dentistry 2016-2017 Benefits Coordinator Acted as a liaison between the patient, healthcare provider and the insurance company. Responsible for explaining insurance benefits to the patient while helping with coordinating financial options. Other responsibilities included appointment scheduling, insurance requests for information and various administrative duties. Pickups Plus 1999-2015 Office Manager Responsibilities included accounts payable and receivable, payroll, repair orders, parts inventory/ordering, sales and payroll taxes, customer relations, human resources, and various administrative tasks as needed. I) TTII E AND LOCATION (CBy .d.' m) — (2) YEAR COMPLETED Longmire Road Widening _ 2020 Conroe, Texas Owner Information• Work Performed Linder: City of Conroe Larry Young Paving P O Box 3066 Conroe, TX 77305 Description: Three mile road widening and rehabilitation project including reinforced concrete paving, sidewalks, storm, sanitary sewer, water, and lighting. Role: Contracts Manager 1) TTTLE ANDLOCA'110N tcgra.dS.-) City of Bryan — Palasota Drive (2) YEAR COMPLETED In Progress - Bryan, Texas Owner Information: Work Performed Linder: City of Bryan Larry Young Paving PO Box 1000 Bryan, TX 77802 Description: Rehabilitation of Palasota Drive including reinforced concrete paving, sidewalks, storm, sanitary sewer, and water. Role: Contracts Manager 1) THE AND LOCATION (Cary _J5:.) City of Bryan— Woodville Road - (2) YEAR COMPLETED �f — �' .2024. , Bryan, Texas Owner Information: Work Performed Under: City of Bryan Larry Young Paving PO Box 1000 Bryan, TX 77802 Description: Rehabilitation of Woodville Road including reinforced concrete paving, sidewalks, storm, sanitary sewer, and water. Role: Contracts Manager ' ;OST CODE, TRUCKS FT 001 FT 003 WT 001 WT 002 WT 003 WT 004 WT 005 Equipment Name 2013 International Fuel Truck Purchase Date 1118119 VIN # I ID /Serial # 1HTMMAANODHI56264 License Plate LRT1093 2014 Peterbuilt Fuel Truck 2/10/22 2NP2HJ7X7EM225397 BYD4863 2002 International Water Truck 6/4/10 1 HSHBAAN12H411741 AM48390 -Equip!H4710-1-2022 7/24115 1 HTMMAAN77H392771 GBP5593 2012. International Water Truck(Diesel) 9.7.18 1 HTMMAANI CH587596 LGL2156 2011 International Water Truck(diesel) 6.3.19 1 HTMMAANl BH388479 MBD5763 2002 International Water Truck 4300 8/21/19 1 HTMMAAN42H517122 MSZ5019 : WT . 006 20I�2 FreightlinetrWater Truck 2000:gallon 9/22(21_FUACXD iiOCDBD9005 ` , PYC452 OUT - W ` .008 . ';,1°992A 1986 Ames Geh�M927 tNafer Truck erGen M927: Wafer Truck 2/24/22 2/2/22 N.LONJ7 C527,�'00948 51i6i7 �. �N;OTAG�w �....� PU 001 2003 Ford F-150 (Gas) 1/27/2016 IFTRF1793NB12418 GXF 6492 PU 002 2004 Dodge Ram 3500 Quad Cab Duley 3/23/2013 3D7MA48C94G246704 BYL7489 PU 003 2005 Chevy Flatbed-Welding/Sere. Trk(Gas)White 4/1113 1GBJC39U25E301791 BVM9037 PU 004 PU. 006 2006 Dodge (Red) 0..0/14 3Q7ML48C86G235481 DVTO548 2006 Ford Box Truck 3/13/15 1FDXE45S36DA63253 FVT4944 PU 007 PU 008 PU 009 2008 Sterling Bullet Flat Bed(Diesel) 419109 3F6WJ78A78G350200 HFT4306 2011 Dodge Ram 3500 (Diesel) 3/3111 3D73Y4CL3BG549327 BA24390 2012 Dodge Ram 3500(Disel) 6/8/12 3C63DRGL000103593 BX57253 PU 010 2012 Ford Pickup 3500 8/6112 1 FT8WHUCEA24995 BX93944 PU 011 PU 012 2012 Dodge Ram 3500(Diesel) 6/8/12 3C63DRGL7CG103591 BX57254 2013 Toyota Tundra (Gas) 10/6/15 5TFRM5FIXDX065959 GNH8726 PU 013 PU 014 PU 015 PU 016 PU 017 PU 018 PU 019 2013 Ford LariatF250(Diesel) 10/2/13 IFT7W2BT8DEB23070 CPG4953 2014 Dodge Ram 2500 (Diesel) 4/28/15 3C6UR5HL6EG323059 FMS5370 2015 Ford F250 Crew Cab (Diesel) 10/30/14 1FT7W2BT8FEB59957 2015 Ford F250 Crew Cab (White)(Diesel) 7/20/15 1FT7W2BT2FED40116 GCD3021 2016 Ford F350 Crew (diesel) 7/11.2016 1FT8W3DT7GEB50840 HNY4142 2016 Ford F350 Crew(Diesel) 7111.2016 1 FT8W3CT3GEC50578 HNY4143 2016 Ford F350 Crew(Diesel) 8/25/16 1 FT8W3DT8GEB68246' HVW5676 MT 001 2007 F450 Mechanic Truck 12/23/16 1 FDXX46P27EB32191 JDM0324 MT 002 2018 Ford F-550 Mechanic Truck(Diesel) 6.12.18 1 FDOX5HT3JEB99214 KWN4471 MT 003 2007 Peterbilt Mechanic Truck 2110/22 2NPLHD7XI7M733566 AS3810 PU 020 2017 Ford F350 Flat Bed(Gas) 3117117 1 FD8W8GT8HEC85057 JMW3407 U 021 U 022 U 023 U 024 025 U 026 2013 Ford F'. j 0 Sber Hifl 5/1i117 .'1;FTEW1CMXDKE.1.6799 JKL0690 2017 Ford F-350 (Diesel) 7/19/17 1 FT8W3BT3HEEO2068 JWK 5439 2017 Toyota Tundra 4A Crew(Gas) 9/8/17 5TFDW5FI I HX617536 KCD7607 2017 Ford F350 Flat Bed(Diesel) 2122/18 1FD8W3GT4HEF35877 PDH8073 2005 International 4300 Crash Truck(diesel) 1.29.2018 1 HTMMAAM85H686149 AM24436 2018 Chevy Silverado 1500 Truck (Gas) 4.5.18 3GCUKRECOJGI91516 KSK2542 U 027 1U U 028 U 029 U 030 U 031 2018 Ford F150 Crew 4 (gas) 4.14.18 1 FTEW1 EP8JKD17417 KTH0625 2018 Dodge RAM 2500 (Diesel) 10.17.18 3C6UR5HL9JG308033 LLJ1187 2019 Ford F250( Diesel) 3.5.19 1 FT7W2BT4KED25790 LXN6765 2005 Chevy S!lverado Z71(Gas) 3.7.19 2GEK13T25181836 LSG1149 2005 Chevy S!lverado (Gas) 3.7.19 2GCEC13T451290795 LSG1148 PU 032 2012 Ford F350 (White)(Diesel) 4.10.19 1 FT8W3B62CEB90072 LTY1973 PU_ 033 _ AT 034 2019 Ford Van (15 passenger)(Gas) 5.24.19 1FBAX2CM4KKA82062 MDW8169 2016 Chevy Silverado 2500(Gas) 5.28.19 1 GC2CUEG7GZ107405 MBD4398 PU 035 2013 Ford Van (15 passenger)(Gas) 6.12.19 1 FBSS3BL7DDBO8002 MBD5681 PU 036 PU 037 PU 038 PU 039 PU 040 PU 041 PU 042 PU 043 PU 044 PU 045 PU 046 PU 047 2011 Ford Van E-340(Gas) 8127/19 1 FBNE3BL2BDA52990 MHH2825 2019 Chevy Silverado (Diesel) 1117/19 1 GCl KSEYXKF269048 MSZ6651 2020 Ford F250 1/10120 1 FT7W2BT7LEC19058 MVW7301 2018 Chevy Van Express -LT 2/19120 GAZPFG6J1286859 MDZ3837 2018 Ford F350 2/24/20 1FD8W3HTOJEB18437 NKC3963 2015 Ford F250 Crew Cab 44 Pickup (Gas) 4/21/20 1 FT7W2B67FEC57453 PDH8072 2019 Chevrolet Express 3500 (Gas) 5/29/20 1 GAZGPFGl K1254810 NKC3804 2020 Ford F250 (Diesel) 6/11120 1FT7W2BT3LEC19719 NJL5102 2020 Ford F250 6/2/20 1 FT7W2B69LEC24577 NJL5050 2020 Ford F250 6/2120 1 FT7W2B60LEC24578 NJL5049 2020 Ford F250 6/30/20 1 FTZW2B61 LEC87074 NJL5147 2020 Ford F250 (Diesel) 8/26/20 1 FD8W3HT6LED71331 NTV1300 ' r PU� _ 048 2016 Chevy Flatbed 8/27/20 1 GB3CYC81 GF165331 PU 0.49 202� :Chevy Silverado 9/:1:714- . 1'GCRWCED4LZ326:189 N�TC,165Q' !PU 0501 2021 AM IP250 12/22/20 1.77WEUMEC26488 -PU 051 2016 Dodge Ram 2500 1/29/21 3C6TR5HT4GG297494 PBH1896 PU. Q52.. :PU U53 2017 Chevy .Crew Cab _ - ... _.. 3/3/21 3000KNEC4HG391737- -RC95 77 2021!'Ford E3.50 3f4/21 1 FD8W3HT1`MEC28319 -PCN4421: PU 054 PU 055 PU 056 PU 057 PU 058 PU 059 PU 060 PU 061 PU 062 PU 063 i PU 064 PU 065 PU 066 PU 067 TRAILERS TR 001 2007 Dodge 3500 Diesel Cab and Chassis 4/15/21 3D6WH48A37G843052 PRY0715 2008 Ford F250 4/26/21 1 FTSW21568EE26805 PGZ6022 2014 Ford E350 Econoline Passenger Bus 5/18/21 1FDEE3FLOEDA67302 U39-192 2014 Ford E350 Econoline Passenger Bus 5118/21 1FDEE3FLOEDA67297 U39-191 2014 Ford F250 Crew Cab Pickup 7/20/21 1 FT7W2A68EEA66186 RCK5685 2013 GMC 250OHD Crew Cab 4x4 Pickup 7/20/21 1 GT12ZCGODF172592 PVH0324 2013 GMC 250OHD Crew Cab 4x4 Pickup 7/20/21 1 GT12ZCGODF225792 PVH0323 2014 Ford PK 12/6/21 1 FTX2BTOEEB24762 2019 Ford F250-white 2/10/22 1 FT7W2BT7KEG71509 NJM2344 2019 Ford F150 White 2/10/22 1FTFW1E51KKF26860 NJM2345 2019 Ford F250 white 2/24/22 1 FT7X2BT3KEG72508 NJM2403 2019 Ford F150 4 wheel drive 2/10/22 1FTFWIE52KKF32005 NJM2338 2019 Ford F350 Ford white 2/22122 1 FT8W3BT8KEG54339 NJM2354 2019 Ford F250 ford white 2004 Landoll 435A Sliding Axle Trailer 48' wlhydraul 411/22 6/13/12 1 FT7X2BT1 KEG72507 1 LH435UH441013578 NJM2400 132B158 TR 002 TR 003 2005 Leeboy Tackpot Machine 6/20/08 250T50044781 317012H 2006 Seal Coat Machine 11/19/05 1 E9FP19276M317002 975857J TR 004 2007 Red Box Trailer 16' long 4/18/07 5NHUTB42X7YO56049 547592H SB 001 TR 005 TP 001 2007 Wap-CE-Arrow Borad 416/13 12076168 538M18 2011 Texas Bragg (Bodystyle LIT)14' long 4/1/11 17XFP162XB1010258 755558J 2011 Mauldin Tack Pot 6/30/11 4C9PT3019BG229548 M076193 TR 006 2012 Brute Trailer (Cream Puff) gooseneck GNHD2 4/7/11 1 B9GF4421 CB663173 153B775 TR 007 2013 White Utility Trailer 8' x 18', white cargo lazer ti 7/29/13 5NHUBLT29DY066254 302066H O TR 008 2013 Texas Bragg 18' flatbed 12/18/12 17XFP18271D1031570 855318K TR 009 TR 010 TR 011 TR 012 TR 013 2014 Texas Brag Trailer W/ portable pressure wash 6/4/14 17XFP1223EI041104 626008H 2015 Continental Cargo Trailer 8' x 16' 9/19114 5NHUVH627FY022143 776231 H 2015 B1ackTX Bragg 14' Utility Trailer Pressure was 5/21/15 17XFP1421 F1051564 855321 K 2016 20' EHW Cargo Trailer 9/25115 5NHUVHV24GY024421 219028J Ranco Anvil ED Tractor trailers. (02) Silver -Hill 8/21115 1 WSD342XER661'674 142C410 TR 014 Ranco Anvil ED Tractor trailers (04) Silver Hill 8121/15 1 D98D3423ER661676 142C411 TR 015 TR 016 TR 017 -Ranco Anvil ED Tractortrailers (05) Silver Hill 8/21/15 1D9SD3428ER661673 048C348 Ranco Anvil ED Tractor trailers (01) Silver, Hill' 8121/15 1 D9SD3421 