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2022-07/05 10:00AM REGULAR SESSION
BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JULY 5, 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.COWBRAZOS000NTYTX Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Cauley 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 - 36 3. Discuss and take action to approve early voting locations and hours for the November 2022 General Election. 4. Request from Constable Pct. 3 for Grant Application Approval. 5. Approval to accept a two-year grant of $1,859,900 from the Texas Indigent Defense Commission for the Public Defender Office. 6. Request from Risk Management for approval for acceptance of a $200 Walmart gift card from Wiltons to be used for food purchases for the Health and Safety Expo on June 23, 2022 for Brazos. County and the cities of Bryan and College Station. 7. Approval of the Amended Resolution establishing the structure of the Salary, Grievance Committee. 8. Selection of public members and alternates to serve on the Brazos County Salary Grievance Committee for calendar year 2022 pursuant to Section 152.015 of the Texas Local Government Code. 9. Approval of the following appointments to the Homeland Security Advisory Committee for the Vol. Pg. unexpired term ending March 31, 2023: • a. Jeanelle Gottlob (COB EMC) to replace Cory Matthews - City of Bryan • b. Chief Rich Giusti (COB Fire Chief) - City of Bryan 10. Approval of the Amended Order Regulating Fees for Non -Consent Tows in the Unincorporated Area of Brazos County. 11. Request from Risk Management for approval of Liability Renewal Questionnaire and Schedule with Texas Association of Counties which includes the following: • a. Automobile Liability • b. Automobile Physical Damage • c. General Liability • d. Public Officials Liability • e. Law Enforcement Liability 12. Approval for the following item(s) to be included in the Brazos County Proposed FY 2022-2023 Budget. • a. FY 2023 Merit Distribution Policy 13. Request approval to wire transfer up to $3,596,581.82 from the Brazos County Local Provider Participation Fund for DSRI P DY 10 Round 3 for qualifying hospitals. 14. Approval to issue a county Diners Club card to Sheriff's Office Jail employee, Abigail Belangeri, with a limit of $10,000.00 to be used for training and hotel reservation for staff. 15. Approval of Amendment #2 to Contract 22-082, Various Aggregates, Cold Mix and Other Road Materials with Statewide Materials Transport, to extend the fuel surcharge due to fuel price fluctuations. 16. Award of BID #22-130 Temporary Employment Services. Recommended Award: Express Employment Professionals. 17. Approval of Contract #22-148 for Residential Services with Gulf Coast Trades Center. 18. Approval of Contract #22-149 for Residential Services with Gulf Coast Trades Center. 19. Approval of the following committee for the evaluation of proposals for RFP #CIP 22- 515 Courthouse Security Enhancements. • a. William (Bill) Hadley • b. Fred Paine • c. David Villarreal • d. Purchasing (Non -Voting) • e. Legal (Non -Voting) • f. Treanor -Architect (Non -Voting) 20. Permission to advertise RFP #CIP 22-515 Courthouse Security Enhancement. 21. Approval of Change Order#1 to Contract#CIP 22-615 JP/Constable Pct. 1 Building Site Work for additional 10 days due to unforeseen conditions. 22. Award of RFP #CIP 22-640 Brazos County Bridge Scour Repair. Recommended Award: Fuqua Construction. 23. Award of RFP #CIP 22-643 Jack Manning Bridge Replacement. Recommended Award:, Fuqua Construction. 24. Consider and take action on the Brazos W I F I utility permit to conduct 4 - 60' road bores and lay 6,160 feet of fiber optic cable for internet services along Wilcox Lane. Sites are located in Precinct 2. Vol. :3,6 Pg. �_. 25. Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 12" Polyurethane water line within and along the right-of-way of Jack Creek Road a distance of 8,800 feet. Project will provide water to oil well. Site is located in Precinct 2. 26. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Shirley Road 1,600 feet north of Grassbur Road. Site is located in Precinct 2. 27. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Riley Road 3,250 feet north of Grassbur Road. Site is located in Precinct 2. 28. Consider and take action on the Bryan Texas Utilities utility permit to install an underground electrical crossing under Cotrone-Dix Lane 2,345 feet southwest of FM 50. Site is located in Precinct 4. 29. Approval of the Final Plat of Mirza Subdivision Block 1, Lot 1 and Right of Way Dedication being 5.293 Acres out of the Alexander de la Garza Survey, A-18; Brazos County, Texas. Site is located in Precinct 4. 30. Tax Refund Applications for the following: Overpayments • a. S. Dhuka, LLC - $53.00 • b. Elsa Vega Torres - $16.40 31. Commissioners Court minutes for the following dates: • June 07, 2022 - Regular Meeting • June 07, 2022 - Workshop Session -Elections Process • June 07, 2022 - Workshop Session -Budget • June 14, 2022 - Regular Meeting • June 14, 2022 - Workshop Session -Budget • June 21, 2022 - Regular Meeting • June 21, 2022 - Workshop Session -Budget • June 28, 2022 - Regular Meeting • June 28, 2022 -Workshop Session 32. BudgetAmendments. • Budget Amendments FY 21 /22 38.1 — 38.11 33. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 34. Payment of Claims. 35. Convene into Executive Session Pursuant to the following: • a. Texas Government Code §551.0725 to deliberate business and financial issues related to two (2) different contracts being negotiated • b. Texas Government Code §551.074 to discuss the appointment, employment, Vol. Pg. evaluation, reassignment, or duties of the Expo General Manager • c. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of Expo Personnel 36. Consider and possible action on Executive Sessions. 37. Acknowledgement of FY 2021-2022 Budget to Actuals by Funds as of June 29, 2022. 38. Juvenile director's report on detention population. 39. Sheriff's report on inmate population. 40. Announcement of interest items and possible future agenda topics. 41. Call for Citizen input and/or concerns 42. Adjourn. Vol. pg. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda item 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 meting. 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 meting. 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 meting 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.COM/BRAZOS000NTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. 14pg. MINUTES . J U LY 5, 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, July 5, 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; I rma 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 Cauley 2. Call for Citizen input and/or concems Roy Flores discussed the need for more election workers. Mr. Flores suggested utilizing youth in need of community service hours as election workers. Ronnie Vitulli gave input on adding a voting location to rural Brazos County, noting the difficulty that some rural residents face in getting to the current polling places. Mr. Vitulli recommended the closure of Arena Hall and potentially opening the Kurten Community Center. He stated that he is waiting on feedback from the Board of Directors to confirm the Community Center's availability. Vol. .P9. __� Michael Hojnacki concurred with Ronnie Vitulli and added that by not having a polling place in the rural part of East Brazos County, the Court is disenfranchising voters. Consider and take action on agenda items: 3 - 36 3. Discuss and take action to approve early voting locations and hours for the November 2022 General Election. Commissioner Ford offered a motion to approve the list of Early Voting locations and hours, the motion was seconded by Commissioner Bevy. Commissioner Ford then offered a motion to amend the agenda item as follows: 1. To include two polling places in each precinct. Recommended additions to include Castle Heights, MSC, Millican and Kurten Community Center. 2. To extend early voting times to 7:00 a.m. - 7:00 p.m. for both weeks of early voting. The motion to amend was seconded by Commissioner Aldrich. Commissioner Aldrich asked to change Millican to Wellborn Community Center. Judge Peters interjected that these locations needed to be properly vetted prior to Commissioner Court approval. Commissioner Ford stated that Elections Administration staff was instructed to look into these locations last week. Commissioner Cauley made a motion to vote separately on the two proposed amendments, as she is only able to support the extension in early voting times. Commissioner Berry seconded her motion. At this time, Judge Peters called on the citizens that requested to speak. Sherry Ellison expressed her support in opening more polling locations. Specifically, Ms. Ellison wishes to see MSC reopened. Roy Flores asked that the Court remain consistent in times and polling locations. Mr. Flores then stated his belief that the Court always keeps the Brazos Center open as a polling location in an effort to secure Republican votes. Judge Peters rebutted the claims stating, the Brazos Center is a County owned facility that the Commissioners Court has sole discretion in using for elections. Eliminating the need to coordinate with a third party and making it a convenient location to designate as an election site. Diana Davis gave input on the difficulty in finding knowledgeable election workers that are able to work for the hours already in place. Ms. Davis is concerned that extending the hours will exacerbate the ongoing election worker shortage problem and lead to botched elections. Bryan City Secretary Mary Lynn Stratta thanked the Brazos County Elections Administration for the excellent job that they do, noting how much work goes into preparing for an election. Ms. Stratta stated that she was shocked to learn that the County is considering adding locations without ever consulting the City of Bryan as an election partner. She explained that based on the signed and executed agreement with the County, there are only supposed to be five locations and if the County intends to add E Pg.-'- more, the City will not pay an additional amount for those sites. The City of Bryan is. happy to assist the County in recruiting more election workers but if more sites are added, the City will look into acquiring its own election equipment. Ms. Stratta also encouraged the Court to confirm the proposed additional voting sites are ADA compliant. Commissioner Aldrich asked if the City would be on board with the additional hours, to which Ms. Stratta indicated they would. Commissioner Ford then asked about the City's position on closing Arena Hall. Ms. Stratta stated that she would need to consult the City Council in order to answer. County Clerk Karen McQueen followed up on Ms. Stratta's remarks, emphasizing the confusion it would bring if the City does decide to host its own elections. It could create problems with mail -in ballots, confusion on how to use different equipment and different polling locations for each election. Ms. McQueen stated that it would certainly make voting more difficult for the citizens. College Station City Secretary Tanya Smith stated that the City of College Station also would not support the addition of more polling sites. Republican Party Chair Elianor Vissali expressed concern over the proposed polling site additions. Ms. Vissali feels this is a knee-jerk reaction to the issues from the May 24, 2022 Primary Runoff. She explained that if more polling sites are added, there would not be enough time to recruit more trained elections workers. This could create issues with the election. Carol Nichols asked that the Court be consistent with early voting times and noted the issues she has with the additional polling sites. Ms. Nichols reiterated the sentiments of previous speakers regarding difficulty in recruiting elections workers. Mike Southerland supports approving the MSC ,and Kurten Community Center as additional polling sites. He stated that the Court needs to make voting accessible to everyone. Adana Marin,. a Texas A&M University student also spoke in support of opening the MSC for elections. The Commissioners Court entered into further discussion on the matter. Elections Administrator Trudy Hancock explained the issues with the proposed additional sites such as, Zion Baptist Church being unavailable and Kurten Community Center not meeting ADA compliance. Judge Peters asked Elections Administration if expanding the early voting hours was feasible. Krystal Ocon replied that while the election workers would be willing to put in the extra hours, they would like a pay increase. The Court voted unanimously on the second amendment to extend the hours of 7:00 a.m. through 7:00 p.m. for both weeks of early voting. Motion: Approve w/ Conditions, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. Commissioner Ford withdrew his amendment for the additional sites and Commissioner Vol.`I P9• E 0 5. Aldrich withdrew his second. After further discussion the Court voted on the original list of early voting locations attached hereto. The Court voted to approve four to one, with Commissioner Ford voting against. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 4-1. Ayes: Aldrich, Berry, Cauley, Peters. Nays: Ford. Request from Constable Pct. 3 for Grant Application Approval. A copy of the grant application is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford'r Peters. Approval to accept a two-year grant of $1,859,900 from the Texas Indigent Defense Commission for the Public Defender Office. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 6. Request from Risk Management for approval for acceptance of a $200 Walmart gift card from Wiltons to be used for food purchases for the Health and Safety Expo on June 23, 2022 for Brazos County and the cities of Bryan and College Station. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 7. Approval of the Amended Resolution establishing the structure of the Salary Grievance Committee. A copy of the .amended resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 8. Selection of public members and alternates to serve on the Brazos County Salary Grievance Committee for calendar year 2022 pursuant to Section 152.015 of the Texas Local Government Code. Judge Peters drew the names of the members and alternates in the following order: 1. Charles Jones 2. Leslie Smith 1 David Breeding 4. Jill Ross 5. Matthew Marek 6. Elizabeth Deurmeyer 7. David Trettin 8. Kelly Kyle 9. Michael Krenz Vol, J( Pg. q 10. Beverly Brown 11. Anthony Schneider 12. Alejandro Medina 13. Michael Guy , 14. Stephani Lafferty 15. Yolanda Hunter 16. Tommy Garcia 17. Adam Zaragoza 18. Sherry Sutton 19. Rodney Wellman 20. Jaime Hardy 21. Christina Pepper 22. Vincent Kelly 23. Rene Benson 24.. Joan Davis 25. Howard Tomlinson 26. Matthew I Twin 27. Elizabeth Hurley 28. James Dozier 29. Eve Peacock 30. Howard Mitchell 31. Jill Myers 32. Amanda Ruiz 33. Heather Michalsky 34. Robert Costello 35. Daniel Quilty 36. Darrell Crain 37. Carlos Bogran 38. Richard Avery 39. John Nichols 40. Christina Bishop 41. Elizabeth Osborne 42. Steven Lovett 43. Gustavo Roman 44. Teresita Fernando 45. Sean Jurica 46. Linda Smith 47. Jason Plattenberger 48. Alfredo Arellano 49. Kerra Clement Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 9. Approval of the following appointments to the Homeland Security Advisory Committee for the unexpired term ending March 31, 2023: • a. Jeanelle Gottlob (COB EMC) to replace Cory Matthews - City of Bryan • b. Chief Rich Giusti (COB Fire Chief) - City of Bryan Vol. 3-6 Pg. /0 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 10. Approval of the Amended Order Regulating Fees for Non -Consent Tows in the Unincorporated Area of Brazos County. Commissioner Ford noted that the current fees have not changed but this Order requires a new tow fee study be performed to set the fees. A copy of the amended order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 11. Request from Risk Management for approval of Liability Renewal Questionnaire and Schedule with Texas Association of Counties which includes the following: • a. Automobile Liability • b. Automobile Physical Damage • c. General Liability • d. Public Officials Liability • e. Law Enforcement Liability Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 12. Approval for the following item(s) to be included in the Brazos County Proposed FY 2022-2023 Budget. • a. FY2023 Merit Distribution Policy A copy of the policy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 13. Request approval to wire transfer up to $3,596,581.82 from the Brazos County Local Provider Participation Fund for DSRI P DY 10 Round 3 for qualifying hospitals. 1 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 14. Approval to issue a county Diners Club card to Sheriff's Office Jail employee, Abigail Belanged, with a limit of $10,000.00 to be used for training and hotel reservation for staff. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 15. Approval of Amendment #2 to Contract 22-082, Various Aggregates, Cold Mix and Other Road Materials with Statewide Materials Transport, to extend the fuel surcharge due to fuel price fluctuations. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 16. Award of BID #22-130 Temporary Employment Services. Recommended Award: Express Employment Professionals. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid Contract 22-130 Temporary Employment Services to Express Employment Professionals. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes, Aldrich, Berry, Cauley, Ford, Peters. 17. Approval of Contract #22-148 for Residential Services with Gulf Coast Trades Center. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 18. Approval of Contract #22-149 for Residential Services with Gulf Coast Trades Center. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 19. Approval of the following committee for the evaluation of proposals for RFP #CIP 22- 515 Courthouse Security Enhancements. • a. William (Bill) Hadley • b. Fred Paine • c. David Villarreal • d. Purchasing (Non -Voting) • e. Legal (Non -Voting) • f. Treanor - Architect (Non -Voting) Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 20. Permission to advertise RFP #CIP 22-515 Courthouse Security Enhancement. Vol. J4 Pg. 4- Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 21. Approval of Change Order #1 to Contract #CI P 22-615 J P/Constable Pct. 1 Building Site Work for additional 10 days due to unforeseen conditions. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Other. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 22. Award of RFP #CI P 22-640 Brazos County Bridge Scour Repair. Recommended Award: Fuqua Construction. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP CIP 22-640 Brazos County Bridge Scour Repair to Fuqua Construction.. A copy of the contract and bid tabulation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ'Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 23. Award of RFP #CIP 22-643 Jack Manning Bridge Replacement. Recommended Award: Fuqua Construction. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP Cl P 22-643 Jack Manning Bridge Replacement to Fuqua Construction. A copy of the contract and bid tabulation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 24. Consider and take action on the Brazos WI FI utility permit to conduct 4 60' road bores and lay 6,160 feet of fiber optic cable for intemet services along Wilcox Lane. Sites are 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. 25. Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 12" Polyurethane water line within and along the right-of-way of Jack Creek Road a distance of 8,800 feet. Project will provide water to oil well. 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. Ya. P9. 13 26. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Shirley Road 1,600 feet north of Grassbur 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. 27. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing .under Riley Road 3,250 feet north of Grassbur Road: Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 28. Consider and take action on the Bryan Texas Utilities utility permit to install an underground electrical crossing under Cotrone-Dix Lane 2,345 feet southwest of FM 50. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 29. Approval of the Final Plat of Mirza Subdivision Block 1, Lot 1 and Right of Way Dedication being 5.293 Acres out of the Alexander de la Garza Survey, A-18; Brazos County, Texas. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 30. Tax Refund Applications for.the following: Overpayments • a. S. Dhuka, LLC - $53.00 • b. Elsa Vega Torres - $16.40 Motion: Approve, Moved by Commissioner I rma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford„Peters. 31. Commissioners Court minutes for the following dates: June 07, 2022 - Regular Meeting June 07, 2022 - Workshop Session -Elections Process Vol. Pg. / `� • June 07, 2022 -Workshop Session -Budget • June 14, 2022 - Regular Meeting • June 14, 2022 - Workshop Session -Budget • June 21, 2022 - Regular Meeting • June 21, 2022 - Workshop Session -Budget • June 28, 2022 - Regular Meeting • June 28, 2022 - Workshop Session Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 32. Budget Amendments. • Budget Amendments FY21/22 38.1 — 38.11 38.1 Reallocate funds for Facility Services. 38.2 Reallocate funds for Road and Bridge. 38.3 Reallocate funds for Road and Bridge. 38.4 Reallocate funds for Court Support. 38.5 Reallocate funds for County Auditor. 38.6 Reallocate funds for Risk Management. 38.7 To recognize revenue from the Texas Indigent Defense Commission Grant. 38.8 Transfer Contingency funds to Fleet Services. 38.9 Transfer Contingency funds to'Sheriff's Office. 38.10 To recognize revenue from the Texas Juvenile Justice Division Grant R- Regionalization. 38.11 To recognize revenue from the Texas Juvenile Justice Division State Aid. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 33. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 34. Payment of Claims. Claims 8116080 — 8116242 9005241 — 9005301 Vol. ___ Pg. S Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 35. Convene into Executive Session Pursuant to the following: • a. Texas Government Code §551.0725 to deliberate business and financial issues related to two (2) different contracts being negotiated • b. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, or duties of the Expo General Manager • c. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of Expo Personnel At this point, the County Judge announced the Court would consider items 37 through 41 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 Cauley to meet in closed Executive Session as per Mr. Bull's recommendation. The motion was seconded by Commissioner Berry and motion passed unanimously. At 11:32 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: Aubrey Leggett, Special Projects Administrator Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Katie Conner, Auditor (a) Charles Wendt, Purchasing Agent (a) Kimberly Roach, I ntergovemmental. Liaison (a) Jennifer Salazar, Human Resources Director (b and c) Raeanna McConathy, Human Resources (b and c) 36. Consider and possible action on Executive Sessions. At 12:43 p.m. the County Judge announced the meeting open to the public. On motion by Commissioner Berry, seconded by Commissioner Cauley, the Court voted unanimously on Executive Session (a) to designate up to $150,000 of ARPA funds to the remodel of the former Bryan ISD building. No action was taken on Executive Sessions (b) and (c). 37. Acknowledgement of FY 2021-2022 Budget to Actuals by Funds as of June 29, 2022. The Court acknowledged receipt of the 2021-2022 Budget to Actuals by Fund as of June 29, 2022. 38. Juvenile director's report on detention population. , Juvenile Director Linda Ricketson reported there are 48 juveniles in the detention center, 38 are male and 10 are female, and 35 have electronic monitors. Vol. P9 39. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 649 inmates in jail, 543 inmates are male and 106 are female, 55 have electronic monitors and 16 are pending for processing. 40. Announcement of interest items and possible future agenda topics. Commissioner Berry congratulated Commissioner Aldrich on the groundbreaking of the new Constable and Justice of the Peace, Precinct 1 building. Commissioner Aldrich thanked all those involved in bringing the project to fruition including, Justice of the Peace and Constable, Precinct 1, Road and Bridge, Purchasing and Barbara Smith. Commissioner Aldrich is excited to have a comparable facility to the other Precinct offices. 41. Call for Citizen input and/or concerns Roy Flores followed up on his earlier comments regarding training the youth as poll workers. Mr. Flores wishes to see the County implement a training program. Commissioner Cauley commented that there is already a program in place. 42. Adjourn. Vol.. Ll Pg. � 7 The foregoing minutes of the Commissioners Court Meeting held July 5, 2022 have been examined and are approved in open Court this 9th day of August 2022, in Bryan, Brazos County, Texas. Duane Peters County Judge Russ Ford Commissioner, Precinct 2 Irma Cauley Commissioner, Precinct 4 Attest: C/x�ztl� ��� 1--- Ka n McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 7�; o Nancy Berry Commissioner, Precinct 3 Pg l of 'I BRAZOS COUNTY COMMISSIONER'S COURT " DAY OFF , 20 ��- 0; 00 Name 2 -mn� ZA 4y?,�-f-- � �1� M, Organization (PLEASE PRINT) �W 4 ;MIMI- V1 ez CA.,; Go mot.