ER661661 172E-3.17 Ranco Anvil ED Tractor trailers (03) Silver Hill', 8/21/15 1 D9SD3420ER661702 1.53B752 LGT 001 LGT 002 LGT 003 LGT 004 TR 018 TR 019 TR 020 TR 021 TR 022 2014 Light Tower 9/18/15 37274 M049599 2014 Light Tower 9/18/15 37276 M049598 2011 Light tower Wacker 2/28/22 20021230 2011 Light tower Wacker 2/28122 20026387 2016 ETNYRE Gooseneck Trailer 55 Ton 3130/16 1 E9320589GE111245 048C397 2018 White Cargo Trailer 2/9/17 5NHUEHT20JY075828 740 256J 2017 Tx Bragg 20' Trailer 10.2.17 17XFP202OH1078253 914316K 2018 White Cargo Trailer 20'x8.5 10.7.17 5NHUEHV24JY077711 937214J 2018 Texas Baragg - 20' Trailer 7.9.18 17XFP2023JI083971 162854K TR 023 TR 024 TR 025 TR 026 TR 027 TR 028 TR 029 TR 030 TR 031 TR 032 TR 033 TR 034 TR 035 TR 036 2018WANMMessageBoard 1.1.1:8 5F12S1611:Jf000382 M057124: 2018 WANCO Message Board 1.1.18 5F12S1613J1000383 M001°-23 2018 WANCO Message Board 1.1.18 5F12S16151%00384 `MWI:226 2018 Solar Arrow Board 12.20.17 5F11S1014J1000381 203859K 2018 Wacker Light Tower 7.12.18 WNCLTV02EPUM05284 162907K 2018 Wacker Light Tower 7.12.18 WNCLTV02APUM05281 162906K 2018 Solar Arrow Board 12.20.17 5F11S1016J1000379 203860K 2018 WANCO Arrow Board 1.12.18 5FI lSIO1251000380 M076154 2019 Cargo Mate Trailer 1/4/19 5NHUEHV28KY081522 286117K 2018 Water Trailer 4.12.19 5SLBMI228JL022923 317541 K 2019 WANCO message board 8.6.19 5F12S1617K1004504 572717K 2019 WANCO message board 8.6.19 5F12S1619K1004505 572716K 2019 83x18 Pipe Top Trailer 9.25.19 VNBU1822KT209146 529006K 2018 Multiquipt Water Trailer 9117/19 5SLBM122XJL022924 556412K 037 2018 Lone Star 16Ft Utility Trailer 2/19/20 5VYBU162XJH009185 000235K TR 038 TR 039 TR 040 TR 041 TR 042 R 043 R 044 TR 045 TR 046 TR 047 2020 Travis End Dump 2/26/20 48X2F2640L1014234 f56C078 2020 Travis end DumpTrailer 3/4/20 48X2F2642L1014235 153B824 2018 Pipe Top Utility Drailer 7K (83X18-Black) 8/9/19 5VNBU1829JT197303 855317K 2021 Continental Cargo Trailer (7X16) 8124/20 5NHULV622MY039210 792352K 2021 Utility Trailer (J&C Trailer) 10/23/20 lJ9J8AL24MW490238 862801K 2019 Trailking Open Deck Lowboy with Flip Axle 12/3/20 1TKHO5332KMO29526 156C154 2019 Trailking Open Deck Lowboy with Flip -Axle 12/3/20 ITKR0051OKMO29527 2021 Utility Trailer- Davidson 4/23/21 7M3BU2023MNDT2458 972410K 2022 Cargo Mate Trailer -TX 16' (enclosed) 6/18121 5NHUNN728MY088292 117039M 2014 Travis 2.8 ft. QuadA Frame End dump�lirailer 8127/21 48XAP2846ET008866: Temp TR 048 -20114 Travis 28 ft. Quad A Frame' End dump. Trailer 8/27/2.1 48XAP2847E1i068861 ; Temp .. TR 049 , TR 050 TR 051 261,9 PUMxi 42,Ft.T/A Oottom..Dutnp Trailer 8/27./21 3S9PHJP2WN09231.4 2021 Goosneck Tilt Td-Axle Model 25 trailer 9/21/21 1Z9U6S034MD058323 D-6436 2015 Utility Trailer- Man made 11/9/21 NO ID NUMBER TR 052 12021 Sealcoat SR700XP Tr 10/29/21 M60662170 193081 M TR 053 Survey Trailer loaded with equipment 2/14/2022 1 UK500E2XC1075413 08035N TR 054 Vermac Message Board with trailer 2/10/2022 1V9US4120KH223095 TR 055 Vermac Message Board with trailer 2/10/2022 1V9US4127KH223093 TR 056 Vermac Message Board with trailer 2/10/2022 1V9US4129KH223094 TR 057 Vermac Message Board with trailer 2/10/2022 1V9US4122KH223096 TR 058 2011 Trail King MDL 57 2/28/2022 1TKJO5331BM043340 TR 059 2022 Armorlite Belly Dump 3/10122 56EA53K28NA000641 193B141 TR 060 2022 Armorlite Belly Dump 3/10/22 56EA53K21 NA000643 TR 061 2020 Big Tex Trailer black 2/28/22 16V1 W2426M2015496 LT 001 2010 Lube Truck##1 3110116 1HTMMANGAH268090 GZG6755 LT 002 2020 Kenworth Lube Truck T270(Diesel) 6/23/20 2NKHHM6H1 LM424213 NKC5494 imp Trucks DT 001 1995 International Dump Truck 1/18/06 1HTSDAAN8SH227439 BLC3340 DT 002 1999 Peterbuilt (Yellow Bird) (Combo Plates) Silver 1 6116t12 1XP5DB9XXXD477848 1L10557 DT 003 2000 International Dump Truck 92001 (LYP02) 4/17/07 1HSCBAHR3YJ062909 DDT4879 DT 004 2005 International Dump Truck 94001 (LYP03), 1115108 3HSCNAPRX5N030492 BR73457 DT 005 2007 Peter Built Dump Truck 330 (RED)(LYP04) 10/2113 1NPFLTEX57N660680 DXN1259 DT 006 2007 International 9200 Haul Truck (Cream Puff) 6/26/14 2HSCDAHN67C513187 11-10710 DT 007 2007 International 9200 Dump Truck (LYP05) 9/1115 1HTXRSCT17J452438 GLF0960 DT 008 2014 Peterbuilt 365 Dump Truck (LYP07) 4/10/14 1 NPSXPEXOED236496 NTC2764 DT 009 2015 Peterbuilt Dump Truck (365 series) (LYP06) 9/24/14 1 NPSXPEXOFD242607 DXM8788 DT 010 2020 Peterbuilt Dump Truck (567) 915119 NPCX7EXXLD640262 MMX3679 DT 012 2017 260E Articulated JD Dump Truck (Diesel) 11/18/19 1DW260ETCGF678204 DT 011 2016 Petrbilt Tractor Truck 389 (Silver Hill) 2/28/20 1NPXGGGG60D421521 1 M8 1508 DT 013 2007 International 4300 Flatbed Body Crash Truck([ 4/20/20 1 HTMMAAN57H392798 NKC4672 DT 014 2003 International 4300 Crash Truck 3/17121 3HTMMAAM13N583982 PLR2026 CT ADT 004 001 2007 Freightliner Crash Turck M2106 4/15/21 1 FVACXCS47HY81707 2002 Intl. Asphalt Dist. (Diesel) 8/21119 1HTSCABN921-1521725 V CST 001 2013 International Concrete Saw Truck 7.8.19 1 HTMMAAM7DH104590 CST 002 .or Trucks < HT Flt�0 ® HT }0` -2 ; 2012 Freightliner Concrete Saw Truck 911/20 1FVACWDT3CDBM4794 2015 Peterbuilt'389K Tractor Truck (SH01) Silver Hil 8120115 2NPXGGGG2OM3211.35 2015 Peterbuilt 389K Tractor Truck (SH03) Silver Hil 8/20I15 2NPXGGGG10M321143 BHT' HT ' GgE- � �`+ 4,�s3}dt.`z653 U04 2015 Peterbuilt389K Tractor Truck (SH02) Silver Hi! 8/20115 2NPXGGGG6OM321137 2015 Peterbuilt 389K Tractor Truck 919115 2NPXGGGG8OM321141 6HT 2015 Peterbuilt 389K Tractor Truck (SH04) Silver Hil 911115 2NPXGGGG6.'OM321140 l BHT 2HT ;!HT 006 007 008 2016 Peterbuilt Tractor Truck 389 11.19.17 1XPXDP9X2GD328193 2016 Peterbuilt Tractor Truck 389 (Red) 2114/20 1 NPXGGGGlOD450313 2019 PB Model 389 Tractor Truck( Silver Hill) 1/20/21 1XPXP4EX3KD612579 HT 0.09 2018 PB 367 Day Cab Truck Tractor (Silver Hill) 8127/21 1XPTD40MJD458823 JHT HT 010 011 2018 Freightliner Day Cab Tractor Truck (Silver Hill) 9t23121 3AKJGNFG2JDJ:T5242 ;2012 PR model, 388, Tractor Truck 208122 1XPWP4EX3CI462�350 Equipment MG 001 MG 002 MG 003 MG 004 1999 CAT 12 H Motorgrader 511/13 8MN00670 2014 CAT Motorgrader 65E 7/16/15 65ET9987 2019 CAT 12M3 Motorgrader (Blade) 4.10.19 N9FO1223 2013 CAT 140M2 Motorgrader 9.22.17. M9DO1358 2015 Cat 1, 2 I.3 Motorgrader `A ` 2014 Cat 12M3 Motorgrader ?Os07 2011 Cat 140M Motorgrader 3/2'1.21 CATOQ12MNVF0'Q420 + ;~1 ' 3/29/21 CAT0012MJN9F00205 B9DO2903 3/16/22 GO 09 CD 002 John Peere-�HP 459J W-13li T-045WX442447 201.3;CATDozer "` �`` `its c `� ' '' '` lay' .S„ .%Y 2/3/16 KYY00532 CD 003 CD 004 CD 005 CD 006 CD 007 CD 008 CSC 001 CSC 002 CSC 003 CSC 004 WL 001 WL 002 WL 003 WL 004 WL 005 WL 006 WL 007 WL 008 WL 010 WL 011 WL 012 WL 013 WL 014 WL 015 RL 001 2014 CAT Dozer D5K 11/7/17 KYYO1218 2012 CAT D6N LGP Dozer 2,28.19 GHS01049 2016 Cat D6K LCP Dozer 4/17/20 RST02079 = Crawler Tractor 2018 dater illar. D6N LGf' 6l1°5/21 ._CATOOD6NCSGG00267'. �i :2016tC�tepillat QN LGP Qgzer f 2123%2 ;, . OMG5005Y73' ,I, e' `� ?2 'I fP6TGPA`T'.CatiQo er: i 212:5'1.22 Of H; 00900 A 1 K ^° � 1985 CAT. 621 B Scraper 3/8/21 2DB00711 1985 CAT. 621 B Scraper 3/8121 2DBOO642 1985 CAT 621 B Scraper 3/8121 2DBOO695 1985 CAT 621B Scraper 9/15/21 2DB00394 2014 John Deere Loader 524K 10/22/15 1 DW524KZCEE659526 2011 KOMATSU WA250-6 LOADER 3.23.17 76294 Case 621B Loader 5/22/15 JEE0051096 2007 John Deere Loader Box Blade 21OLE 7/25/14 T021OLE888076 2015 John Deere 310 SL Backhoe Loader 10.19.17 1T0310SLAFF284001 2016 CAT 938M Loader 3.11.19 J3R02054 2012 Volvo wheel Loader (1-90G) 8/21/19 VCEOL90GT00003374 2016 Komatsu WA270-7 Wheel Loader 4/23/20 81298 2015 Cat 930M Wheel Loader 2/12/20 KTGO0951 2016 Komatsu WA270-7 wheel Loader (2nd.Machi 7/28/20 KMTWA122AENA27504 2014 John Deere 21OKEP Box blade loader 11/10/20 lT8210EKLEG891778 2017 Komatsu WA380-8 Wheel loader 5/7/21 loader- SN:15098 & PIN:KMTWA1 2019 JD 544K-II Wheel loader LT692466 11/10/21 1 DW544KZEJF692466 2013 Komatsu PC49OLC-10 3/16/22 A40339 2005 Pneumatic Roller (Bosco 9 wheel) 915 12/19/05 38304 RL 002 2008 Ham HD 70 Drum Roller 12/30/10 H17030765 L 003 004 �L 005 ,#L ON G1 )RL 007 RL 008 RL 009 RL 010 j RL 011 RL 012 RL 013 2011 CAT Compactor Sheep Foot Roller 11/21/14 CATOCP56VC5P00691 2012 Ham HD 120 W Vibratory Roller 6/28/13 H1840905 2012 Ham DBLE Drum Roller (Vibratory Roller) HD1 Melva-pfl 2014 CAT CS56B Smooth Drum 2015 Pneumatic Tire Roller (CW34) 712/12 513'1 5/22115 11.29.16 H2O10926 CATCS56BEL81-100715 CATOCW34PCT300163 2007 Dynapac Pad Drum Roller CC142 4/19/07 60213560 2018 HAMM Padfoot Roller H10i 2/26/18 `" H2350463 2015 CP54 Pad Drum Compactor 6/18/19 CPXOO191 2015 H11i Roller 9/6119 H2100495 1 HAMM HD80VV Roller 9/6/19 WGHOH186JHAA00611 RL 014 RL 015 RL 016 RL 017 RL 018 RL 019 RL 020 RL 021 RL 022 2013 BOMG PADFOOT COMP BMP8500 9/30119 101720121494.00 2013 BOMAG PADFOOT COMP. BMP 8500 9130119 101720121531.00 2013 BOMAG PADFOOT COMPACTOR BMP 850 9/30/19 101720121035.00 2014 HAMM 3307P ROLLER 5/28/20 1 H1891153 2011 Caterpillar CS56 Vibratoryl Roller 4/21/20 CATOCS56PC5SO1547 2016 Cat CW34 Pneumatic Compactor 4/16/20 AL300153 2016 Cat CW34 Pneumatic Compactor 4/15120 AL300146 2019 Cat Asphalt Roller (Vibratory Compactor) CB8 10/14/20 OJL400132 2021 HAMM Roller HD140W 3/3/21 H2740046 R U2 U R. 026 RL U• AP 0.01 D 4v oub e r R. 0 f� .. eD r s ;85 003 �,:.rc. Aim� u' �Z '.67n __ 2r E`i 068 11." 1 ., r 28 .0 9 20 0 Ha 84 Padfootn®� ;,,mdl erg;: A2 0 a 84 P foot ®�uRoller 02 0 m 84 Pad ao ®, �y''i''" Roller :--< 02 10 am 8 df©'e ®� i ' ol�e� 2008 Lee Boy Paver 8515 6/10/09 49328 AP 002 2010 VOGELE-Wirtgen Paver 5203-2 10/10/11 7750051 AP 003 2012 VOGELE Super 1300-2 asphalt paver 12/3/12 811.0555 AP 004 AP ON AP 006 AP 007 CKM 001 CM 001 CM 002 CM 003 MM 001 2017 Vogele 1703-31 asphalt paver 3.13.17 12830020 2019 GAT A phalt PaveF WW4 SeF-PtRdWF9 2020 Cat Asphalt Paver 11/19/20 OMH600570 2013 VOGELE S2000-31 Paver 5111/21 11740011 Curber Machine 7/16/13 E35141JO05754N 2017 Coring Machine (Homemade -UT Trailer) 4/28/17 159A11013WL358093 2014 Wirtgen TCM1800 Texture Cure Machine 3/6/20 03BA0096 2011 Gomaco TC600 Text/Cure Machine 3/16/22 904400-224 2015 Wirtgen Milling Machine W1501 42143 6130132 MM 002 003 004 RC 001 8/21i49 82483626.1020 0 02 Wti00' Go eh' e(Irt--iili..:e 4' '8'/18 2 10,13.16 2�1 •0.0 9 03WRO524 2014 Wirtgen RECLAIMER/Recycler WR2000XL RC 002 2019 Wirtgen Reclaimer/Stabilizer WR200XLI 2/11122 09WRO163 RC 003 2013 BOMAG MIXER RS446 8.21.19 SN921913221001 VS 001 VS 002 Concrete Vibratory Screed 4/26/16 No S# 2011 Bidwell 4800 Roller Paver & work bridges 8/15/18 48-20111225HD CP 001 2000Concret SllpFormPaver- CMI MTP 400 Placer ( 12.1.16 537132 CP 002 003 2012 Fleming Triple Tube Roller 10.25.18 No Serial No per Ray 2006 GOMACO Placer/Spreader PS2600 10.24.18 904900-058 . Q C 004 005 P 002 P 003 2012 Bomag Crawler Profiler-BM2000/60 8/21/19 ...1020 904900-089 2010 Gomaco PS-2600 Spreader 3/16/22 1998 Gomaco GP 2500 Concrete slipform Paver 12.1.16 MC16019 1992 GT-6300 Concrete Slip form paver 12.1.16 900100-009 P 004 P 005 2017 Wirtgen Slipform Paver 3.20.18 23SPOO14 2017 Wirtgen Slipform Paver 11/29/21 17SP-0010 S 001 SS 002 2009 Bobcat S330 Skid Steer Loader 7120/10 A5HA35331 2012 Bobcat S770 Skid Steer Loader 5/14/12 A3P412036 SS 003 2013-Bobcat T650 11/7/13 A3PO17719 SS 004 2013 Bobcat T650 Track Skid Steer Loader 2128/13 A3P016668 SS 005 SS 006 2014 Bobcat S770 Skid Steer Loader 619/14 ATF212577 2014 Bobcat 590 Compact Track Loader 8/28/14 ALJU12972 SS 007 SS 008 SS 009 2015 Bobcat S770 Skid Steer Loader 518/15 ATF213361 2016 Bobcat T590 Skid Steer Loader 616/16 ALJU19077 2016 Bobcat T690 Skid Steer Loader 6/6/16 ALJU19097 SS 010 SS 011 SS 012 2015 T770 Bobcat Compact Track Loader 1.31.17 AN8T14508 2017 BOBCAT T595 SKID STEER LOADER 3.28.17 B3NK12587 2017 Bobcat T650 Skid Steer (Lease) 9.31.17 1.12.18 B3NK13696 SS 013 SS 014 SS 015 SS 016 SS 017 SS 018 SS 019 SS _ -020 r SS 021 022�� ALJG22770 2016 Bobcat T590 Skid Steer Loader(owned) 5/10/19 ALJU21370 2017 Bobcat Skidsteer Track Loader 2.5.18 B3NK14133 2016 Bobcat T590 Skid Steer Loader (OWNED) 5/28/19 ALJU21854 12018 Bobcat Skid Steer T740 4.23,18 133CA13624 2018 Bobcat T740 Compact Track Loader 6.19.18 B3NK22526 8,29.18 B3CA14733 2018 Bobcat T590 Skid Steer Loader (Lease) 12.31.18 ALJU29957 2018 Bobcat T590 Skid Steer Loader (Lease) 12.31.18 ALJU29956 2019 T740 Bobcat Skid Steer (Lease-GPS) 4.9.19 133CA15275 SS J 023 2019 Compact Track Loader (Lease-GPS) 5.14.19 B3NK31702 SS 024 SS 025 2019 Bobcat Track LoaderT-770 5,14.19 AT6321.612 Hargrave 2049 Bobcat Track Loader T - 770 5.1-4.19 AT6321283 Dugan i_ SS _ 026_ 2019 Bobcat Skid steer T 595(LEASED) 6,18.19 B3NK31843 SS� 027 SS 028 2019 Bobcat Track Loader T595 (LEASED) 10/9/19 B3NK33734 Number voided- duplicated equipment was here. SS 029 SS 030 SS 031 SS 032 2020 C259D3 Caterpillar Compact Track Loader - Ll 6122/20 CW905098 PUNCH 2020 Bobcat T66 Skid Steer Loader w/ 68" bucket 7/24/20 B4SB11317 Sixtos 202G Bobcat T66 Skid Steer Loader wl 68" bucket 7124120 134SB11314 Marcos Sr. 2020 Bobcat T66 Skid Steer Loader w/ 68" bucket 7/24/20 B4SB11311 Carlos $S 033 SS 034 SS 035 SS 036 2020 Bobcat T66-Skid Steer Loader w/ 68" Bucket 7124/20 B4SB11318 2020 Bobcat T66-Skid Steer Loader w/ 74" Bucket 10/26/20 B4SB12557 2020 Bobcat T66-Skid Steer Loader w/ 74" Bucket 10/26/20 B4SB12563 2021 Bobcat T66-Skid Steer Loader w/ 74" Bucket 12/31/20 B4SB15820 SS 037 2021 Bobcat T66-Skid Steer Loader w/ 74" Bucket 12/31120 B4SB15342 DANIEL P SS 038 SS 039 SS 040 SS 041 < SS 042 0 SS 043 SS 044 SS 045 SS 046 SS 047 -� SS 048 as SM 001 2020 Bobcat T66-Skid Steer Loader wl 74" Bucket 4/30/21 B4SB17683 2020 Bobcat T66-Skid Steer Loader w/ 74" Bucket 4/30/21 B4SB 17685 2020 Bobcat T66-Skid Steer Loader wl 74" Bucket 4/30121 64SB17647 2021 Bobcat T66-Skid Steer Loader vr174" Bucket 5/18/21 B4SB17888 2021 Bobcat T66-Skid Steer Loader w174" Bucket 5/18/21 134SB17686 2021 Bobcat T740 Track Loader C37 P69 w/ 86" Bk 6/17121 63CA21258 2021 Bobcat T740 Track Loader G37 P69 w/ 86" Bk 6/17/21 83CA21255 2022 Bobcat T-66 Skid Steer Loader w/ 74" Bucket 5/12/22 B4SB24936 2022 Bobcat T-66 Skid Steer Loader w/ 74" Bucket 5/12/22 B4SB24373 2022 Bobcat T-66 Skid Steer Loader w/ 74" Bucket 5/12/22 B4SB24374 2022 Bobcat T-66 Skid Steer Loader w/ 74" Bucket 5/12/22 B4SB24938 2021 Mower King SSEFGC175 72 in Hyd Flail Skid 8124/21 SSEFGC17521052102 �' NIX 001 NIX 002 ;2U't2' John Deere 60D mini excavator W/Bucket & T 12/21/12 1 FF060DXACG281365 ALAN 203 John Deere Mini Compact Excavator 50D 914/13 1FF050DXEA0275367 MANUAL 03. 2015 John Deere 85G Excavator 3. .004 M) OD5 MX 006-- 201;5 John Deere 60G CoMpot Excavator 10/26115 1 FE060GXHEJ286232 SEN10R 201<5 John. Deore., Mini Excavator 50:G 1:121'.'16 1 FFO60GXV , .. 82916 ; ; J(�NPQE 2015 Bobcat Compact Excavator E26 1.31.17 B•33213018 =D_ M1TNr MX 007_ tI ^008 ~~ t 009 2016 John Deere Excavator 245G (Excavator) 11.17.17 1 FF245GXHFE600936 2018 Bobcat Mini Excavator E50 (Lease)'944397 i2018 Bobcat Mini Excavator.E50 (Lease) 2AU Ail8'14.201 :NIX 01.0` NiX, all: NX M.' 2019 Bobcat `Mrnc Excavafor.E95 (owned-• GPIS) 6119/19 848412131` f1AMOW 2019YanmarVfO5Q-6A Blade Excavator _ 4.12.19 YMRV1050CJAJ60810 GU3. N.UC _. 2020 Bobcat"Q 5 Comb, Excavator vu/Buckets, 3131120 AJ19158-M. CARLOS ;.; 61.3 MX• 014, .2020 202013obcaf`E56Comp. Excavator vw�B`ucket5 3/31l26 AJ1915N3 SIXTO Cat Minr EX.3'08 NGw/CQ.UPLER/HYP'Thum • 6/17120 GG802671 bAN1E�` ;MX 015 M�: 016 202O.' at m1h[ EX 306-07 with' CAWHYD Coupterl T1. 8/9/20 06060125'0- 2020 BobcatES"5. E'xcavator.With 24 in Bucket 1122/21 AJ191.58.40 ALAN.' Bobcat E 35-Brandon's Crew -Rental not purchase 11X° 0 I7 . MX: 018 :MSC 0.1:9 •IUIX 020. • MX_ 021 ;iVIX. 022.. ; .2n21 Bobcat• E60 Min EX G62• P64• with 24� " bucket 7/12/21 B4GR11'.700 W1.LL IS; 202'1 Bobcat 60 'Mirk[ EX C52 P64 with 24 " bucket 7112/2:1 64GR11811 ; 1 A ON 2021. Bobcat E60. Mini. EX C52 P64 with- 24 " bucket 7112121 i34GR118.05 . . to btacke 2Q21 Minr`Hydraulic EX:E88 Bobcat 'kIn/ 2'I 84NM11094 'BRIAN; 2015 JD 5OG Mini EX 3/16/22 1FF050GXJFH282895 20-15 JD 35G Mini EX 3/16/2-2 14035GXCEK2727:85 ioius coz c EX, 001 �: 002 " • EX, 003- EX 004 EX 005 2013 Volvo. Track -,Hoe Excavaatoi EC22ODL .. : • 9/29114. /CEC220DV00210495 2014 Volvo Excavator EC220DL 12/28/15 - VCEC220DP06210.720 Hitachi excavator with rubber trdcks 5/l/1.5' AFF01MOQ270434 2012 KOMATSU Excavator P.G=490-LC 8/2/16 KM T_PC239C54A40062 2018 CAT 32Q Excavator 7/31/18 HEX01683 EX 006 EX 007 EX 009 EX 010 EX 011 EX 012 EX .013 EX 014 2014 CAT 336FL Excavator 4/1/19 RKB00366 2015 CAT 316 with Bucket 1215/19 ODZWO1986 Bkt. SN17NE1366 .2011 Cat 320D• Excavator(Hydraulic) 2/11/20 CA T0320DKSPNO1275 2013 Caterpillar 329EL Hydraulic Excavator 4/21/20 CAT0329EKZCDO0279 2020 Caterpillar Hydraulic Excavator- LEASE 2016 Komatsu PC138USLC-11 Hydraulic Excavator 6/23/20 KMTPC261 PFA50009 42" Bucket purchased from Doggett AT063 2015 Case Trackhoe CX250 D i 11A9/20 CX250DNFSMl 134 2015 Cat 349FL Hydraulic Ex . 12/14/20 HPDO0493 W EX. 01'6 EX 0'16 EX 017 EX; 01:8 2018`Volvo EC250E: Track Floe: w! Atfach�nent� 3126/21 VCEC250EKO03;1:0439 Aftaeliment: 20I Cat 349 Excavatorwith 54" bucket 912012'1 DGE00252 i 202a Cat 330; with 60 in bucket 11/21122 OWCH10357 A#aehmerit: -2020 Cat 330 with.60 in bucket 1/2.1122 OWCH103.43 AftaEhmetif: MB 001 20.05 Rosco KB4.8 Broom "Gutter Broom" 9/2105 - 38728 9 `� MB 002 MB 003 MB 004 2016 BROCE Model CRT 350 Broom 8/9/17 409590 2013 BROCE BROOM CR 350 ! 