-.C;b17 j/tA 12cP/V/ S v �1�0 e l e- �s f 1,4i2 K/ +e- EVol. e P9 Pg�- of 4 BRAZOS COUNTY COMMISSIONER'S COURT w Name (PLEASE PRINT) w A„S4in M I c 6 �I AY OF 20 Organization (PLEASE PRINT) C) God G oe CJ� Al eOY 3CsL vokv Vol, 7 pg. Pg 3 of 4 BRAZOS COUNTY COMMISSIONER'S COURT DAY OFF u (� , 20 c")a 1.0 Name (PLEASE PRINT) Gc?wi n,x era— P -� .. ouL:� I AAvcv C�- 61 Organization (PLEASE PRINT) ►�eed�s ��� 1n1o�'�s _uCl /JCXD v� Vol. 34 P9• J Pg =l of BRAZOS COUNTY COMMISSIONER'S COURT DAY OF U , 20 �a-j- 0 : o OAM/PM9 Ke,� Name (PLEASE PRINT) Organization (PLEASE PRINT) g4 G Vol. Pg. DEPARTMENT - DATE OF COURT MEETING ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name 2022 Nov EV Election Schedule.pdf BRAZOS COUNTY BRYAN,TEXAS NUMBER: 7/5/2022 in Discuss and take action to approve early voting locations and hours for the November 2022 General Election. Commissioners Court 06/30/2022 False False $0.00 Description Early voting locations Type Cover Memo s(a a Duane Peters Date County Judge Vol. d�� Pg. 2022 GENEPAL FAXCTION EASY VoTE ScHmEm ElEcnoN DAB`: NOVEMER 8s 2022 (ELECQdNGENERAL DE 2022 HORARIODELA TJbTACIONADELANTADA DjADEELECCI6N. 8DENOVIEMBRE, 2022) EARLY VOTE: * October 241'— 281b 8:00am — 5:00pm Monday — Friday October 291 7:00am — 7:00pm Saturday October 30`b 10:00am-4:00pm Sunday October 31'— November 4'b 7:00am — 7:00pm Monday — Friday EARLY VOTE SITES: (NIHOSDE VOTACIONADELANTADA) Brazos County Election Administrator Office (McLeod Training Rm) 300 East Wm. J. Bryan Pkwy, Suite 100, Bryan, Texas Arena Hall — 2906 Tabor Road, Bryan, Texas Galilee Baptist Church — 804 N. Logan, Bryan, Texas College Station Utilities Meeting & Training Facility —1603 Graham Road, College Station, Texas College Station City Hall —1101 Texas Avenue, College Station, Texas Last Day to receive an application for ballot by mail is Friday, October 28, 2022 @ 5:00pm. We can mail applications for the voter to fill out and return back to us or the voter can write a letter stating their name, local address, address where they are, reason why their voting absentee and it must include the voters signature. The voter can fax from out of county or mail it into us. They may NOT walk an application in the office if early voting has started. If mailing, send it to: (El ultimo dia para recibir una solicitud Para una boleta por correo es Viers:es el 28 de Odubre de 2022 a [as 5.00 de la tarde. Podemos mandar formularios al votante para que los llenen y devuelvan o el votante puede escribir una carta con sit nombre� di wd6n local, la direccfon donde esuk la razon por sit ausencia y hay que inch dr la firma del votante El votante puede mandarlo por fax desde afuera del condado o mandtimoslo por correct El votante NO PUEDE traer una solicitud por mano a la oficina si la votacidn adelmuada ha empezada. Si mandando por correo mdndalo a:) Brazos County Elections Administrator Office 300 E. Wm. J. Bryan Pkwy, Ste: 100 Bryan, TX 77803 979-361-5770 —Phone 979-361-5779 — Fax Vole Pg. Date: 06/28/2022 Requesting Department: BRAZOS COUNTY, TEAS GRANT APPLICATION APPROVAL FORM Brazos County Precinct 3 Constable's Office Grant Title: Equipment Donations to Underfunded Departments Granting Agency. United States Deputy Sheriffs Association Amount Requested: $ 0.00 Grant Term (Beg/End): 01-01-2022 - 12-31-2022 Project Description: This is an equipment dontatlon grant that does not have a monetary value. The request that will be submitted Is for ballistic shields for the Brazos County Precinct 3 Constable's Office. Will this grant fund salary & benefits? [:] Yes [E No 7s there County Match requirement? ❑ Yes a No Are there financial reporting requirements? [] Yes 7 No Who will be reporting? . Deputy Chris Giordano *Please include all available backup documentation with the approval form. All grants are 4Authorized et een ra County and the granting agency and should be approved by nersCourt prior the application submission. Signature Approved by Co fission urt this day of c�U t-`� oZOoZoL . Commissioners Court-A-plYroval Vol. JTKLL Pg. a�s ML i 1 - STATES 7' UNITED t�C % ASSOCIATION 0 Application for Donated Safety Equipment from USDSA • Please visit our equipment donations (law- enforcementprams/usdsa-equipment donations.htmi) page to see the types of safety equipment (ballistic equipment, first -aid equipment, PBTs, road spike strips, etc.) we give. For equipment beyond the scope of our equipment donation program (tasers, firearms, vehicles, body cameras, etc.), please look at our cash rant application Maw - enforcement programs/cash-grant request.html • Please prioritize your request. We do all that we can, but due to the number of requests we receive, we cannot -fulfill every request • Departments are not eligible to request equipment more than onetime in a calendar year. • An application for the grant program renders an agency ineligible to apply for the USDSA Donated Safety Equipment program in the same year. • Note, all equipment is donated to agencies, not to Individuals. Please have an administrative person (chief, Vol. Pg. 04 assistant chief, captain, etc.) fill out the form. Today`s Date 06-28-2022 Agency(*) Your Name(*) Your Rank(*) Your'Emali (*) Contact Person (*) Contact Person's Rank(*) Phone (*) Address (*) city(*) state (*) Please Select Zip Code (*) vo9. �� Pg. atl Department Size(*) Requested Equipment(*) Media Release We give unrestricted permission of images and letters/testimonials to be used by the USDSA in print and digital media. We agree these images/writings may be used without further notification for distribution/publication by USDSA. Such use includes the display, distribution, publication, transmission, or otherwise use of photographs, images, written testimonials, and/or video taken use in materials that include, but may not be limited to, printed materials such as brochures and newsletters, videos, digital images such • as those on the USDSA website, and on -social media platforms (including but not limited to Facebook, Twitter, and Instagram). I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use. M. 4 We agree 0 We do not agree protected by reCAFrCHA Privacy -Terms i SUBMIT Vol. - P9• WHO WE ARE USDSA is a 501(c)(3) national non-profit organization dedicated to the assistance and support of law enforcement, their families, and their communities. Learn more about USDSA (/about.htm0. SUPPORT OUR CAUSE DONATE TODAY (/CONTACT/MAKE A DONATION.HTML) CFC #.12631 CONTACT USDSA 2233 S. West St. Ct. Wichita, KS 67213 (316) 263-2583 — office (212) 302-8277 ext. 2 — sweepstakes Email (/contact/email.html) I Policies (/policies.html) ( Site Aapj/site-mapi) .htm © USDSA. All Rights Reserved. Vol. Pg. o v f RI-M7,h—ly.Y Tjy74L i!Il.:'!it}::lU.Oj�[,U(i i7i;,b,;Q / 11 +i i �) t.II7 ilir.;��;�; [�! :y: • Vol. 34 -.pg.. 30 13TIDC TEXAS INDIGENT DEFENSE COMMISSION CHAIR: June 24, 2022 The Honorable Sharon Keller Presiding Judge Court of Criminal Appeals The Honorable Duane Peters Ex OFFTOIOMMMMIS: Brazos County Judge Honorable Sharon Heller Via E-mail: d-o eters@brazoscountvtx.gov Honorable Nathan Hecht • — Honorable John Whitmire Honorable Brandon Creighton RE: Statement of Grant Award — Grant Number #PB-22-021 Honorable Nicole Collier Honorable Reggie Smith Honorable Sherry Radack Honorable Vivian Torres Dear Judge Peters: MEN1BERsAppoiNTED BY GoV mm. Mr. Alex Bunin Honorable Richard Evans I am pleased to inform you that the Texas Indigent Defense Commission has awarded Mr. Gonzalo Rios Honorable MissyMedary Brazos County a two-year grant of $1,859,900 for the Public Defender Office. Honorable Valerie Covey This is a two-year grant with no county matching requirement. In order to meet ExEcw=DMECTOR: available resources, the proposed budget has been reduced and the award is based Geoffrey Burkhart on a 50 % phase -in of the office during the first year. Your Statement of Grant Award is attached. Please sign, scan, and return via e-mail the Statement of Grant Award to Edwin Colfax at ecolfax@tidc.texas.gov: You do not need to mail a copy. Congratulations to Brazos County on taking the lead in Texas by developing this indigent defense program. If you have any questions or need clarification of the information contained in this letter or the attached Statement of Grant Award, please contact Edwin Colfax, TIDC's Director of Grant Funding at (512) 463-2508. Sincerely, Sharon Keller Chair, Texas Indigent Defense Commission Presiding Judge, Court of Criminal Appeals Copy: Katie Conner, Brazos County Auditor, kconner@co.brazos.tx.us Edward Bull, EBull@brazoscountyts.gov Texas Indigent Defense Commission 209 West 141h Street, Room 202 - Austin, Texas 78701 www.tide.texas.gov Phone: 512.936.6994 / VOL � Pg. TEXAS iN-1 IT DEFENSE COM@]iiSSiON FY2022 Improvement Grant Statement of Grant Award GrantNumber: PB-22-021 Grantee Name: Brazos County Program Title: Public Defender Office Grant Period: 7/1/2022-6/30/2024 Grant Award: $1,859,900 The Texas Indigent Defense Commission (herein, the Commission) has awarded the above -referenced grant to Brazos County (herein, the County) for indigent defense services. The authorized official named on the grant application must sign this Statement of Grant Award and return it to the Commission. The grantee will not receive any grant funds until this notice is executed and returned to the Commission. Funding is provided as listed in the categories in the table below: . Direct Costs — 24 months, 50% year 1 phase -in 1) Personnel Salaries gotal Number of FTEs:10 $1,164 000 2) Fringe Benefits $531,000 3) Travel and Training $24,700 4) Equipment and Start-up $36,000 5 Su Hes $12,000 6) Contract Services $92,200 7) Indirect Costs 0 Total Approved Budget $1,859,900 Less Cash from Other Sources- County Match 0 Total Amount Funded by Commission $1,859,900 Standard Grant Conditions: • The authorized official for the grantee must accept the grant award by signing below. • The authorized official, financial officer, and program director, referred to below as grant officials, must comply with the terms of the grant as written in the Supplemental Request for Applications issued in January 2022, including the rules and documents adopted by reference in the Commission's Grant Rules in Title 1, Part 8, Chapter 173, Texas Administrative Code. • The grant officials understand that a violation of any tern of the grant may result in the Commission placing a temporary hold on grant funds, permanently de -obligating all or part of the grant funds, requiring reimbursement for fiords already spent, or barring the organization from receiving future grants. • Disbursement of funds is always subject to the availability of funds. • The grant officials agree to follow the grant terms contained in the "Terms and Conditions" contained in Attachment A, which includes the final grant application. • Any indigent defense plan documents submitted to the Commission must continue to meet all grant eligibility requirements. • The judges hearing criminal and juvenile matters must update the Indigent Defense Plan for their respective courts as needed to include the program fimded under this award and submit it to the Commission by November 1, 2022. Vol. pg. 3� T1DC Statement of Grant Award, Brazos County Public Defender Office, Backlog Reduction The authorized official for this grant program has read the preceding and indicates agreement by signing the Statement of Grant Award included below. Qx A -a iF- P -ram (LS c ujry USE Name & Title (please pant) Date Vol. Pg. 3 3 TIDC Statement of Grant Award, Brazos County Public Defender Office, Backlog Reduction 2 of 11 AttachmentA Terms and Conditions In addition to the program requirements stated in the Request for Applications (RFA) these specific program requirements apply to this funded program. 1. This grant provides 24 months of funding with no required county match. The proposed budget has been reduced to meet available grant resources and is based on a 50% phase -in of the operation in the first year, with 100% funding in the second year. If the start of the program occurs after the beginning of the grant term on this award, the County may request an extension of the grant term. The Commission has also approved a finding plan to transition this program to a standard 4-year Improvement Grant after the end of this award, under which grant reimbursement of the approved program budget is based on 801/o funding in the first year, 60% in the second year, 40% in the third year, and 20% in the final year of grant funding. 2. Grant finds are distnbuted quarterly on a reimbursement basis. The county must submit quarterly grant program expenditure reports to obtain reimbursement of the scheduled percentage of expended funds based on actual expenditures. See the Timeline for Reporting and Fund Distribution at the end of this document for dates. 3. This grant requires quarterly progress reports. TIDC will create an on-line progress report to document the work performed in this program and other information necessary to evaluate the impact of the program. The county will be able to request modifications to the on-line report when the progress report items do not accurately reflect the work performed. See the Timeline for Reporting and Fund Distribution at the end of this document for dates. 4. In addition to quarterly progress reports, the County must submit quarterly program staffing reports that document hire dates, separation dates, transfers, and actual salaries and fringe benefits costs for each funded position. 5. The County must develop and maintain a Public Defender Oversight Board in accordance with Texas Code of Criminal Procedure Article 26.045 to oversee the operation of this program. The Countymust submit a draft policy detailing how the members are selected and the duties and procedures of the board to TIDC for feedback and approval prior to finalization. See TIDC guidance in A Guide to Public Defender Oversight Boards at .vww.tidc.texas.gov/media/8d8caO8fbfc7c34/a- Wde-to:pmblic-defender-oversight-boards-jan- 2021.pdf. 6. The Oversight Board must meet at least quarterly. The program's Oversight Board is responsible for recommending to the Commissioners Court the selection of the Chief Public Defender. The Chief Public Defender will be responsible for the implementation of this program and will hire staff sufficient to operate the department. Staffing with attorneys and support personnel must be supported by sufficient caseloads. 