2.28.19 408377 Broce Broom KR 350 9/30/19 S# 409603 MB 005 MBS 001 FL 001 FL 002 FL 003 Broce broom CRT350 3/16/22 410095 1998 Freightliner FL70 Street Sweeper 12/10/20 1 FV6HFAA6WH971306 HYSTER H90FT forklift HT90FT 11/14/14 P005VO1801 F 2005 10kReach Lift (Skylift) 4/26/16 160018168 1 Condor Reach Lift (Shop only) 3363 isc. Equip AT 001 2011 Atlas Copco XAS185 Portable Air Compressor 783720736 AT 002 *80"CI HD bucket 4/23/18 1159529 AT 003 *24" fast cut Planer 8116/11 2317133353 AT 004 2011 Bobcat 73" Smooth Vibratory Roller AFLE00181 AT 005 *80" Cutting Edge For Bobcat trencher 5/14/12 45401995 AT 006 *80" bucket MFG 2012 5/8/15 1100862 AT 007 *18" bucket with teeth 12/21/12 AT358512 AT 008 *HYD clamp 12/21/12 AT397391 AT 009 *42" bucket no teeth 12/21/12 AT408385 AT 010 2015 Hydraulic Breaker (Bobcat attachment) 7/21/15 BESO46797 i AT � 011 74" Low Profile Bucket 10/19/07 6731421 AT 012 — 2013 Bobcat 72" Sweeper 10/21/13 783730663 AT 013 *80" Bucket 11/7/13 1075693 AT 014 *80" bucket MFG 2014 6/9/14 AT 015 *24" Planer MFG 2014 6/9/14 AJN702940 AT 016 * 18' 8" Boom heavy duty 8/29/14 AT 017 *Excavator bucket 8129114 AT 018 *80" Cl Bucket 1/13/17 1100862 AT 019 *Excavator attachment 8/29114 AT 020 *80" LP bucket 2/28/13 673142 AT 021 2015 Skid Pro 72" Pick up Broom w/Bristles 6/30/15 106059 AT 022 Skid Pro 72" Pick up Broom wl Bristles 10/13/15 108942 AT 023 John Deere PB72 Pickup broom 6/13/12 TOBP72X110023 AT 024 *2014 Auger Drive 6/3/15 TH00912 AT 025 *18" BIT -See AT 024 6/3/15 AT 026 *24" hex bit- See AT024 6/3115 AT 027 *48" HEX EXTENSION -See AT024 6/3/15 AT 028 _ *48" bucket for the Volvo 5/12/15 117279-220-48VO i AT 029 *68" bucket MFG 2014 8/28/14 1088662 AT 030 Dual GPS System for Dozer 6.29.17 —< AT _031 — 2016 Impact Drop Hammer 7.6.17 AT 032� Speed Bump Attachment 12.1.17 Custom Fab Made AT 033 48" Fork Set 6,22.18 1158034 AT 034 201912M3 GPS w/ Base Station (2) 4.2.19 N9F01223 GCS900 DUAL AT 035 2007 Genie S40 Boom Lift 3/19/20 S4007-12371 AT 036 2015 Bobcat 68" Bucket 6/20116 1111793 AT 037 2015 Bobcat 68" Bucket 6/20/16 792 43 AT 038 2016 Bobcat T590-68" Bucket w/ forks 5/10/19 AT 039 2016 Bobcat T590-68" Bucket w/ forks 5/28/19 6731406 & SPV48 V AT 040 2019 Bobcat-2018 80" Bucket/2019 Breaker 5/14/19 Bkt#1163578&Bkr#B37N00324 AT 041 AT ^ 042 AT 043 AT 044 AT 045 AT 046 AT 047 AT 048 AT 049 AT 050 AT 051 AT 052 AT 053 AT 054 AT 055 AT 056 AT 057 AT 058 AT 059 AT 060 AT 061 AT 062 AT 063 AT 064 AT 065 AT 066 AT 067 AT 068 AT 069 AT 070 AT 071 AT 072 AT 073 AT 074 AT 075 AT 076 AT 077 AT 078 AT 079 ]AT 080 AT 081 2019 Bobcat-2018 80" Bucket 2018 Bobcat 80: LP Bucket 36"ToothBkt&42"Smooth Bkt for MX011 8" Core Drill Bit w/ 100' Gilmore; Hose 36 Bucket &Hyyd Clamp for MXOf 0 �. 36" Strickland & 48" JD Buckets for MX007 60" Forks and 3.75 YD Bucket for WL006 3.5 Yd Bucket & 72' Forks 18" tracks -24" -Bucket & 36" Bucket for MX003 Bucket for 2015 Cat Excavator JD 96" Forks-72"Forks & 3.5 yd Bucket EB40 Bucket w/ teeth For 2013 Volvo Ex Hyd Clamp & Bucket for 2013 JH M-Ex 42% 18" Bucket & 2 Sets Clamps Fork set for 2011 Komatsu Loader 42" Bucket w/ Side Cutters for 2018Cat Ex 79' Workbridges (2) & Raffles for 2011 Birdwell roller 2017 Bobcat HN980 Braker Assy-Drop Hammer MULCHER TEETH 7 CY Forklift Debris Box 7 CY Forklift Debris Box DOT-Z1 PRO DISTANCE MEASURING INSTRUME 42" Bucket from Doggett for 2015 Komatsu 42" Bucket -Strickland 21 OG -SL GP Bucket and Construction Forks 54" BUCKET-C132 Linkage 12" 306 BUCKET (282-2785 w/ PINS (464-9907) 2 SKI'S FOR ASPHALT PAVER Hyd Coupler & Thumb/24" Digging Bkt&47" Grinding 4" Base Line Steel Forms/2 Pockets 10" length 4"X10' Flexible Radius Forms KL30000 Automatic 6"--12" Barrier Lift KL30000 Automatic 6"-12" Barrier Lift 72" Bobcat Sweeper attachment 72" Bobcat Sweeper attachment KL12000TLP Automatic Barrier Lift 28" KL12000TLP Automatic Barrier Lift 28" 36" bucket for Cat 349 60" Conveyor Assembly for 2000 Gomaco 2022 Sitech GPS System Sitech GPS System 5114/19 Bucket S# 1180848 8/29118 Bucket S# 1151030 4/12/19 No S# 10/18/17 N S# 6/19/19 B48P01012- 11/17/17 TA005430 & TA004389 3111/19 WT5F119477 & 150101675 2/12/20 15102777 & WT4F13637 3/28/16 TA_003417 & TAo04O47 12-6-119 S#17NE1366 10/22/15 J000066399-1-TA004031- 8/24/14 7487301 9/4/13 AT397391 & AT317647 10/26/15 AT408385-AT439375-275467 & 3/23117 76294 7/31/18 18NE2228 8/15/18 No S# 1/23/18 AOOY23095 4/23/20 NO S# 4/23120 No S# 4/23/20 NO S# 8/14/20 ASIN#B0076SZQM6 8112/20 S#31637-07L 11/23/20 S# 0005001261-37 517/21 No S No. 4129/20 S#20NE0443 3/8/21 3/18/21 S# 20NE0493 & 20NE1051 8/19/20 No # 8/17/21 Item# NS304-001 8/17/21 Item#1 04-001 (NS0104-001 9/23/21 6538092101 9/23/21 6538092103 10/29/21 135AC00772 10/29/21 B5AC00916 1017/21 6324062103 1017121 .6479082102 4/22/21 -MHC08448 12/7/21 GOM500 3/10122 Control Box SN:1540JO05SW; Receiver SN:351 OJ560SY; Radio SN:2101JO43SQ 3/10/22 1 Control Box SN:3400J103SW; Receiver SNA351J552SY; Radio SN:2101JO67SQ S. PRICING Complete Exhibit B attached and submit with the proposal. 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 size and scope in the previous six (6) months may be considered in lieu of obtaining a new reference check- A negative reference may be grounds for disqualification of bid. Respondents are not allowed to use Brazos County as a reference. Company/Entity: CAh V p-e. Contact: a-. Nti p.'E Phone: %3 • 5724 • 3 000 Email: T C� fti1f% 2 G'hA trP C 1(0& • a rk Company/Entity: G e,<S h ev �%1�n 1 ✓► 2 L r t n Contact: Phone: q') gs• 3 (ZL Email: D i4JPSCi1PXe.4ig [�1m Company/Entity: Contact: _-S&M K Sm I-E-6•• Phone: Ok11 -14 4 • .3 19�1'1 Email: , \ SIM 4�A d7i C S` 1- G► ny * L'oi rs K"-OL('�f a 17 ( Page voi. Company/Entity: L, -hA DV Tb tAWr l D Contact: ��Sfxyu& llmi C S Phone: q 03 • a Lh 41 Email: Company/Entity: M°M° LDM Contact: WI LV\,l e, �a �l OC1lC Phone: _ q 3lr-S q • I'''I S - Email: rin?,I &Yv e-,• '�' I Dd< Q m C41, Yam_ 18 ( Page EVol —L-34�0 Pg. / 70 CIT.-k r OF CONROE 1 L)ci4 May 10.2021 City of Bryan 205 E 28th St. Bryan, TX 77803 Re: Project Reference To Whom it May Concern: Over the past 3 years, Larry Young Paving has contracted approximately $30 M in work with the City of Conroe. From Rehab to New Construction contracts, Larry Young Paving has completed many difficult .projects for, the City requiring bridge construction, slipform paving, deep sanitary and waterline mostly with their own crews. We found them to be exceptional in both their knowledge base and their ability to execute the work. They provided solutions to difficult problems and completed projects on time. I would recommend their company without question. If you require any additional information, please don't hesitate to contact me Sincerely, NEW Tara B. Gaha, P.E. Senior Project Engineer Engineering Dept. City of Conroe Page 1 EVol_� . �ropg. /7 Docu5ign Envelope ID: EDOFE604-BEB6-4748-A765-27AD99FD2BBB ' � 1 GESSNER May 11,2021 . ENGINEEar:•;G City of Bryan 205 E 28th Street ,. Bryan, Texas 77803 Re: Letter of Reference To Whom it May Concern: r I have had the pleasure of working with Larry Young Paving on several projects includinq a challenging road failure project that involved extensive grading and storm work. The i&GN Roadway failure Remedlation project was a Sm Million project that improved drainage adjacent to the roadway and lowered the roadway to reduce the embankment side slopes to remediate the embankment failure. The project required Larry Young Paving to Perform the extensive work while maintaining access to adjacent properties to owners, malt service, and trash collection. f Larry Young Paving was diligent, respectful and understanding with adjacent property owners, and completed the work ahead of schedule. They ensured the safety of the public was a high priority by continually Inspecting traffic control and the site for. potential hazards. Punch list items were completed in a timely manner and to the requirements/needs of the project team. I recommend Larry Young Paving for any Civil project and look forward to working with tilem for manyyears to come. Sincerely, Sean Ray, M.E., P.E. Project Codrdinatfon—Department Head Gessner Engineering, LLC 0 i BRYAN a SUNRAAI o FORTwORTI- v GEOI2G&TOWN t S N AN 1 ON10 Carpor3te. 401254 Street. Sutla 31 B,Wr,, Texas 77803 f, I-877-GESSNER o ive yr aesarterene��n=�rirtg.ccn� CIVIL CONSTRUMORMATE IALST1: Me GEOTEViWCAL STRUCTUrtAI. SURV>: NS Vol. 3 pg. L7L_ DocuSign Envelope 1D: EDOFE8O4-BE86-4748-A765-27AD9BFD2BBB 11:'lark Schinzier barn_ Mark Schinzier sent Monday, May 10, 20214'53 PM To: Mark Schinzier Subject: RE Written References a From; lames 5Fnith <jsmrth@csix.gov> Serra: Monday, May 10, 20214:35 PM To: Mark Schinzler<m.schinzier@larryyoungpaving.com> Subject: RE: Written References Larry Young Paving has completed several roadway projects forthe C1ty of College Station. The quality of utility, concrete and roadway work has met or exceeded all o€our requirernentsand expectations. Often i will receive comments from residents on how pleased they are with the look and quality o#the infrastructure -and -how they feel like it has improved the look of their neighborhoods. -- -. ---- lames Smith, PE Project Manager Phone 979-754.3877 Cell 979-324-7058 0 Q1 C>J i I ARRYbU-1712 GAYLA � 7 ACORO' `� CERTIFICATE OF LIABILITY INSURANCE DATE (t�faroDmrYY} 6/26/2022 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(ies) must have ADDITIONAL INSURED provisions or 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 endorsement(s). PRODUCER Anco insurance PO Box 3889 Bryan, TX 77805 CO E9cT Don Smith, C.PCU NA Ext - 979 774-6523 jAAc, No :(979) 774-5372 E-h1AIL oPRESS, zientekanco.com INSURER AFFORDING COVERAGE NAIC # INSURER A: United Fire Sr Casualty Company 13021 INSURED INSURER B:Texas Mutual Insurance Company 22945 INSURER C : Larry Young Paving, Inc Silver Hill Equipment Co, LLC PO Box 11779 INSURERD: College Station, TX 77842 INSURER E, INSURER F: rn%I AfnCQ r+CCTtctrrATC ml n 129=0 RF1n-glnN NIIMRFR- rTHIS IS 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 CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRA TYPE OF INSURANCE ADD SUB yyyp POLICY NUMBER POLICY EFF / POLICY EXP L114ITS X COMMERCIAL GENERAL LIABILITY CLAMS -MADE OX OCCUR 85322393 " 8123/2021 8/23/2022 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED EMISES Ea occurrence S 300,000 MED EXP An one person) S 5,000 PERSONAL &ADV INJURY S 1,000,000 GEN'LAGGREGATEUMITAPPUESPER: POLICY �X JPERQ D LOC OTHER: GENERAL AGGREGATE IS 2,000,000 PRODUCTS-COMP/OPAGG I S 2,000,000 S A AUTOMOBILE LIABILITYe X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY 85322393 8123/2021 8/23/2022 (COMBINFA SINGLE LIMIT 1 S 1,000,000 BODILY INJURY Perperson) J S BODILY INJURY Per accident BODILY S ROPEDAMAGE Pera S s A X UMBRELLA LIAB EXCESS UAS X OCCUR CLAIMS -MADE 85322393 8/23/2021 8/23/2022 EACH OCCURRENCE I S 6,000,000 AGGREGATE is 5,000,000 DED X RETENTION S 0 I S B WORKERS COMPENSATION AND EMPLOYERS' LABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERfkEMtiER IXCLUDED7 `Mandatory in NH) lipsdescribe under 0 SCRIPTION OF OPERATIONS below N 1 A SF0001311091 8/2312021 8/23/2022 X PERTUIET OTH- I ER E.L.EACH ACCIDENT S 1,000,000 E.L. DISEASE- EA EMPLOYE S 1,000,000 E.L. DISEASE -POLICY LIMB 1,000,000 S A Equipment Floater 85322393 8/2312021 8/23/2022 Rented/Leased Equipt 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) JOB : CIP 22-63B Peach Creek Cut Off Reconstruction r`GCTiCir`AT= Lint n=p reNri=1 I ATtnN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Brazos County ty 200 South Tx Ave Ste 352 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Bryan, TX 77803 Vol I Pg. t % AUTHORIZED REPRESENTATIVE u�. >sadltiG ACORD 25 (201610 �� _ __ 1 01988-2015 ACORD CORPORATION. All rights reserved. L____ The ACORD name and logo are registered marks of ACORD Bond No. Bid Bond BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Larry Young Paving, Inc. as principal, hereinafter called the "Principal," and MARKEL INSURANCE COMPANY, at 4521 Highwood Parkway, Glen Allen VA23060 , as surety, hereinafter called the "Surety," are held and firmly bound unto Brazos County as obligee, hereinafter called the Obligee, in the sum of Five Percent ( 5 %) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for CIP 22-638 Peach Creek Cut Off Reconstruction NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified In the bid, enter Into a contract in writing or, In the event of the failure of the Principal to enter Into 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, seated and dated this 26th day of May , 20 22 . Markel Insurance Company BY. rAlexandria Petroski , Aitorney-In-Fact THE RIDER ATTACHED HERETO IS INCORPORATED IN THIS BOND AND MODIFIES CO'V01AAGE yiNDE6 THIS BOND. MSUR10 0318 Vol. 3�0 3 Pg.� POA# 4221009 JOINT LIMiAD POWER OF ATTORNEY V[NOWALL MEN BY THESEPRESM.-ThatSureTeclnsuraiice Company, a Corporation cf*organlzed and existing under the lawsofthe State OfTexas andhavingIts principal office In the County of Harris, Texas and Markel Insurance Company (the `Company',, a corporation duty organized and existing under the laws of the state of 1111nots, and having Its principal administrative office In Wen Allen, Virginia, does by these presents make, constitute and appoint: Connie Grocholsk), Alexandria Petroskf, Teresa Martin Their true and lawful agent(s) and attorney(s)-infact, each in their separate capacity If more than one is named above, to make, execute, seal and detdver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking In suretyship provided, however, that the penal sum of anyone such Instrument executed hereunder shall not exceed the sum oft Fifty Mif Ion and 00[100 Dollars ($50,000,000.00) This Power of Attorney is granted and Is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel insurance Company: "RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, AsststantSecretary,Treasurer or AssistentTreasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute In behalf of, and acknowledge as the actand deed of the SureTec insurance Company and Markel Insurance Company, asthe case may be, all bond undertakings and contracts of suretyship and to affix the carporateseal thereto." iN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused thelr offi9al seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 10 day of July , 2o21 . SureTec Insurance Company By: Michael C. Kelmig, President State of Texas County of Harris: 6yRAlyp NOW Vr�t�YC�4 -:'R 50" �4 w 5 g SEALS By. 1 s*.,•� rrrrttriitttiu��� .... i- ".. On this lath day of July , 2021 A. D., before me, a Notary Public of the State of Texas, In and for the County of Harris, duly commissioned ail lq twllfied; Larne THE ABOVE OFFICERS OF THE COMPANIES, tome personally known to be the Individuals and officers described in, who executed the preceding Instrument, and they acknowledged the execution of same, and being by me duty sworn, disposed and said that they are the officers of the said companies aforesald, and that the seals affixed to the proceeding Instrument are the Corporate Seals of Bald Companies, and the said Corporate Seals and their signatures as officers were duty affixed and subscribed to the sold instrument by the authority and direction of the sold companies, and that Resolutions adopted by the Board of Directors of sold Companies referred tohn the preceding instrument Is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and offbted my Official Seal at the County of Harris, the day and year first above wrlten. p INn,y a URYPoe % X NtA'C AVEZ (63 O,, ,? ' t' ldo*y Public. Stato otTexas SS[�T �� Notary1t0#1281'f7 &S�, e`r hty.Coxnnksstwt Expkes % •havez, Notary Public SEPTEM13M 10,•2024 y ommtsston expires 9/10/2024 We, the undersigned Officers of SureTec insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoingIs a full, true and correct copy is stlil In full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the seals of said Companies, on the 26th day of May _ 2022 ur clnsu nce any —. RInsuranceCompany By: M. BrAt Beaty, Assist nt Secretary Andrew' Marquis, Assistant5ec ry Any instrument issued btexeessof the penalty stated above is totaltyvoldand without anyvatidity. 4221009 ForverlRcatlonoftheauthodt ofttapow2ryoumay can (7t3)3n.080oonany business day between83oAMand5A004CST. FV01.--3&3 - P:g. 7/744 �z - Markel Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain Information or make a complaint: You may calf the Surety's toll free telephone number for Information or to make a complaint or file a claim at;1-866-732-0099, You may also write to the Surety at: Markel Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78769 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: PO Sox 149104 Austin, TX 78714-9104 Fax##: 612-490.1007 Web: http:11www.fdl.sta1e.tx.us Email: ConsumerProtootion@tdi.texas,gov PREMIUM OR CLAIMS 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. Texas Rlder 06042015 Vol. 363 Pg. l 7 7 Best and final Offer (BAFO) - Bid Tabulation CIP 22-638 Peach Creek Cutoff Road .Reconstruction From State Highway 6 Frontage Road to Peach Creek Road Brazos County, Texas BAFO Due: Wednesday, June 15, 2022 - 2:00 PM CST GE Job #: 21-0042-01 Firm Name: Larry Young Paving Inc. " . -._ General Items-: item # item Quantity Units Unit Cost Total 100 Mobilization, Bonds, and Insurance 1 LS $ 151,000.00 $ 151,000.00 101 Traffic Control 1 LS $ 9,200.00 $ 9,200.00 102 Erosion Control (SWPPP), Including H droseed all Disturbed Areas 1 LS $ 80,000.00 $ 80,000.00 103 Existing Mailbox RelocationtRe lacement 36 EA $ 470.00 $ 16,920.00 104 Signage, Complete in Place 15 FA $ 780.00 $ 11,700.00 105 Striping and Raised Markers (Center Line & Shoulder), lComplete in Place 8,350 LF $ 4.75 $ 39,662.50 