7. The County must provide to TIDC the minimum job requirements and a full job description of the staff positions specified under this project for feedback and approval before positions are publicly posted. 8. If not provided with the grant application, grantees must develop a brief Leadership Selection Plan in consultation with TIDC that outlines the recruitment and selection of the program's chief defender. See TIDC guidance in Texas Chief Defender Sample Huing Rubric, and Sample ChiefPublic Defender Job Description, available at httpd/www.tidc.texas. og yTmMrovement/systembuildintr/. 9. The County must develop or maintain a written policy that includes caseload standards for the public defender office as required in Texas Code of Criminal Procedure Articles 26.044 and that is consistent with research based weighted caseload guidelines published by TIDC. The caseload policy mustrequire the Chief Public Defender to review caseloads at least quarterly. The ChiefPublic Defender must notify TIDC and the program's Oversight Board in writing within 30 days if caseloads exceed the adopted standards. TIDC will review caseloads exceeding TIDC published guidelines and may withhold program funding based on excessive caseloads. 10. A Public Defender Office Case Representation Policies and Procedures Manual must be developed and provided to the Commission with the second quarterlyprogress report The Public Defender Office should considerrelevantprofessional standards ofrepresentation such as the Texas State Bar Performance Guidelines for Non -Capital Criminal Defense Representation when developing the manual. Any revised versions of the Policies and Procedures Manual must be submitted with regular quarterly progress reports. 11. The program must record attorney and support staff work time in a manner that allows for accurate completion of the Indigent Defense Expenditure Report andPublic Defender Addendum Records must contain sufficient detail to allocate time and salary across categories of offenses (capital, non -capital felony, misdemeanor, juvenile, felony appeals, misdemeanor appeals, and juvenile appeals) and to document the number of cases disposed by attorney for each court Vol.Pg. TfDC Statement of Grant Award, Brazos County Public Defender Office, Bad dog F e uc n "' o 12. Requests to revise the scope, target, or focus of the project, or substantively alter project activities require advance written approval from TIDC. Budget adjustments consisting of reallocations of funds among or within budget categories in excess of $10,000 or ten percent of the original approved budget, whichever is less, are considered budget adjustments and are allowable onlywith prior approval of the executive director of the Commission. 13. Equipment and other start-up costs included in the first -year startup budget will not be carried forward into subsequent years offinding. 14. Contracts with third parties for core services under this grant must be provided to TIDC and approved prior to execution_ 15. Grantees that use grant finds to contract for services must develop and include in the contract provisions to monitor each contract that is for more than S 10,000 per year. These provisions must include specific actions to be taken ifthe grantee discovers that the contractor's performance does not meet the operational or performance terms of the contract. Original Grant Application follows Note: The Commission has scaled back the proposed operation to meet available resources. This award funds 10 FfEs (see TIDC approved revised staffing budget and revised non -personnel budget below) The award budget is based on a 1st year 50% phase -in of the reduced operation and 100%ofthe revised operation in the 2"d year. The County may work with TIDC to refine the details of the implementation budget to be consistent with the approved grant award budget on the cover page of this statement of grant award. Vol. Pg. S_ TIDC Statement of Grant Award, Brazos County Public Defender Office, Baddog Reduction 4 of 11 5/11/22, 7:04 PM 2022 Brazos County Improvement Grant Application Narrative a. Application Form 2022 Brazos County Improvement Grant Application Narrative 2023 Brazos County Public Defenders Office Indigent Defense Programs to Address Pandemic -Related Backlogs Counties Represented: Brazos Fiscal Year. 2022 . State Payee Identification Number. TX Division To Administer Grant: Brazos County Commissioners Court Program Title: 2023 Brazos County Public Defenders Office Requested Grant Amount: $3,197,300.00 Authorized Official: Duane Peters Financial Officer: Katie Conner Program Director: Edward Bull Mailing Address: 200 S. Texas Ave, Suite 218; Bryan, TX 77803 b. Introduction (Executive Summary) COVID-19 not only created a backlog of cases for our criminal courts but exposed a weakness in our defense bar. The criminal defense bar has not increased, and the level of proficiency amongst available defense attorneys for appointments has also not increased. Courts find it hard to appoint qualified attorneys to aggravated criminal cases. Brazos County hopes that TIDC will approve a COVID-19 related grant for two years, so that we may start a small Public Defender's Office to help ease the backlog of cases, and then receive grant funding to create a larger or "Regional Office". c. Problem Statement From 2019 to now, the number of qualified attorneys on Brazos County's misdemeanor indigent defense "wheel" that could be appointed on criminal cases dropped from 36 to 19. The number of qualified attorneys on our felony indigent defense "wheel" dropped from 36 to 18, with attorneys qualified to represent the indigent in Aggravated "3g" cases dropping from 21 to 13. Combined with the delay or postponement of jury trials during the pandemic, Brazos County is expected to have surge in our backlogged cases in the next two years. Additionally, with the pandemic slowly ending, it is expected that our criminal case filings will continue increasing along with our population. The lack of qualified attorneys available for appointment or accepting appointments results in longer jail stays, more pretrial hearings, and reduces the time defendants spend with their attorney. As the use of technology increases, the time required of defense counsel to commit to the defense of their clients has also increased. For instance, the use of video and audio evidence as an evidence gathering tool has become common place and is routinely used in even the most minor of offenses, not to mention those cases that include complicated scientific evidence that requires the consultations of experts. To provide an adequate defense in these cases requires at least a 60-hour commitment on the part of the appointed attorney. At the end of August 2021, we had 562 active cases, with an average of 177 cases being disposed by guilty plea or by the court that leaving 385 cases requiring counsel appointment and at least 11 full time attorneys working only these types of cases and only for one year. Continually appointing our available attorneys to only these types of cases to keep up with the caseload will result in attorney burn out and inadequate defense. . d. Objectives and dmeltr manner. During the next few weeks (even before we are given grant approval) County employees will begin to identify potential Oversight Board Members and start preliminary work on job descriptions for the office positions. _ TIDC Statement of Grant Award, Brazes County Public Defender Office, og eduction _ r 501111 ra https:/Iddc.tamu.edu/DiscretionaryGntPrograrn/ApplicationNarrativeAD.asp Vol. 36 pg. LP 114 5/11122, 7:04 PM 2022 Brazos County Improvement Grant Application Narrative - it will take time to hire and train highly qualified individuals, which will be a huge factor in the ability of "BCPDO" to meet the listed objectives and goals. - Currently we plan to have a total of 12 staff within 1 year of the award of the grant. We expect to staff the office with a Chief Defender, six defense attorneys, two investigators, one caseworker, 3 secretaries, and one office manager. - The BCPDO will strive to represent at least 10'0 of the new misdemeanor cases within 6 months of hiring of the Chief Defender and 25% within a year of the grant award. - The BCPDO will strive to represent at least 10% of the new felony cases by the end of the 2nd year of the award. - New clients will be contacted within 72 hours upon confirmation of indigent status. - Attempts to reduce the length of time a client is incarcerated during the pretrial phase will be made when possible. - Once appointed, PDs will be present at all phases of the pretrial hearing process. - In house staff such as investigators and caseworkers will be utilized to ensure efficient and thorough plans of action for clients. TIDC caseload guidelines and procedures will be followed. e. Activities Brazos Countv intends to start a small Public Defender's office to help alleviate backlog caused by COVID-19 and then work on expanding the office to a "County Wide" and/or "Regional Office`. - Brazos County intends to use these funds to create a Public Defender's Office. The office will initially be comprised of 6 attorneys and 6 staff to help combat COVID-19 related backlog. Once given formal grant approval, an oversight board will be created using TIDC parameters and upon establishment, the board will meet to draft a job description for the Chief Defender, advertise for the position, conduct interviews, and select the most qualified applicant. Once the Chief Defender is successfully hired, they will provide a plan of operation that will be presented to the oversight board and Commissioner's Court for approval. Each position within the BCPDO will have a job description created to establish appropriate hierarchy and adequate pay levels and those positions will be advertised. Interviews will be conducted to attain the best candidates for each position and once hired all new staff will begin training. The BCPDO will have ongoing activities, guidelines, and steps that will need to be taken on a continual basis to assure a commitment to an efficient and asset for Brazos County. Any new defendant will have high quality representation during all phases of the pre-trial process and the ability to communicate wish their attorney as needed. The BCPDO will work closely with the Associate Judge to ensure that all currently jailed defendants who qualify for services are accounted for and receiving services. The oversight board will meet quarterly to discuss any issues and take action/resolve if necessary. The Chief Defender will have weekly meetings with staff attorneys to discuss caseload or any matter relating to meeting the needs of the clients. Additionally, the Office Manager will meet with support staff on a weekly basis to discuss any matters as needed. Opportunities for training and education will be provided to staff so that all may stay up to date with the best practices for their positions. All positions will receive annual performance evaluations conducted by the Chief Defender and the Office Manager that provide valuable feedback to the employees. - Brazos County has space for this initial office in its existing Administration Building. The Brazos County Administration Building is located two blocks from the courthouse. The space designated includes 4 private offices with a 5th to be divided in half thereby, creating 6 private offices. The space was a justice of the peace courtroom and the courtroom will be renovated with minimal effort into a large area fit for at least 6 cubicles. Additionally, there is an area for reception and waiting. The building also has several conference rooms available that could be used by the BCPDO as needed. After grant award, computers, software, and supplies will be ordered to have these on hand as staff is hired. - If additional grant funds are approved, Brazos County plans to expand the BCPDO into a larger "County Wide" and/or "Regional Office". Brazos County has acquired an office building at 101 N. Texas Ave. Bryan TIDC Statement of Grant Award, Brazos County Public Defender Office, Backlog Red u 6 of 11 httpsJibdctamu.edu/DiscretonaryGrantProgram/ApplicaUonNwmtiveAll.asp i Vol, �� P'. 214 5111122. 