106 ITernporary Fencing 1 LS $ 1.00 $ 1.00 Sub Total - General Items $ 308,483.50 . Demolition ;• item # item Quantity Units Unit Cost Total 200 1 Remove Existing 18" or Smaller Driveway Culverts and S.E.T.s 1,074 LF $ 20.00 $ 21,480.00 201 Remove Existing 24" Dirveway Culverts and S.E.T.'s 90 LF $ 20.00 $ 1,800.00 202 Remove Existing Crossing Culverts 48" or smaller 151 LF $ 40.00 $ 6.040.00 203 Remove Existing Crossing Culverts larger than 48" 253 LF $ 42.00 $ 10.626.00 204 Reclamation of Existing HMAC Pavement and Base Material (Pulverize & Mix) 21,175 SY $ 2.25 $ 47,643.75 205 Reclamation of Existing Driveways (Including Concrete) and Base Material (Pulverize & Mix) 3,725 SY $ 2.25 $ 8,381.25 206 Remove ans Stockpile Existing Rock Rip Rao for Re -use 100 SY $ 24.00 $ 2.400.00 207 Remove Existing Fence in ROW 400 • LF $ 8.00 $ 3,200.00 208 Clearing and Grubbing of ROW Includes the removal of any trees in the ROW and trimming of limbs 1 LS $ 31,000.00 $ 31,000.00 209 Remove Existing Signage 15 1 FA $ 18.00 $ 270.00 Sub Total - Demolition $ 132,841.00 >' Storni;and Drainage item # Item Quantity Units Unit Cost Total 300 15" RCP Type III Structural Backfill , Complete in Place 152 LF $ 69.00 $ 10,488.00 301 18" RCP Type III Structural Backfil( Complete in Place 1,168 LF $ 98.00 $ 114.464.00 302 24" RCP Type III (Structural Backfilo, Complete in Place 464 LF $ 100.00 $ 46,400.00 303 36" RCP Type III Structural Backfiit , Complete in Place 185 LF $ 210.00 $ 38,850.00 304 60" RCP Type III Structural Backfil , Complete In Place 128 LF $ 490.00 $ 62,720.00 305 8.0' x 6.0' RCB Type III Structural Backfili , Complete in Place 91 LF $ 1,400.00 $ 127,400.00 306 15" 6:1 SETs (PSET-SP), Complete in Place 8 FA $ 1,200.00 $ 9,600.00 307 18" 6:1 SETs SET-SP , Complete in Place 60 EA $ 1,300.00 $ 78,000.00 308 24" 6:1 SETS PSEi'-SP , Complete in Place 24 EA $ 1,700.00 $ 40,800.00 309 90° Concrete Headwall with flared wings for 1-36" RCP CulvertComplete in Place 4 FA $ 12,000.00 $ 48,000.00 310 90' Concrete Headwall with flared wings for Double Barrel — 36" RCP Culvert, Complete in Place 2 EA $ 12,000.00 $ 24,000.00 311 90° Concrete Headwall with flared wings for 1 — 60" RCP Culvert, Complete in Place 4 EA $ 16,000.00 $ 64,000.00 312 90° Concrete Headwall with flared wings for Double Barrel — 8.0' x 6.0' RCB Culvert. Complete in Place 2 EA $-24,000.00 $ 48,000.00 313 Culvert Markers 24 FA $ 180.00 $ 4,320.00 314 4" Concrete Aprons 780 SY $ 50.00 $ 39,000.00 315 4" Concrete Sloe Paving, Complete in Place 100 SY $ 64.00 $ 6,400.00 316 204" Concrete Pilot Flumes, Complete in Place 100 SY $ 65.00 S 6.500.00 317 Type R Rock Rip Rap, 200-2501b, Hand Placed and Non -Grouted (Included Geotextile Fabric) (18" Embedment) for Crossing Culverts, Complete in Place 400 CY $ 140.00 $ 56,000.00 318 Cement Stabilized Sand, Complete in Place 200 1 CY 1 $ 77.001 $ 15,400.00 $ 840,342.00 Sub Total - Storm and Drainage 1 Vol` -0 Pa. " 79 PAGE 1of2 Best and Final Offer (BAFO) - Bid Tabulation CIP 22-638 Peach Creek Cutoff Road Reconstruction From State Highway 6 Frontage Road to Peach Creek Road Brazos County, Texas BAFO Due: Wednesday, June 15, 2022 - 2:00 PM CST GE Job #: 21-0842-01 Pavdment and Earth Work _ Item # Item QuanBt Units Unit Cost Total 400 Earthwork - Cut to Fill, Design Grades (In Place) 3,950 CY $ 11.00 $ 43,450.00 401 Earthwork - Cut to Haul to Design Grades (In Place) 5,950 CY $ 13.00 $ 77,350.00 402 Earthwork - General Fill to Design Grades (In Place) 300 CY $ 9.75 $ 2,925.00 403 Earthwork - Remove and Replace Unsuitable Soils and Material with Select Fill Including Compaction (In Place). Limits of Remove and ,Replace to be Approved by Engineer Prior to Initiating Work. 600 CY $ 23.00 $ 13,800.00 404 Earthwork - Remove and Replace soils and materials with cement stabilized sand (In Place). Limits of Remove and Replace to be approved by Engineer prior to initiating work 600 CY $ 80.00 $ 48,000.00 405 8" Cement Stabilization of Subgrade w/ Compaction Assume 6% by weight, Complete in Place) 30,775 SY $ 2.60 $ 76,937.50 406 8" Cement Stabilization of Subgrade w/ Compaction (Assume 6% by weight, Complete in Place) 666 TON $ 290.00 $ 193,140.00 407 6" Lime Stabilization of Subgrade w/ Compaction (Assume 6% by weight, Complete in Place) 200 SY $ 2.50 $ 500.00 408 6" lime Stabilization of Subgrade w/ Compaction (Assume 6% by weight, Complete in Place) 4 TON $ 250.00 $ 1,000.00 409 8"-Type B Black Base Complete in Place 17,625 SY $ 52.00 $ 916,500.00 410 10" - Type B Black Base, Complete in Place 9,950 SY $ 66.00 $ 656,700.00 411 4" -Type C HMAC, Complete in Place 17,025 SY $ 30.00 $ 510,750.00 412 2" - Tye C HMAC, Complete in Place 9,600 SY $ 16.00 $ 153,600.00 413 4" - Type B Black Base for Driveways, Complete in Place 3,200 SY $ 34.00 $ 108,800.00 414 3" -Type C HMAC Driveway, Complete in Place 3,200 SY $ 28.00 $ 89,600.00 415 10" - Concrete Driveway, Complete in Place 190 SY $ 120.00 $ 22,800.00 416 Metal Beam Guard Fence (12GA) (Timber Post)(Block Out), Supply and Install 1,850 LF $ 39.00 $ 72,150.00 417 MSKT Guardrail Terminal, Supply and Install 12 EA $ 4,300.00 $ 51,600.00 418 4" Thick Concrete Mow Strip Guardrail) Complete in Place 720 SY $ 52.00 $ 37,440.00 Sub Total - Pavement and Earth Work $ 3,077,042.50 Construction Cost $ 4,358,709.00 Contingency $ 150,000.00 Total Construction Cost $ 4,508,709.00 Time of Completion .(Calendar Days) 200 Pro oser's Name: Mark Schinzler PositionlTitle: Estimator Proposer's Signature: Date: 6M4/2022 Vol, 36 3 % Pg. / ` PAGE 2 of 2 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2022 Final Plat Winding Creek Estates Ph 5 DATE OF COURT MEETING: 6/28/2022 ITEM: Approval of the Final Plat of Winding Creek Estates Phase 5 including a Replat of Common Area 1 Block 6 of Winding Creek Estates Phase 2; J.C. Stuteville Survey, A-216; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 06/17/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description 202— 1�-( 5= Application for Development 02 FP Application Winding Creek Ph 5 FIRST.pdf Winding Creek Phase 5 Final Plat.pdf Plat Type Backup Material Backup Material l "Ro /aa. Duane Peters Date County Judge I ol.' Pg• --�-- ,•�yStiie °rr�, t OF 8�F PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax (979 775-0456 Email: plats brazoscountvtx.aov PROPERTYSUBJECT .. APPLICATION DATE "64-2021 RESUBMITTAL: YES LVNO PROJECT I SUBDIVISION'NAME:Winding Creek Phase 5 PROJECT ADDRESS OR LOCATION: Bending Branch Drive LEGAL DESCRIPTION:J.C. Stuteville Survey, A-216 IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NIA NUMBER OF LOTS:16 TOTAL ACREAGE33.863 JURISDICTION: CITY LIMITS L1 College Station ETJ 0 OUTSIDE ALL CITY LIMITS AND ETJs • Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five (6) years from the Application date of the project. IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? Acknowledgment: The fled hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. p ' R- `-.?S`r-1 -- C _,. L Z' 'yr A .`..�` 6" 'r� 't{ $it t £ R C +. wd-' -- {.i b Z .r - - �� '. 4 :� az?R4'.e'�.�A1 5 i i ..,.. APPLICANT INFORl1AATIfON# Y8s ` Lts, 3.ne_ t kf_ r z * 3 x ttt R{ ra r ;r e_'r,,.� r _ fir.• r �.L* .,z.< `' FIRM NAME:Wellborn Winding Creek, LLC CONTACT:M.L. Schehin ADDRESS:3000 Briarcrest Drive, Suite 302 CITY:Bryan. STATE: TX ZIP:77802 PHONE:281-642-4924 FAX: EMAIL:mi@mls-development.com :6'�.kR PROPERTYOWNERINFORMATION' 3 � �� �� .-L,�:. a !G' ..d; r.:^`. 'w'-:ur.'3�i FIRM NAME:Wellborn Winding Creek, LLC CONTACT.M.L. Schehin ADDRESS:3000 Briarcrest Drive, Suite 302 CITY: Bryan STATE: TX ZIP:77802 PHONE:281-642-4924 FAX: EMAIL:ml@mls-development.com FIRM NAME: Schultz Engineering, LLC CONTACT: Joe Schultz, PE ADDRESS: 911 Southwest Parkway E CITY: College Station STATE: TX ZIP:77840 PHONE: 979-764-3900 FAX: 979-764-3910 EMAIL: eng@schultzeng.com ,�;-aFy. +2Y. j3 aF34tC E6 i�••''rr?j Cri �'i�,..% � S {� .h. FS.�; iw ASS � � aa' )}r`'-' PV Y S. ISi� L a�.� - .j..- Y -. SUR1fE , c .k-+z•0RINFORMATION s'.'r`lkiS_� ix _ i.trc .,.f� ;3t N52,t�.1,u . �irisk ., �5a . cS �. - �. v-+�4..+` , t.�'-t'�f. � v.�L {Jr ati�" `.✓.. ?: . } -r( u FIRM NAME: Kerr Surveying, LLC CONTACT: Brad Kerr ADDRESS: 409 N Texas Ave CITY: Bryan STATE: TX ZIP:77803 PHONE: 979-268-3195 FAX: EMAIL: brad.kerr@suddenlinkmail.com „` OT ER INFORMATION [ 4 rxt , fi , `I ii =4i�1,- ...�,r �N{ z vi%'.-..� _r.St..a;-R-..:5. i.s+� '?'f �,npa, 4i . \....'�'� ��?h'.« U..- z # � � t*v'.T_ � ✓ `�3i 3 � ^�t L.v.��"' ..? Y r FIRM NAME: CONTACT. ADDRESS: CITY: STATE: ZIP: PHONE: —[FAX- EMAIL: PROPERTY OWNER CONSENT f AGENT AUTHORIZATION Vol. pg. / LZ By my signature, I hereby affirm that I am the property owner of record, or if the Applicant is an organization or business entity, that authorization has been granted to represent the owner, organization or business in this Application. I certify that the preceding information is complete and accurate, and it is understood that I agree to the DevelopmenYSubdivision of this property. SIGNATURE PRINTED NAME:ML Schehin DATE:3-W SIGNATURE: PRINTED NAME: DATE: By signing this form; the Owner of the property authorizes Brazos County to begin proceedings in accordance with the rqceis for this type of Application indicated on page one of this Application. The owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. Application Check List: Copies of finished plat with corrections (if any): ✓Three (3) hard copies to Brazos County ✓ One (1) .pdf copy to Brazos County One (1) .dwg copy to Brazos County One (1) hard copy to Brazos County Health District One (1) hard copy to Brazos County 911 ✓ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): Letter from Brazos County Health District - For On -site sewage evaluation. Letter from Brazos County 911 - For Road names. Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. Vol. ,363 pg. / �3 r Every Simplified Plat shall include all of the following: aTitle Block with the following information: RName, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. RProposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) `/ Date of preparation. (Include the date of any revisions on the plat.) Engineer's scale in feet. Total area intended to be developed. Proposed number of Lots to be developed. Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. North arrow. Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. 4/ All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. ®A vicinity map, drawn at a scale appropriate to show all nearby major, Roadways and sufficient in detail to identify the location of the proposed plat. RV All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. FVIAII parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. ✓Road names and Right -of -Way width for all Roads. (Existing and proposed) ®All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. ✓Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) V Pipelines: label company with volume and page. V All certification language as found in Appendix C. Easements and rights -of -way shall be dedicated to the public. The dedication of all Easements and rights -of -way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. nBuilding Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. DMetes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdi_vjsion is a part, according Vol. 3 b 3 Pg. / gL to the best available data. (Shown on drawing; not separate description) FVJAII Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, BernstenO Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights -of -way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. aPrimary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. aThe plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. WiThe On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. RI/ The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). RIIf there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A, classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of ,a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. aA minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. RIf any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. RV A separate drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). WIThe certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. ® If any Lot within the plat will be served by a well or an On -site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that it is in compliance with the Brazos County On -site Sewage Facility (OSSF) Regulations, Construction Standards for On -site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. WIf the plat contains a water well site, there shall be a depiction of the TCEQ separation Vol. 3 �3 Pg. ��� requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. aIf any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix GA regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. RV If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. RThe diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. aAny Improvements proposed within the Right -of -Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance with an executed license agreement between the County and the Owner. This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. ® Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. RAll existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Vol. 3 63 Pg. 1� Every Master Plan I Preliminary Plan shall include all of the following: Title Block with the following information: Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) Date of preparation. (Include the date of any revisions on the plan.) Engineer's scale in feet. Total area intended to be developed. Proposed number of Lots to be developed. Abstract name and number. The Preliminary Plan shall carry the legend "PRELIMINARY PLAN FOR REVIEW PURPOSES ONLY". []North arrow. Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. Subdivision boundary, indicated by heavy lines. Boundary must include all of Parent Tract. ❑All horizontal control and vertical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. RA vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plan. All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. All parcels within the boundary of the Subdivision shalt have a Block and Lot number shown on the face of the plan drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. Road names and Road designation (whether the Road will be public or privately owned), pavement width and Right -of -Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) FIAII existing and proposed plan boundary lines, phase/section lines, and Lot lines with bearings and dimensions. Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) (Existing and proposed.) Pipelines: label company with volume and page. The Preliminary Plan (including the entire Parent Tract if only a portion of that tract is to be subdivided) shall be shown on a single sheet, regardless of its acreage. The Preliminary Plan may also be shown on multiple sheets if necessary to show all detail and required information as required by this section. Size, in acres, of all Daughter Tracts. Centerline tangent lengths and curve data'for all proposed Roads. Easements and rights -of -way shall be dedicated to the public. The dedication of all Easements and rights -of -way shall be accomplished free of liens. Vol. -363 Pg. ��7 All proposed Easements and existing Easements of record that have a designated route shall be shown on the plan with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plan note. Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to .a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. The plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. The On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District: OThe location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). If there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be 12-inches higher than the highest spot elevation that is located within five feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. If any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. A drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. It is the responsibility of the Owner to assure that the proposed name of the .Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) Vol. ��3 P9. (9 controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. For Road widening and drainage purposes the Owner shall dedicate the Right -of -Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. Indicate the centerline length of each Road in the proposed Subdivision and its design speed. If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private alleys. Locations of existing and proposed public areas. Locations of other public Improvements, including but not limited to parks, schools and other public facilities. The location of proposed cluster mailboxes, as required. All proposed Off -site Easements for infrastructure construction must be shown on the Preliminary Plan. Proposed phasing. Each phase must be able to stand alone to meet requirements of these Regulations. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. If the proposed Preliminary Plan is to be a Private Subdivision (containing privately maintained Roads), the title of the plan shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. This check list along with the required copies of the plan shall be submitted to the County Engineer for approval. Include a description of contributing drainage to the proposed Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. Drainage narrative in compliance with the BCEDG. Clearly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer service, private sewage disposal system and On -site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades for each main between manholes and the depth at each manhole shall also be shown. All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. voa. 3&3 pg. Every -Final Plat must Include all of the items provided on the Simplified Plat checklist as well as the following: ❑ For Road widening and drainage purposes the Owner shall dedicate the Right -of - Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. aIf public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. ® The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. ❑ Indicate the centerline length of each Road in the proposed Subdivision and its design speed. FV]lf more than four mailboxes are to be provided within the Subdivision, cluster ❑ mailboxes shall be provided and the location of such shall be indicated on the plat. If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. ❑ Locations of existing and proposed private alleys. Locations of existing and proposed public areas. Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. ❑ All Off -site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. , Separate instrument Easements must be filed prior or concurrently with Final Plat. Proposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these Regulations. Infrastructure costs should be separate for each phase of the Subdivision. aLocation and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. ❑ If the proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. ❑ In the case of an On -site Sewage Facility (OSSF), the Developer shall be responsible for providing a Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer, or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On -site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. Vol. v� 6 3 Pg / ' •1 �� �.� Il� uttq unpa y wrn mwa `��' gm �PLII,l:1 N�Yw,aa �\ aaM•aR � I NUAH �atnYtwrl �.� ...- 1 NmaxLr M •1[ m wr _ Itlf .af3 iNL1 - 44p. u: 1•mM � am I�ri am ,U ........ i:•r- I A ro w •W ,I l of„nn I.1 �� ' Igevlis Mi•o:a IfailAw � 'IV IVwa p(E1{1p:61,gnNU�•I111IY6 � I '`t IraAAA LM .• If�Aa gn '�G LUIyC 1• ��I�mxa l� P.A. .11, �' ''• FnaNa•.FIY 1 4y, ,>H,A'�,,• .'' mom, xn a 1.0 r •i4sna wal,.a � t� � —Pal a. %/ i urxF ' Iafa/M \ r fr TK 11 f'u'r,ia\\ w .r.Ef. q w.mr.•� l�•resxxau wHA / ✓ / J GSI PIEx'8i \ \ aay rN,M •w �r•y omsN nlif/1Ea 01T fF�.90 �f fr rtt •y W faM.wr r w• ig N �. / / �Aa/f2 'i eANm• � a w 1 ~u 'Miaesb.:twma.r.� � q rmr [wa • /F + ORIGINAL PLAT V.I. 16299. PO.5J Q WVV M nlYCtittW ®RaaR art [0.NR apa �� .i'Srw�r u�aw�gsur"rm°gn.gaoA��a. q�`w� °mF•ran mime tm�wa sifr ti�riv' OOa19 A am• nl MY W q M •T• k aM M1� If•,r Grla M1r v...ww. 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F r INSET"cr INAL PLAT,° WINDING CREEK ESTAT ES \ /w;" PHASES aDR.ar QaRnT YYrNI ��rt nA i � La�nr W Nm•Ima r ). ' am.Imu r s. Dxw•Wa Ir urY I.,r u saw• •lure w' N 60na 1 Lnr Y MY N [In(a D wi Ol HD' N nnarlwoY HY 4aDL 1 W Y Hr u faDLnUi)D Fm a• soa 0 W R Mu N.. lu[i 1 Lnr fm I.1r N Rwr 1 w •% MIY N f1AY 1 W Y MID' 1• Ilnw)w D) Fm N Rwl I W Y FN' I�w�a Faa• 33.863 ACRES ULOCK4\ a nm i I c �/y/ m`nI'' It Nr\ m"'�rt`1 j l ' t u" \��� a,r•r l j - - �.. LI=6.1Our0f965Jb B / / .wN', �uronm /t .n m. \ ,•IN/A t/ ,,. , n a I I \ a - ! .11-U JI nL(X-X7lucf.wf¢.oa 7 n W \T INSET.D., REPLAT REPLAT n w Y.� VICINITY MAP OF / .V Nm',m \ CODf7.fOMARtA 1•UTAC1:6 _ - I l.rccxD WINDING CREEK ESTATES. 111A.SE2 aLx ! uNn nwQ rnu w®:R oam wan wmlay }aIN' nim Nevlr Ine1' AS)Y rmnl'NY rau• mom amerm Iurr NrurA>• cam m S1r11'N' Rrr K Y)1' t•r•r»t ltlD1' slam nlr•t'm 111a' IIDm 6nlSWY Nlm iSam YrlrtY »Uf Yl»' DUDYYY dSf nnm n L•' War DYSN rml•10t } Lf )aam wrm'Sr Iaffi SYm maMDSV WOBRAYA)SMUNTY TEXAS 1 Vol. �6r Pg. l%2 ig BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2022 - Right of Way Acquistion Road and Bridge NUMBER: - Karla and Gary Seeton - Straub Road - Water line easement. DATE OF COURT MEETING: 6/28/2022 ITEM: Approval of a payment to Karla and Gary Seeton for a water line easement needed for the relocation of a 12 inch waterline for the improvements to be made to Straub Road. Site is located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 06/22/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT. $0.00 SOURCE OF FUNDS: 56001000-80710000 Right of Way Acquisition ATTACHMENTS: File Name Description Type Right of Way Acquistion - Right of Way Acquistion - Karla and Gary Seeton - Straub Karla and Gary Seaton - Straub Road - Backup Material Water line easement..pdf Road -Water line easement. Coj�B Duane ]Peters hate County Judge Vol. 3103 Pg. l 1.3 E BRAZOS COUNTY BRYAN, TEXAS r DEPARTMENT: CC 2022 - Right of WayAcqulsltion Road and Bridge NUMBER: - Sand Creek Road - Tauber Exploration & Production Co. - 0.10 ac DATE OF COURT MEETING: 6/28/2022 ITEM: } Acceptance of a Special Warranty Deed for 0.10 acre of land from Tauber Exploration & Production Co. to be used for improvements to Sand Creek Road. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 06/21 /2022 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: Fie blame Description Type Right of'Way Acquisition - Sand Creek Road - Right of Way Acquisition - Sand Creek Road -Tauber Backup Material Tauber ExRloratlon Production Co, Exploration & Production Co. - 0.10 acre for right of way 0.10 acre for. right of wayspdf fii Duane Peters Date County Judge 9. EVOL �. J. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2021-2022 BUDGET YEAR NO.21/22 37.1— 37.4 On this the 28th 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 28th 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 28th 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. /�� . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 37.1 6128/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund Constable Precinct 2 -NRA Departmental Support Expenditure 881.44 Grant Fund Constable Precinct 2 -NRA Discretionary Spending Expenditure 881.44 Constable Pet 2 - NRA To reallocate unspent NRA grant funding that was returned to the National Rine Association A I L{��f4 q-Y F` ! �� � Y c R HK�+�i +Fi 'C,. � ° �# '�,yj'�,.{CY(}�J'Y u _ T r blpi4� L 3 #. 21 {■/( [_/mil slx,.'bFTy-�"\i/ { v _ Date.K'_ '�, !� 7.3C;4 ;� •F, '3i¢A6t22l2022 `.,#Counljr,fudgeApproval.�cL z ._ 1 pg.r- vd:—, - E BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122.37.2 6/28/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 1,005.00 General Fund County Jude Salary and Wages Expenditure 804.00 General Fund CountyJudge Benefits Expenditure 201.00 County Judge To reallocate funding for personnel reclassification approve on Juno 21, 2022. � .S'� •;23�sp 4'vyy��—`.`�. '{z- �g..,�.�xey t.J.,� �,"rtk f£ _ S'r Iy ft riu. 011lltj/w3ll'Jd'?A.... �u. Vol. Pg. ��� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 37.3 6/28/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Su ort Expenditure 28,500.00 General Fund Juvenile Services - Detention Departmental Support Expenditure 28,500.00 Juvenile Services -Detention To reallocate funding for increased utility costs at the Juvenile Detention Center. 77. GxCounty JudgefPProvalp ,l ?Date E E Pg- rij BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 37.4 6/28/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Commissioners' Court -Non Capital Facilities Services -Non Capital Repairs and Maintenance Expenditure 9,605.00 Commissioners' Court - Non Capital Juvenile Services - Non Capital Contract Services Expenditure 9,605.00 Juvenile Services -Non Capital To reallocate funding for replacing windows at Juvenile Services '4 d• 7 r$4Coinfy.ludgAppry ovals Dates _ va. �3b3 _ Pg. �_ Personnel Change of Status (Jun 23,2022) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 06-28-2022 Human Resources Consider and Take Action on Change Employment De0artmentWine,,, "Iiq-ployeeNambf-� Information Technology - Administration Adair, Wiliam V4 Separations '•Department Name .17n loyee Name Sheriff Office - Jail Administration Brinson, Dustin Sheriff Office - Jail Administration Hernandez, Maribel Sheriff Office - Jail Administration Novviln, Meakeyleetriecelavia Purchasing -Administration Parks, Paige Approved in Commissioners' Court: 06-28-20 2 County Judge's or Commissioner's Signature: ------ (This Copy to be attached to minutes) Vol. p9• PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 06-28-2022 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 County Judge 'Roach, Kimberly Change of Status Approved in Commissioners' Court: 06-28-2022 : County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 3 b3 Pg, oi'