7.04 PM 2022 Brazos County Improvement Grant Application Narrative TX 77803 that previously was home to the Bryan Independent School District Offices. Once renovated, this building could provide office space for any size Public Defender's Office needed in this area. f. Evaluation The oversight board in conjunction with the Chief Defender will monitor pram evaluation. The Chief Defender will handle required grant status reporting to TIDC and the Brazos County Auditor will handle all financial reporting as required by statute. The Chief Defender will provide information requested by the County Auditor to achieve timely completion of required expenditure reports. The oversight board and the Chief Defender will work with the Brazos County Purchasing and Information Technology departments to ensure the proper software is purchased that will have the ability to track and Maintain caseload information such as the type and number of cases, the attorney/client initial contact and future contacts, bond information, time incarcerated, pre-trial information, communication/offers from prosecuting attorneys, notes for investigators/caseworker, experts and witnesses, and case dispositions. The BCPDO will monitor data and work with the administrative staff for the jail to monitor inmate populations, compliance with internal guidelines regarding timeliness of case processing, and to provide data on cost effectiveness. Annually the BCPDO will submit a report, approved by the oversight board, to Commissioners Court that documents the activities of the office to include costs, case dispositions, and statistical information that the Chief would include for the Court to be informed of successes and failures, benchmarks achieved, and future goals. g. Future Funding Qua lifyRepresentation is not iust a r! ht it is a responsibility a responsibility that Brazos Counfv takes seriously and plans to provide at the highest level it can moving. into the future and hopes to do so starting. small and making its Public Defender's Office bid gerand better in the future with _yourhelp_. - By now it should be clear that Brazos County is committed to providing quality representation to indigent defendants. We see the opportunity of elevating that representation with the help of grants from TIDC at a time that we have some of our greatest need and an ability to accommodate a small Public Defender's Office with office space that we have ready today. Minimal modification is needed for this office, and additional space for a future larger office that can be ready in 2 years with renovation is available. - Once a larger office is established, we hope that more than 70 percent of all indigent cases will be handled by the "BCPDO" within 5 years. Therefore, we are asking for 100% grant funding for the next 2 years to establish our small Public Defender's Office with consideration to giving as strong of a commitment to Brazos County as TIDC is able to for ongoing grant funding for at least years 3 through 6 (for a County Wide Public Defender's Office) or longer in the event that funding that is provided makes it feasible for Brazos County to house a Regional Public Defender's office moving forward (future ongoing grant funding will be a consideration in any renovation discussions). h. Budget Narrative and Budget Form This application is for a 2 year grant Personnel costs for two years are expected to be $196,000, fringe benefits for two year are expected to be $906,000. We expect that Travel and Training will remain constant for both years, totaling $40,000, but that equipment will be purchased in the first year and not needed in the second year. Supplies are expected to be the same for both years for a two year total of $26,000. Contract Services are expected to decrease in year two by $6,300 for a total over two years of $125,300. Total grant request for two years is $3,197,300. Staff Position Staffing Level Chief Public Defender (same as DA with 1 supplement) Assistant Chief Public Defender 1 Felony Defender 1 Misdemeanor Defender 3 Investigators 2 Case Worker (non licensed) 1 Office Manager 1 Su�ent of Grant Award, Brazos County Public Defender Office, httpsJitidc.tamu.edu/DisaetionaryGrentPrograWApplicationNarrativeAll.asp Salary Total $158,000.00 $ 158,000 $ 97,000.00 97,000 $ 90,000.00 90,000 $ 75,000.00 225,000 $ 69,000.00 138,000 $ 57,000.00 57.000 $ 65,000.00 65,000 Vol. pg. 13/4 5/11122, 7.04 PM 2022 Brazos County Improvement Grant Application Narrative Total Staff and Salaries 13 980,000 Fringe benefits (Retirement, FICA, workers 25% 245,000 comp.) Health Insurance (16,000 per year per 13 208,200 employee) Total Salaries and Benefits $ 1,433,000 Account Name Conference and Seminar Travel Training and Travel Subtotal Desk (have all but 5) Chairs (13) Computers (13 computers or laptops) Software Telephone Copier/printer Scanners (13) Portable Radios (for investigators) Vehicle w/equipment (for investigators) Equipment Subtotal Office Supplies Copier/Printer/Fax Supplies (paper, toner) Gasoline Supplies Subtotal Renovations to existing area Cell phone-10 phones (attorneys, investigators, case worker, office manager) Printing (business cards) Court Costs (transcripts, experts) Subscriptions and Publications Long Distance Telephone Witness Reimbursement Copier/Printer/Fax Maintenance Regional Radio System Contract Services Subtotal Total Grant Request for One Year Personnel Costs FTE's Salary Fringe Benefits Travel and Training Equipment Supplies Contract Services Indirect Total Required County Match Total less County Match One Year 10,000.00 10,000.00 $ 20,000.00 12,500.00 7,800.00 19,500.00 2,600.00 2,600.00 3,000.00 13,000.00 4,000.00 75,000.00 $ 140,000.00 5,000.00 3,000.00 5,000.00 $ 13,000.00 $ 5,000.00 8,400.00 1,300.00 30,000.00 10,000.00 300.00 10,000.00 300.00 500.00 $ 65,800 $ 1.671,800 $1,433,000.00 13.00 $980,000.00 $453,000.00 $20,000.00 $140,000.00 $13,000.00 $65,800.00 $1,671,800.00 $1,671,800.00 TIDC Statement of Grant Award, Brazos County Public Defender Office, Backlog Reduction 8 of 11 https://Udc tamu.edutDiscretionaryGrantProgram/ApplicationNarrativeA I.asp 4/4 Brazos County Public Defender Revised Grant Staffing Model and Budget extended Chief Public Defender 1 $130,000 $130,000 Felony Defender 1 2 $90,000 $180,000 Misdemeanor Defenders 3 $75,000 $225,000 Investigator 1 $69,000 $69,000 Case Worker 1 $57,000 $57,000 office Manager 1 $65,000 $65,000 Administrative Support Staff 1 $50,000 $50,000 Total FfEs 10 $776,000 Total Annual Salaries Fringe (Retirement, FICA, WC) 25%1 $194,000 Health Insurance $16,000/FTE 160000 $354,000 Total Annual Non -Salary Personnel $1,130,000 ITotal Annual Personnel Vol. J4 � . Pg. LIO . TIDC Statement of Grant Award, Brazos County Public Defender Office, Backlog Reduction 9 of 11 Revised Non -Personnel Annual Budget Account Name One Year Proposed Cost TIDC Adjusted Annual Conference and Seminar $10,000 $4,000 Program may access TCDLA PD training scholarships Travel $10,000 $12,000 TCDLA scholarships cover travel for training, this line also funds mileage reimbursement Training and Travel Subtotal $20,000 $16,000 Desk (have all but5) $12,500 $5,000 adjusted based on revised staff Chairs (13) $7,800 $6,000 adjusted based on revised staff Computers (13 computers or laptops) $19,500 $15,000 adjusted based on revised staff Software $2,600 $2,000 adjusted based on revised staff Telephone $2,600 $2,000 adjusted based on revised staff Copier/printer $3,000 $3,000 copier/printer can include scanner, be networked Scanners (13) $13,000 $3,000 Indiv. Scanners for each FTE uncecessary, see above Portable Radios (for investigators) $4,000 $0 Defense investigators do not require radios Vehicle w/equipment (for investigators) $75,000 $0 TIDC does not fund vehicles for small officees, may. revisit based on actual costs and savings analysis Equipment Subtotal $140,000 $36,000 Office Supplies $5,000 $5,000 Copier/Printer/Fax Supplies (paper, toner) $3,000 $3,000 Gasoline $5,000 $0 mileage as necessary, see above Supplies Subtotal $13,000 $8,000 Renovations to existing area $ S,OOOxr _ 4 5,000,rr first_ .3 earonl �. ° rr r� Y r,,, �, _..�:•- �..• ��. Cell phone-10 phones (attorneys, investigators, case worker, officemanager) $8,400 $7,560 adjusted based on revised staff Printing (business cards) $1,300 $500 Court Costs (transcripts, experts) $30,000 $20,000 based on TIDC planning estimates Subscriptions and Publications $10,000 $10,000 Long Distance Telephone $300 $300 Witness Reimbursement $10,000 $0 Not part of TIDC PD budget, expert witness costs included above Copier/Printer/Fax Maintenance $300 $300 Regional Radio System $500 $0 Public defender does not require radio equipment Contract Services Subtotal $65,8001 $43,660 10 of 11 TIDC Statement of Grant Award, Brazos County Public Defender Office, Backlog Reduction Timeline for ReporEing and Fund Distribution Reoorts will be submitted through the TIDC grant management websife at tidc.tamu.edu Reporting Period Type Report Due Date Report Due Fund Distribution Date July 2022 through September 2022 Grant Expenditure Report Progress report October 15, 2022 November 2022 October2022thraugh December 2022 Grant Expenditure Report Progress report January 15, 2023 February2023 January 2023 through March 2023 Grant Expenditure Report Progress report April 15, 2023 May 2023 April 2023 through June 2023 Grant Expenditure Report Pro ressreport July 15, 2023 August 2023 July 2023 through September 2023 Grant Expenditure Report Progress report October 15, 2023 November 2023 October 2023 through December 2023 Grant Expenditure Report Progress report January 15, 2024 February 2024 January 2024 through March 2024 Grant Expenditure Report Progress report April 15, 2024 May 2024 April 2024 through June 2024 Grant Final Expenditure Report Final Progress report July 15, 2024 August 2024 EVOLe Pg. TIDC Statement of Grant Award, Brazos County Public Defender Office, Backlog Reduction 11 of 11 BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY * * DONATION OF COUNTY PROPERTY Date: 06/07/2022 0 Acceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) 1 Acceptance of Donated Inmate Property (Requires signed inmate documentation — NO VALUE ASSESSED) Item Description: $200.00 Gift Card Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNIVIN #: Functional Non -Functional. Explain if Non -Functional Additional Description/Information: Gift card to purchase food for the Health & Safety Expo Estimated Value: $ 200.00 Check the appropriate account based on estimated value ofproperty being accepted: ❑✓ 61235000 (Donation - Other)* 60010000 (No Asset Tag - Under $500) 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property - Over $5000) Check the appropriate entity property being donated to: Government Entity: t Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name -,uonauon — user account 611.1"Yo is to be used ONLY for cashleheck funds donated to Brazos County. I certify that the above -mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval -by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Risk Management DepartmentName Authorized Signature Organization Receiving Donated Property: Authorized Signature Approv b Co a ourt CTI� f Zkq VOL : P9= Commissioners Court Appro WILTON'S OFFICE WORKS 181 N Earl Rudder Freeway Bryan, Texas 77802 06/21/2022 BRAZOS COUNTY RISK MANAGEMENT 200S Texas-Averiue, Suite 264 Bryan, Texas 77803 This letter is to confirm the donation of.two (2) Walmart Gift Cards in the amount of -One hundred ' -dollars ($100.00) each, totaling Two hundred dollars ($200.00) to Brazos Countyfor-the Brazos:County Health and Safety Expo on June 23; 2022. Thank you, Scott -Wilton 'Wilton's-Office Works Vol.-pg. 0 u t�; 1"' t'§t vn': iiac @ si r is --valrdart.0 0.1 WaImAttoeZ. If w IF SPP S A E H if 0025 E �I 10025 8 1 18025 1 1 025, SHOPPING M 'go you! ID 006553 AS Wal art 979-776-6_44b r-:LARRY 4200, RC1ST DR. B 02 BRY All x 1 00322 OP# Ooo�s "F# 91 . # 08164. z%w SLq ;1 1. 831 K 001 835 9 Q2 0 000 NV SL,I'CP' 00 589311 f A0 ql T P 001000i 06 $1 fiOOO 5893 D TEJ''9'3 074R# 01 087AN ' ' T :.:.'1 't 518'- [ 15' 5893) 5677 4A )08711" 5".58 301 2 F 3 2 1122 '138 2: 98 Ax : 3T11 .' 66* 7.0 .161 : VTY61 [END 1".17 04 ot Enii Bdl ri 96:73 i-En fia'] 0. go:, * 11'6 7.7 '-'681 ff illlllllllllllllllllllllllllllillillllll illllllilillllllllllfll Illlllllllllllllllilllll 'Imart -Become a member today '06/22122""" " ..' f - R'g vilzi b SHOPPING F ENO:V"R 1IFDT SDP.CARD REDEMPAMlj,�66' ACCOUNT *00*400*9121 .,T;an 'o 2.7 ' 'A'z v Td!w'i 6254478 2252 8464 :illli{{I111{{Illl�ii►i�{lii�iii{{il{fllllll1111111111111i1�111111iillf�l~�{l'I{ :,,rBecome`:a :member't0*daY- 1610- OF/22/22 16:07:23 olq.%01 Wp'Y;t�'. Give -us feedL-46k,ifO,,ALu�;ygk-,..twal.mart.,coI Thankyoull b #: ik'070HUY w .979-7,7 '_&b#-QR_ -C IAR REW 09 B .Tx RVAN' .17802',,; 1 STO 00322 OP# 009048 TE# 48 TR# 0880'. wl ebziq2PK; ��`006827419514�'Fo'rii4 2,. �s21 oSUBTOTAL--2,42, 42, .,,.,..TOTAL'., z2.. ' SHOPPING _ T`tv .MCARD TEND 0.81 Mastercard xxxx -&*x* x"it 7354j, APPROVAL # 68146P REF # 1042000314 AID AOOOOCO0041016 ,A,6C DC870.510477,54W,, T' . " 'VUMO .JT RMINAL CHANGE DUE 0.00 SHOP -CARD REDEMPTION 1.61 Trw -Amt End, Sal K*4- 7 0 # fvm" SOLD 11 'j TC# 6498 8913 73&'W WA';39_-. �t �Ir Ili II I � it <<�I�! 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MOM 31IS31 'I'Amt zz/EZ/90 ano OF 84 AMENDED RESOLUTION WHEREAS, Chapter 152 of the Local Government Code establishes a salary grievance process for elected officials of County government to challenge their salaries in the proposed budget; and WHEREAS, Texas Local Government Code Chapter 152.014(a)(2) authorizes the County Commissioners Court approve a salary grievance committee composed of the county judge as the chairman and nine public members selected by randomized list of grand jurors from the preceding calendar year; and WHEREAS, The Brazos County Commissioners Court sees the value in approving the structure of a salary grievance committee prior to receiving any salary grievances, so as to not create unnecessary delay of the process once a grievance is received. NOW, THEREFORE, BE IT RESOLVED, that the Commissioners Court of Brazos County hereby establishes a salary grievance committee as follows: The salary grievance committee will be structured as provided in Texas Local Government Code Chapter 152.014(a)(2). a. The County Judge will operate as the committee chairman and the sole non voting member. b. The nine public members and alternates are to be selected as set forth in accordance with Texas Local Government Code Chapter 152.015. c. The salary grievance committee will be appointed by the Commissioners Court on or before August 11 of each calendar year. 2. The approved composition of the salary grievance committee as stipulated by Texas Local Government Code Chapter 152.014(a)(2) shall remain in effect for all future Brazos County Budget cycles until or unless superseded by Texas State law or by a new Resolution adopted in Brazos County Commissioners Court. RESOLVED this of July 2. Duane Peters— -'�Zx / Steve Aldrich County Commissioner, Precinct 1 �2n� 0 — 6LA� Nancy Be County Commissioner, Precinct 3 ATT W . �G Karen McQueen, County Clerk County Judge Russ Ford - / County is 'er, Precinct 2 I a Cau ey County Commissioner, ecinct 4 Vol. P9. 7 AMENDED ORDER REGULATING FEES FOR NON -CONSENT TOWS IN THE UNINCORPORATED AREA OF BRAZOS COUNTY WHEREAS, Brazos County has authority under Texas Occupations Code Sec. 2308.202 to regulate the fee to be charged for non -consent tows, including tows initiated by a law enforcement officer and non -consent tows from private property; and WHEREAS, Texas Occupations Code Sec. 2308.203 requires local political subdivisions who exercise their authority in regulating all non -consent tows, to establish procedures by which a towing company may request that a towing fee study be performed and to establish or amend the allowable fees for nonconsent tows at amounts that represent the fair value of the services of a towing company and are reasonably related to any financial or accounting information provided to the governing body; WHEREAS, on February 24, 2009 the Commissioners Court of Brazos County, Texas adopted Order 09-003 Regulating Fee for Non -consent Tows in the Unincorporated Area of Brazos County and Establishing Procedures for Request of Tow Study in Regard to Such Fees; WHEREAS, on May 5, 2022 the Commissioners Court met in a workshop session to reevaluate Order 09-003, at which, the Court recognized a need to revise the procedures of the Towing Fee Study and update various provisions; and WHEREAS, the Commissioners Court now wishes to amend Order 09-003 to establish new procedures for the Tow Fee Study and to update other provisions. NOW, THEREFORE, BE IT ORDERED by the Commissioners Court of Brazos County, Texas as follows: ARTICLE I Definitions 1. Consent Tow — means any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involved the vehicle in the unincorporated area of the County. Vol Pg. `f 2. Evidentiary Crime Scene — A crime scene in unincorporated Brazos Coimty that requires a response of a law enforcement agency's specialized investigative unit(s). 3. Heavy -Duty Tow — The vehicle being towed by the tow truck is twenty-five thousand (25,000) pounds or more. 4. Heavy -Duty Tow Truck — A tow truck having a chassis rated at five (5) tons or greater by the vehicle manufacturer and a winch capable of lifting a minimum of thirty thousand (30,000) pounds, as rated by the winch manufacturer. Except where a distinction is specifically made, the term "Tow Truck", as used herein includes "Heavy Duty Tow Truck". 5. Law Enforcement Officer — A Brazos County Sheriff, a Brazos County Constable, or their deputies, and any other Texas peace officer authorized to perform law enforcement duties in Brazos County, Texas (See TEX. CODE OF CRIM. PROC. §2.12). 6. Law Enforcement Scene — The scene of a crime, accident, or custodial arrest, or the location of a vehicle, which is a traffic hazard, a recovered stolen vehicle, or an abandoned vehicle. 7. Light -Duty Tow - The vehicle being towed by the tow truck is between 10,001 pounds and 24,999 pounds. 8. Medium -Duty Tow - The vehicle being towed by the tow truck is ten thousand (10,000) pounds or more. 9. Motor Vehicle — A vehicle, as defined in TEX. TRANSP. CODE §501.002, or any other device designed to be self-propelled or transported on any public highway, road, or street. 10. Non -Consent Tow — Any Tow initiated by a Law Enforcement Officer and conducted at a Law Enforcement Scene or Evidentiary Crime Scene in unincorporated areas of Brazos County. 11.Operate — To drive or otherwise be in physical control of a Motor Vehicle. 12.Operator — Any person operating a Tow Truck, regardless of whether the person owns the vehicle. 13. Public Road — A public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way. 14. Tow — The recovery and movement of a Motor Vehicle using a Tow Truck. 15. Towing Company — An individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more tow trucks over a public roadway in this state, but does not include a political subdivision of the state. 16. Tow Truck — A motor vehicle, including a wrecker, equipped with a mechanical device used to tow, recover, winch, or otherwise move another motor vehicle. 17. Vehicle Owner — means a person: a. named as the purchaser or transferee of the certificate of title issued for the vehicle under Texas Transportation Code, Chapter 501; b. in whose name the vehicle is registered under Texas Transportation Code, Chapter 502, or a member of the person's immediate family; c. who holds the vehicle through lease agreement; d. who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or Vol. Pg. e. who is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle. 15. Vehicle Storage Facility — a vehicle storage facility, as defined by Texas Occupations Code §2303.002, that is operated by a person who holds a license issued under Texas Occupations Code, Chapter 2303 to operate a facility. ARTICLE II Fees 1. All fees and maximum allowable charges relating to the Non -Consent Towing of a Motor Vehicle and the issuance of any permits and ID cards shall be determined by the Commissioners Court. The schedule of maximum allowable Towing fees is included herein as Exhibit "A". These maximum allowable fees shall remain in effect from the effective date hereof until changed by Commissioners Court in the manner authorized by law for the taking of official action by a political subdivision. 2. Allowable charges set out herein are "maximum" allowable fees; Towing Companies may charge fees for Non -Consent Towing services at or below maximum allowable amounts. 3. All maximum allowable fees set out by Commissioners Court in this Order have been - determined to provide fair remuneration to owners and Operators of Tow Trucks performing services related to Non -Consent Towing following study and research by the County and its assessment of current Towing fees in Brazos County, analysis of citizens complaints, consideration of the urban/rural locality, consideration of the median income of the population in Brazos County, and research and comparison of fees regulated by other neighboring or representative jurisdictions. In addition, maximum allowable charges set out have been determined to compensate for all functions, duties and equipment necessary for the performance of Non -Consent Towing services. 4. It is a violation of this Order for any tow truck operator or tow truck company to charge any fee for Non -Consent Towing services not actually performed. 5. This Order does not regulate or set fees for salvage of cargo spilled from large rigs or trailers. Services for such salvage services may be negotiated by and between the tow truck operator recovering the cargo and the motor vehicle owner. 6. Fees for non -consent towing services apply only to movement of a vehicle from a law enforcement scene to an eligible vehicle storage facility, or other location designated by the vehicle owner and agreed to by the tow truck operator. Once the vehicle is claimed by the vehicle owner, necessary towing from the vehicle storage facility to another location shall be performed through consent towing services; and, therefore, maximum towing fees set forth herein do not apply to movement beyond the initial location. Moreover, a vehicle owner shall not be charged for non -consent towing of a vehicle transported from the initial vehicle storage facility to another, except where the movement is requested or approved by the vehicle owner. 7. No credit card convenience fees may be assessed in situations involving a non -consent tow from a location directly to a vehicle storage facility. ARTICLE III Application to Unincorporated Area of Brazos County The fees for non -consent tows set by this Order shall apply to tows initiated by law enforcement officers originating in the unincorporated areas of the County. ARTICLE IV Towing Fee -Studies Towing rate studies are to be conducted no more than once every four (4) years in response to a request by the industry representatives of businesses that have performed non -consent tows within the unincorporated areas of Brazos County within the previous year. a. Request must be made in writing and sent by certified or regular United States Postal Service mail, hand delivered or emailed to the Brazos County Judge's Office with attention to the General Counsel at 200 S. Texas Avenue, Ste. 329, Bryan, TX 77803. b. The written request must be co -signed by at least thirty percent (30%) or five (5), whichever is greater, of the Towing Companies that are registered with the Brazos County Sheriff's Office (or with the entity or jurisdiction to which the Sheriff may delegate registration) for law enforcement tows. 2. County reserves the authority to undertake a rate study at any time it deems necessary, without an industry request. 3. Brazos County Towing Fee Study shall be performed as follows: a. Brazos County shall send out survey forms and/or a letter requiring submission of non -consent tow statements for the preceding twelve (12) months. Letter and forms shall be sent to each company registered with the Sheriffs Office (or with the entity or jurisdiction to which the Sheriff may delegate registration) by hand delivery, United States Postal Service mail or email. b. Towing companies must respond to the survey and/or letter within thirty (30) days to be included in the study. c. County must timely receive a complete response from at least fifty percent (50%) of the total number of surveys sent out. Otherwise, the County, at its sole discretion, may decide not to undertake the study and/or update the tow .fees and/or related fees. d. The County reserves the right to suspend a towing company from the list registered with the Sheriff s Office (or with the entity or jurisdiction to which the Sheriff may delegate registration), that fails to return the requested records and/or survey form, until the towing company delivers a full and complete response. e. The County shall not be required to consider a subsequent rate adjustment request made within one year from the date the County makes such decision to not undertake the rate study. 4. County, at its sole discretion, may use collected data or adopted non -consent tow fee schedules of other comparable jurisdictions in place of performing its own towing rate study. Vol. pg. l 5. At such times as the City of Bryan or the City of College Station modifies maximum tow fees applicable in its jurisdiction based upon tow studies or based on consumer price indices, County will review, to the extent available, the information that either city used to make its determination along with such other relevant information. Information will be presented to Commissioners Court for a determination whether such information justifies a modification to the fees applicable to the unincorporated area of Brazos County. - ARTICLE V No Pre-Emption of State or Federal Law It is not intended, and no provision of this order should be so construed, to contravene any applicable law or to pre-empt any federal statute. Notwithstanding the use of terminology that might be construed to include matters not within the legal scope of this Order, it is intended that such terms be construed as limited to such legal scope. To the extent that any part or provision in this Order might otherwise be construed as invalid, illegal, or unenforceable in any respect, it should be construed as being limited in its scope and application to only those circumstances to which it can legally apply. To the extent that any provision or part of this order is stillfound to be invalid, illegal or unenforceable in any respect, it shall not affect any other provision. ARTICLE VI Enforcement Operators, owners, and companies shall not charge any fees for law enforcement tows and storage of vehicles towed without consent and subject to this Order other than those fees provided under this Order: A person commits an offense if the person violates any provision of this Order. An offense under this Order is a misdemeanor punishable by a fine of not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00) per violation. TEX. OCCUP. CODE ANN. §2308.505. A law enforcement officer may issue a citation for any violation. ORDERED this TO day of OIL t-4 2022. Duane Peters, County Ju Steve Aldrich Russ Ford County Commissioner, Precinct 1 Nancy Berry County Commissioner, Precinct 3 ATTE G I:E6n McQueen, County C er CMCommie, jioner, Precinct 2 Cauley County Commission Precinct 4 Vol. pg. S EXHIBIT "A" BRAZOS COUNTY TOW FEE SCHEDULE The Towing Fee Schedule established in Order 09-003 will remain in effect until such time as another Towing Fee Study is completed by Brazos County, and it is determined by the Commissioners Court that an adjustment of the fees is Justified. The maximum allowable fees for basic tows and heavy duty tows are listed below. BASIC TOW $175.00 $436.00 for up to two hours of such tow, HEAVY DUTY TOW plus $218.00 for each additional hour or part thereof, if such tow requires and is performed by a Heavy Duty Tow Truck. The rate shall commence upon the tow truck and tow truck operator's arrival on location. *Note: Upon approval of this Amended Order, Brazos County will perform a tow fee study to determine if an adjustment of fees is justified and to set a Medium Duty Tow Fee. Vol. P'. NssooO le � o Ft • z May 19, 2022 Jennifer Salazar Brazos County Human Resource Director 200 S Texas Ave Ste 206 Bryan, TX 77803-3999 Re: Brazos County 7 Liability Renewal- Questionnaire It is time to renew your Liability coverage with TAC Risk Management Pool. As we prepare your October 2022 annual renewal, there are a few questions we need you to answer so that we can provide you the most comprehensive and cost-effective Liability coverage possible. To ensure that we have up-to-date information, please complete each page and make any changes directly to the document. You can also provide supplemental sheets as necessary. Please complete the Liability Renewal Questionnaire and return it and any supplemental documents within 30 days. It is important that you review any included applicable schedules. Once you have completed the renewal questionnaire please return it to me for processing. If you need help completing the Liability Renewal Questionnaire, please contact me at 800-456-5974, by fax at 512-478-1426, or email me at nellyc®county.org. We value your continued participation in the TAC Risk Management Pool and look forward to another successful year! Please do not hesitate to contact me if you would like to discuss your coverage options. The Interlocal Participation Agreement, Section•4. Annual Contribution, 4.01 requires that the member timely submit to the Pool documentation necessary for the Pool to properly underwrite the renewal. Sincerely, &"e Nelly Cano Member Service Representative (512) 4788753 • (800) 456-5974-• (5I2) 478-0519 FAX • wmv.countyorg • 1210 San Antonio, Austin, TX 78701 • P.O. Box 2131, Austin. TX 78768.2131 Stan M. Redford, Executive Director Vol. R9. 5 ssso,r w' oTEXAS ASSOCIATION Of COUNTIES t� ,,* RI'-S:K MANAGEMENT -POOL Copat Liability Renewal Questionnaire Member. Brazos County Coverage Period: October 1, 2022 through October 1, 2023 Thank you for participating in the TAC Risk Management Pool's Liability program. As we prepare your renewal, there are a few questions we need you to answer so that we can provide you the most comprehensive and cost effective coverage possible. Pursuant to the Interlocal Participation Agreement, Section 4. Annual Contribution, 4.01 requires that the member timely submit to the Pool documentation necessary for the Pool to properly underwrite the renewal. To ensure that we have up-to-date information, please fill out each page completely and make any changes directly to this document. You can also provide supplemental sheets as necessary. NOTE: Omitted information may result In an exclusion from coverage. The following coverage is eligible for renewal: Auto Liability Auto Physical Damage General Liability Public Officials Liability Law Enforcement Liability Your Vehicle Schedule is attached to this renewal questionnaire. We ask that you review your Vehicle Schedule carefully and report any of the following: Sold or totaled vehicles Newly purchased or obtained vehicles We .value your membership in the TAC Risk Management Pool and look forward to another successful yearl if you have any questions or need help completing the Renewal Questionnaire, please contact your Member Services Representative Wily Cano at 800-456-5974 or neliyc@county.org. j Pool Coordinator I Our records indicate that the Member has designated the individual below as the Pool Coordinator for this coverage. In accordance with the terms of the Interiocal Participation Agreement, the Pool Coordinator has express authority to represent and to bind the Member, and the Pool will not be required to contact any other individual regarding matters arising from or related to this Agreement. If the Member wishes to change or update the Pool Coordinator information, please make the necessary changes below. Pool Coordinator. Jennifer Salazar Email" jsalazar@brazoscountytx.gov Phone Number: (979) 361-4117 Fax Number. (979) 823-6993 Address: 200 S Texas Ave Ste 206 City, State, Zip: Bryan TX, 77803-3999 Texas Association of Counties Risk Management Pool Vol. Pg. 53� Brazos County # 0210 Coverage Number. R-CAS-0210-20221001-1 Liability Renewal Questions 1. Please update the total number of Brazos County employees, including elected officials. Total Airport Hospital Full Time Employees: Q Full Time = 35 or more hours per week Part Time Employees: Part Time = Less than 35 hours per week Volunteers: Volunteer-= Actively serving Auto Liability Current Auto Liability Deductible: $1,000 To make changes to your current Auto Liability coverage, please complete the section below: Currently I Add to 1 Coverage # Reject ! i i `' i Change l Current Limit a Limit tSptions limit i Included Coverage r Cofrom verage ! ❑ $100k/$300k1$100k $250k/$500k/$250k Auto Liability S100,000/$300,000/$100,00 3 ❑ P$1,000,000 ❑ $2,000,000 Personal Injury ❑✓ ❑ $5,000 Protection Reject ❑ $30k/$60k/$25k Uninsured / ❑ $50k/$100k/$50k Underinsured ❑ $30,000/$60,000/$25,000 ❑ .❑ $100k/$300k/$100k Motorist Reject { Vehicle Schedule Verification { Yes,1 -have reviewed. Brazos County's Vehicle Schedule, and made corrections and :updates which are incorporated into this Liability Renewal Questionnaire. Auto.Physical Damage Current Auto Physical Damage Collision Deductible: Current Auto Physical Damage Comprehensive Deductible: Texas Association of Counties Risk Management Poot . $1,000 $1,000 Vol. F'. Brazos County # 0210 Coverage (Number. R-CAS-0210-20221001-1 General Liability Current General Liability Deductible: $1,000 To make changes to your current General Liability coverage, please complete the section below:. Coverage Currently Included Add to ' Reject I ;Coves e : from , Current Limit g Coverage Change I Limit Limit Options ❑ $100k/$300k/$100k ❑ $250k/$500k/$250k General Liability $100,00=300,000/$100,00 ❑ ❑ $500,000 ❑ $1;000i000 ❑ $2,000,000 Unmanned [� Aircraft - Reject 1. How many law enforcement watercrafts under 26 feet, do you own? 2. If Unmanned Aircraft is selected, please complete the following for each Unmanned Aircraft: a. U.A.S./ Drone Model and Value1.�� t'2GL Op(r,tt f1�lt'.td'1-�'S b. Weight in Ibs including all attachments c. Year and Serial Number d. Description of u e. Operator Name f. Date of Receipt of FAA COA & Registration Number as applicable g. Total UA.S./Drone flight hours h. Description of Training Certifications l� L� 3. Does your county own an airport? Yes JNo i%l If yes, who operates the airport? If the airport is privately operated, the Pool recommends Brazos County request a currently dated Certificate of Insurance issued by the airport operator's insurance agent or company that names the County as an Additional Insured and includes the following coverage as applicable: General Liability Professional Liability (airport facility operations) Employment Practices Liability Property (if the County owns the building) Texas Association of Counties Risk Management Pool E Pg. Brazos County # 0210 Coverage Number. R-CAS-0210-20221001-1 Mr, Current Public Officials Liability Deductible: $10,000 To make changes to your current Public Officials coverage, please complete the section below: ddst_o� �-� C Inge �V era a h�u�rentty - from Cbn enti.t f} t >tt O t ��"� ° '�:''r' ❑ $2,000,000 ;r �� ❑ $3,000,000 Public Officials Liability ❑ � . , 3 -� t tl � $3,000,000 ❑ - . a g }• 5l " X ��' .d'C �: C �� i � } it �]� 'F �n -�t`.S 3 3aZ District Attomey ❑✓ hws ❑ kE , ; `:.�. .d..4..-, Reject 1^ 1. -. i District Judge ❑✓ El Reject,�s- , Back Wages -a. NV,� x s ��� ❑ $50A00/$100,000 Optional � El$100,000/$250,000 Increased Limits'K4 ❑, r ���" , ❑ ❑ $250,000/$500,000 (included coverage limit ON Addt� ; �� '" > ❑ $500,000/$1,000;000 s � ° is$50,000/$100.000) ${ { a , ❑ $1,000,000/$1,000,000 Vol. Pg JC� Texas Association of Counties . Brazos County # 0210 Risk Management Pool Coverage Number. R-CAS-0210-20221001-1 Law Enforcement Liability Current Law Enforcement Liability Deductible: $10,000 To make changes to your current Law Enforcement Liability coverage, please complete the section below: Coverage t Reject Chen e Currently Add to . g , from Current Limit Limit Options, j -Limit { ( Included Coverage ; I j . Coverage i ❑ $2,000,000 ❑ $3,000,000 Law Enforcement n $3,000,000 ❑ Liability District Judge ❑✓ ❑ Reject Unmanned ❑ Aircraft • Reject i. Please review the list of law enforcement departments and agencies below and add or delete as appropriate: Example: Sheriff's Department, Constables' Offices, Detention Facilities Brazos County Attorney's Office Brazos County Constable's Office Brazos County Employees Of The District Attorney's Office . Brazos County Juvenile Probation Department Brazos County Sheriffs Office 2. If Unmanned Aircraft is selected, please complete the following for each Unmanned Aircraft: a. U.A.S./ Drone Model and Value b. Weight in Ibs including all attachments c.. Year and Serial Number d. Description of use - fl-AvUt S St .Vt? In* e. Operator Named �' < f. Date of Receipt of FAA COA & Registration Number as applicable g. Total UA.SJD•rone flight hours h. Description of Training Certifications Texas Association of Counties Risk Management Pool Vol. Pg.� Brazos County # 0210 Coverage Number. R-CAS-0210-20221001-1 3. Please provide below, the current budgeted number of Law Enforcement personnel for all. law enforcement office, department, and agency listed above. ff no Juvenile - Class B personnel are reported, coverage wN not be provided for these personnel �h R " r _ nikwber r w UArr-A .1de' hO E!Full time = 35 or more hours peer -week. PartTime= Less than 355 hours per week y - - Actively Engaged Juvenile ° ;Other Reserves Include: sheriff, deputies, Include: probation officers;- Include.dispafchers, Include: all reserve and armed irivestigators, armed detention center guards, boot- unarmed prosecutors" auxiliary officers and bailiffs, constables; jail camp instructors investigators; jail nurses, employees admifis, jailers, other front = cooks, clerical;. unarmed line personnel baifiiffs,,other personnel Full Time: Full Time: Q ® Full Time: L2, Class Full Time: Class Class C� Class Part Time: Part Time: 2 Part Time: Part Time: y A l3 C D 4. Does Brazos County participate in a Law Enforcement Task Force? ® No If yes, do you lead this Task Force? Yes Name of Law Enforcement Task Force: �� 131i1 «' brY _1C1 �S YL 5. Do you participate in a Mutual Aid Agreement? Ue No If yes, fist name of Mutual Aid Agreement ° t; '%A ICA I ter` 11 t'V Ly " 6. Is any law enforcement officer, office, departmepWr agency for which cove a is requested under any criminal or administrative investigation? Yes No If yes, provide details or circumstances which are unprivileged public information. Texas Association of Counties Risk Management Pool Vol. pg. Brazos County #.0210- Coverage Number. R-CAS-0210-20221001-1 7. Does Brazos County own a Jail Facility and/or Detention Facility? es No If yes, who operates the Jail Facility? If yes, who operates the Detention Facility? If the Jail Facility or Detention Facility is privately operated, the Pool recommends Brazos County request a currently dated Certificate of Insurance issued by the facility operator's insurance agent or company that names the County as an Additional Insured and includes the following coverage as applicable: General Liability Professional liability Employment Practices Liability Property (if the County owns the building) 8. If Brazos County operates a Jail Facility and/or Detention Facility, please provide a copy of the Certificate of Compliance from the Texas Commissions of Jail Standards. air~ _ _ _I 9. If a copy of the Certificate of Compliance is not held, attach information on actions being taken to bring facility into compliance. NOTE: Failure to provide Certificate of Compliance from the Texas Commissions of Jail Standards may result in the jail being excluded from coverage. Unreported Claims Are you, or any officer or employee, aware of, or have knowledge of any c stance, occurrence, fact or event which is likely to be a basis of a claim, either'now or in the future? Yes F o If yes, please describe: Has the situation been reported to TAC Claims Department? Yes No Eol113Fg. r/ Texas Association of Counties Brazos County # 0210 Risk Management Pool Coverage Number. R-CAS-0210-20221001-1 Brazos County (Member) acknowledges that the information submitted in this questionnaire and Auto Schedule is true and accurate, including all known potential claims. The information submitted may be used by the Pool in processing the renewal and in assessing the coverage needs of Member. The questions posed, or any wording of the questionnaire, should not and may not be relied upon by Member as implying that coverage exists for any particular claim or class of claims. The only coverage provided by the Pool to Member is as described in the applicable. Coverage Document, including any endorsements and the Contribution and Coverage Declaration, issued to a covered Member. Member acknowledges and agrees that vehicles not listed on the attached vehicle schedule, and/or additionally identified by Member as an update to the attached vehicle schedule, will not be provided coverage during the Coverage Period. If Member makes no changes, the Pool will assume Member is requesting renewal for the same Liability Coverage as in the previous applicable Coverage Period. Member understands that any failure to fully and accurately answer the questionnaire and any attached schedules may result in denial of coverage provided by the Pool. Coverage issued for Public Officials Liability and Law Enforcement Liability will apply on a Claims Made Basis. Signature of County Judge or presiding official of the Political Subdivision Date VOL Pg � Texas Association of Counties Brazos County It 0210 Risk Management Pool Coverage Number. R-CAS-0210-20221001-1 a �ssopy W �zTEXAS ASSOCIATION Of. RISK MANAGEMENT POOL Auto Schedule - Proposal COUNTIES Member: Brazos County RIPersonal Injury Protection Coverage Period: October 1, 2022 to October 1, 2023 F,711.1ninsured / Underinsu red Motorist 147 2008 Auto PhYSICal ..Inventory # CostNew Auto Dainage CHEVROLET SILVERADO 1GCHC23KX8F216076 6076 $24,983 X 285 2002 FORD WINDSTAR CARGO VAN J 2FT7A54402BA71814 1814 $16,304 X Department: Computer / Information Systems Total Number of Vehicles: 2 101 2007 FORD F1510 1FTRF12W87NA40921 921 $14,493 X 151 2009 CHEVROLET TAHOE 1GNEC0307911267824• 7824 $22,957 X 231 2013 DODGE CHARGER 2C3CDXAG1DH523605 3605 $22,465 X 232 2014 DODGE CHARGER 2C3CDXAG1EH349908 9908 (DA) $22,405 X 234 2014 DODGE CHARGER 2C3CDXAG3EH349909 9909 (DA) $22,405 X 237 2014 DODGE CHARGER 2C3CDXAGXEH349907 9907 $23,237 X 277 2005 FORD CROWN VIC P/I 2FAFP71W15X137464 7464 $20,173 X 281 2003 FORD CROWN VIC P/I 2FAFP71W83X148944 8944 $20,173 X 288 2011 CHEVROLET IMPALA 2G1WF5EK8B1169859 9059 $19,506 X 289 2011 ICHEVROLET IMPALA 2G1WF5EK8B1172020 2020 $19,506 X _ 00 2018 FORD EXPLORER 1FM5K8AR6JGA15960 $28,294 X X X X 2021 DODGE CHARGER 2C3CDXBGCMH53044 0 $24,859 X X X 2020 DODGE CHARGER 2C3CDXBG3LH117158 $24,746 X X X 4647 2021 CHEVROLET TRAVERSE 1GNERFKWXMJ21777 3 $25,580 X X X 2021 CHEVROLET TRAVERSE 1GNERFKWBMJ217948 $25,580 X X X 2021 CHEVROLET TRAVERSE 1GNERFKW3MJ218215 $25,580 X• X X Department: District/County Attorney Total Number of Vehicles: 16 345. 1 2012 OTHER LOOK UTILITY TRAILER 53BTR282SC0003246 3246 $61.,322 X X X 4 1 2011 OTHER COMFORTS OF HOME SHOWER/RESTROOM TRAILER 4C9TN1823BM081204 1204 $36,000 X X X X 4 2011 OTHER COMFORTS OF HOME SHOWER/RESTROOM TRAILER 4C9TN1821BM081203 1203 $36,000 X X X X 40 2011 OTHER COMFORTS OF HOME SHOWER/RESTROOM TRAILER 4C9TN182XBM081202 1202 $36.000 X X X X Texas Association of Counties Brazos County # 0210 Risk Management Pool Coverage Number. R-CAS-0210-20221001-1 Auto Physical 'y r Auto Damage Make Model Inventory # Liability C• Coll C.-Pi 1120011 1 -P 1408 OTHER COMFORTS OF HOME 4C9TN1828BM081201 1201 $36,000 X X X X SHOWERIRESTROOM TRAILER 0 ifehi6l Totat 6inb r.�"16e �,_.j.it. -T 142 2009 ICHEVROLET 1500 P/U IGCEC14C59Z276346 5346 $20,538 X 143 2008 CHEVROLET SILVERADO 1GCEC14X28Z278514 8514 $18,006 X 144 2007 CHEVROLET PICKUP 1GCEC14X67Z622294 2294 $18,008 X 169 2000 INTERNATIONAL DUMPTRUCK IHTSCAAN4YH231595 1595 $45,401 X 310' 2007 OTHER STAG UTILITY TRAILER 5NYBU20217NSCO926 926 $3,400 x 355 2017 CHEVROLET SILVERADO IGC2CUEGXHZI63646 $29,308 X X X 430 2019 OTHER TEXAS BRAGG UTILITY TRAILER 17XFD1426KI093957 $37,000 X X X 473 2021 IFORD F250 SD 1FTMF1C67MKD59272 $24.053 X X X 'T 14 rnhie4whWes- Ppw px0pocefitip U 358 2017 1OTHER DUMP TRAILER I BOG2EBD5HB624129 $6,120 X X X 472 2021 FORD F250 SD IFTBF2A66MED49579 $33,399 X X X 474 2021 IFORD F250 1FTBF2A62MED49580 $35,330 X X I X n F ltt6s &Wrelesisti)mmu Communication Department.. adi TotalNumW-0 dhlcles* ' 3 105 2006 FORD F150 1FTRW12W46KC15813 6813 $21,052 X 223 2009 DODGE CHARGER "6�panmentw 2B3KA43V49H627704 l!ge '�q 7704 V;;'�6 $19,255 X IJ W JN �iWmlp 24 2006 IDODGE GRAND CARAVAN 1D4GP24R05B249637 9637 $21,317 X 131 2001 IFORD 1/2 T PIU 1FTYRIOU71PB20520 620 $11,811 X 136 2006 CHEVROLET PICKUP IGCCS196368228640 8640 $13,558 X 137 2008 CHEVROLET COLORADO PIU IGCCS19EO88180458 458 X 138 2007 CHEVROLET COLORADO P1U IGCCS19E278182565 2565 $14,962 X 139 2003 CHEVROLET S10 1GCCS19XO38251300 1300 $100 X 155 2009 CHEVROLET TAVERSE 1GNER23D29S106559 6559 $24,769 X 283 2014 FORD EDGE 2FMDK3GC3EBB04738 4738 $22,016 X 292 2011 FORD FUSION 3FAHPOHGOBR293407 3407 $18,717 X 296 2012 CHEVROLET PICKUP TRUCK 3GCPCSEOXCG297644 7644 $24,963 X 298 2004 CHEVROLET SUBURBAN 3GNGC26UO4G201692 1692 $28.759 X 321 2015 FORD EDGE 2FMTK3G96FBB74624 $24,332 X 341 2016 FORD EDGE 2FMPK3G98GBC53313 $24,966 X X X 361 2017 CHEVROLET COLORADO 1GCGSBEN6H1186061 $24,330 X X X 387 2018 CHEVROLET TRAVERSE 1GNERGKW4JJ239981 $ 29,906 X X X 425 1997 INTERNATIONAL THOMAS BUS 1HVBBABN9VH519522 1 $42,495 X 426 1997 INTERNATIONAL THOMAS BUS IHVBBABNOVH519523 2 $42,495 X 476 2021 TOYO—A Texas Association of Counties Risk Management Pool 91ENNA 00000000000VIN001 $35,930 X X I , X Vol,. Pg. Brazos Co I Coverage Number: R-CAS-0210-;, anty # 0210 ?0221001-1 c To tal'tdumbe Department Health Servies r of Vehicles .. , ' 18 233 2014 DODGE CHARGER 2C3CDXAG3EH248370 8370 $21,980 X 322 2015 CHEVROLET EXPRESS 1GAZGZFF1F1284902 $27,212 X 323 2015 CHEVROLET EXPRESS VAN 1'GCZGUCF3F1244917 $26,421 X 333 2016 CHEVROLET VAN G30 1GAZGNFGXG1192562 95 $33,864 X X X X 343 2016 DODGE CHARGER 2C3CDXAGXGH356407 $47,805 X X X X 344 2016 DODGE CHARGER 2C3CDXAG8GH356406 $47,805 X X X X 368 2017 jCHEVROLET EXPRESS VAN 1GAZGNFG2H1311562 261 $29,714 X X X X 372 2017 OTHER GLAVAL BUS 1FDFE4FS8HDC58651 262 $78,859 X X X 417 2020 FORD EXPLORER 1FM5K8AB1LGA19615 273 $37,826 X X X X 418 2020 FORD EXPLORER 1FM5K8AB3LGA19616 274 $37,826 1 X X X X 464 2020 DODGE DURANGO 1C4RDHFG3LC430655 $29,473 X X X X 469 2020 DODGE DURANGO 1C4RDHFG3LC441459 $27.473 X X X Depart :; TotalW6*"66 of Vehicles:12 ment Jail 22 2015 IDODGE DURANGO 1C4RDHFG4FC740446 446 $26,121 X 318 2010 IDODGE CHARGER 2B3AA4CT5AH151171 1171 $20,871 X 337 2016 CHEVROLET EXPRESS VAN 1GAWGEFF3G1229851 $25,323 X X X 338 2016 ICHEVROLET EXPRESS VAN 1GAWGEFFXG1230608 $25,323 X X X 379 2018 FORD EXPLORER 1FM5K8AR3JGA83682 $42,402 X X X X 394 2018 FORD ,.. Y _. FOR EXPLORER 1FM5K7B87JGB91979 JUV1979 $26412 X X X �',;,:.�v '�,a?,YS �$:� :+,,• t� Yx �, .. { „t Ez,�, ti Total Number . _. ,. . �.., .... . ,,m_ ,,. .- ,,.. _..- __ a,,. IlkE _ a _,. ,,.,.,,t� K x Department,JuvenilerDepartment, k�e ytl . 3 2009 OTHER TEXAS BRAGG TRAILER 17XFT162691092043 X 30 2008 DODGE DURANGO 1 D4HD38N98F130542 542 $19,078 X 31 2005 DODGE RAM TRUCK 1 D7HA1 8N65J646608 6608 X 32 2004 DODGE DAKOTA 4x2 QUAD CAB 1 D7HL38N84S742786 2786 $14,529 X 41 2002 FORD 15 PASS CLUB VAN 1FBSS31L42HA65455 5455 $22,424 X 50 2008 FORD F250 1FDNF20518EA43784 3784 $23,531 X 57 2002 FORD El50 CLUB VAN 1FMRE112X2HA65453 $17,575 X 58 1999 FORD ECONOLINE VAN 1 FMRE112XXHB29207 9207 $17,301 X 81 2006 FORD F250 1FTNF20526EG37323 7323 $18,612 X 84 2005 FORD F250 1FTNF20555EB31821 1821 $20,816 X 90 2015 FORD TRANSIT 1FTNR3XG2FKA59533 9533 $28,907 X 100 2005 FORD ECONOLINE VAN 1FTRE14W86DA04392 4392 $22,000 X 115 2003 FORD F350 VAN 1FTSS341-63HA69841 9841 $21,121 X -140 2010 CHEVROLET COLORADO 1GCCSBD9XA8107104 7104 $14,224 X 145 2000 CHEVROLET 148 2008 CHEVROLET 149 2007 CHEVROLET 150 2009 CHEVROLET 284 2004 FORD Texas Association of Counties Fa• Risk Management Pool 3/4 T P/U SILVERADO P/U SILVERADO P/U SILVERADO Pg. IUL;tUIDIU13Tllyl3l3 1 GCHC29KX8E211523 IJIJ 1523 4-10,1w X 1GCHC29U87E167120 7120 $21,039 X 1GCHC43K99F122610 2610 $25,097 X 2FTRX17W44CA93865 3865-Brazos Cen $14,471 X Brazos County # 0210 Coverage Number: R-CAS-0210-20221001-1 Ca Auto Physical VIN # Inventory Damage Coll Corn 1) 301 2001 OTHER TOP HAT TRAILER 4R7BU16221T035234 5234 X 1 `n-1) p 373 2018 CHEVROLET EXPRESS 2500 1GCWAFG6J1195114 $24,626 X X X X 427 2019 FORD F250 6.2 L W/TOMMY LIFT GATE 1FDBF2AeXKEG21429 $35,000 X X X X 463 I ,; s �,� � 2020 FORD TRANSIT 250 VAN 1 FTBR3XG6LKA75703 a ra•i.` e Ate. R -. , °li . i .=n F^ :.!.' .'... , k .1 ''.ii-° ,: f.+ tl�•' ' s: , , �,,..T:-° =.,• , 3�.� �, <�,�� ,;r�:>+ � �,,�..s�.. �,: •����Departmeht^oM�intenan"cs, $33,616 w,ak 7 yc„,: X ,,p t X t r . `c'�? 193 2010 IDODGE CHARGER 2B3AA4CT4AH113692 3592 $20,404 X 257 2014 IDODGE CHARGER 2C3CDXAT6EH349724 9724 $36,446 X 384 2018 FORD EXPLORER 1FM5K8ARXJGA83680 603 $43,376 X X X X 403 2019 FORD EXPLORER POLICE INTERCEPTOR ...... : •.,..-, - . . _• r 3°; • ,t • ., ... Dep. 1FMSK8AR6KGB56430 �. ark t`� cf 1`' C statil rlien Precin on e. $36,683 X X X h, _. <, , f f VehMcles 'a; otal�Numtm o X 245 2014 DODGE CHARGER 2C3CDXAT2EH349722 9722 $36,375 X 251 2014 DODGE CHARGER 2C3CDXAT4EH349723 9723 $36,701 X 268 2014 DODGE CHARGER W/EQUIP ($6188) 2C3CDXATXEH187256 7256 $29,449 X 272 2011 FORD CROWN VIC 2FABP7BV9BX108696 8696 $21,069 X 347 2016 DODGE CHARGER 2C3CDXAT3GH356410 $49,000 X X X X 378 2018 FORD EXPLORER 1FM5K8AR1JGA83681 701 $43,376 X X X X 404 2019 FORD EXPLORER POLICE INTERCEPTOR 1FM5K8ARBKGB55431 $34,903 X X X X 410 2019 DODGE CHARGER 2C3CDXATOKH582882 _.., ._ , ..:.,a_ .'. , - :.. ..a., z -: r. ;r ;," > .•.. ...:N:.,.. ;•.a..,nf .[: i 4.. fr.<.ex1t1 �'�p'S � 7' -t'v 7r�`;jt '��'.a'y..4i'•i1rD M f. � a� y � M`++," � '`;:4 `• �;'' eparfine t:`Precinct 2;_ConS+�atile• • l $24120 'i: "' 1 ¢ F b�9R"'�.>'4f 'i•.lt�•°f•� ,^•'IT X 'A .Y. u�`:( Total, X »y °N berofVehicles bm X �8't:�' §y 4ij 238 2014 IDODGE CHARGER 2C3CDXATOEH349718 9718 $34,087 X 264 2014 IDODGE CHARGER 2C3CDXAT9EH349717 9717 $34,237 X 271 2010 FORD CROWN VIC _ 2FABP7BV8AX117601 7601 $21,533 X 346 2016 DODGE CHARGER 2C3CDXAT2GH356415 $49,000 X X X X ,: i 4A•. , ° a ,: " `. r i, s ,. ; r ki Deparlirieht. P.recinci.3 , on$tafiie r • , 9 ToEai:Nurhber. of VehicIgs 244 2014 DODGE CHARGER 2C3CDXAT2EH349719 9719 $34,755 X 260 2014 DODGE CHARGER 2C3CDXAT7EH349716 9716 $34,900 X 348 2016 DODGE CHARGER 2C3CDXAT6GH356417 $49,040 X X X X 388 2016 DODGE CHARGER 2C3CDXATOGH341006 $24,785 X X X X P 'D • •• ` ep Pre ,Constable ` - � o . . ° Brit, cipct 4 ` mi�� ro VeFiI es,4 2 1984 OTHER *EQUIPMENT UTILITY TRAILER OOOOOOOOOS1851154 1164 X X 4 1997 OTHER GENERAL SHELTER TRAILER 0011691J51622VC223 X 8 2000 FORD 1/2 T P/U 1FTRF17W4YNB66506 5606 $16,785 X 11 1984 OTHER LUFKIN DUMP TRAILER 11-01C3126111112744 2744 $12.000 X 14 1995 OTHER 28! TRAILER LOWBOY 16GL68G25SB031572 1672 $8,990 X 51 2013 FORD F350 CRANE TRUCK 1 FDRF3G64DEA69263 9263 $43,727 X 52 2009 FORD F350 1FDWF365X9EA55774 5774 $34,920 X 53 2008 FORD Texas Association of Countie Risk Management Pool 1FDWF36YX8EA15185 5185 $32,921 X Brazos Ca Coverage Number: R-CAS•0210- FPS50 VOL Pg. unty # 0210 20221001-1 Auto Physical ID -9 Year Make Inventory # Cost New Auto Damage Liability 54 2005 FORD TRUCK 1FDXF46Y25EA69392 9392 $37,984 X 55 1997 FORD F800 WATER TRUCK 1FDXF80C9WA17004 7004 $58,930 X 62 2011 FORD F250 1FT7W2A60BEB76323 6323 $24,971 X 63 2011 FORD F260 1FT7W2A69BEB76322 6322 $24,971 X 64 2012 FORD F250 PICKUP TRUCK 1 FT7X2A63CEB24022 4022 $24.763 X 65 2012 FORD F250 PICKUP TRUCK 1FT7X2A65CEB24023 4023 $24,763 X 66 2011 FORD F250 1FT7X2A66BEB76324 6324 $24,402 X 67 2012 FORD F250 PICKUP TRUCK 1 FT7X2A67CEB24024 4024 $24,763 X 68 2011 FORD F250 1FT7X2A68BEB76325 6325 $24,402 X 69 2013 FORD F250 1FT7X2B62DEA40418 418 $29,118 X 70 2013 FORD F250 1FT7X2B64DEA40419 419 $29,118 X 71 2014 FORD F250 1FT7X2B66EEB19950 9950 $29,310 X 72 2014 FORD F250 1FT7X2B68EEB19951 9951 $29,810 X 73 2014 FORD F250 1 FTBF2A61 EEB19949 9949 $24,581 X 74 2015 FORD F250 1FTBF2A61FEC56374 6374 $24,989 X 75 2014 FORD F250 1FTBF2A6XEEB19948 9948 $24,581 X 76 2015 FORD F260 1FTBF2A6XFEC56373 6373 $24,989 X 79 2006 FORD F250 1FTNF20506EC37319 7319 $18,392 X 82 2009 FORD F250 1FTNF20529EA55772 5772 $19,770 X 83 2009 FORD F250 P/U 1FTNF20549EA55773 5773 $19,770 X 85 2008 FORD F250 1FTNF20588ED57617 7517 $18,800 X 86 2008 FORD F250 1FTNF205X8ED57518 7518 $18,800 X 87 2008 FORD F250 1FTNF20518ED57519 7519 $18,800 X 88 2008 FORD F250 1FTNF2058BED57520 7520 $18,800 X 89 2006 FORD F250 1FTNF20596EC37321 7321 $18,463 X 91 2003 FORD F150 EXT. CAB P/U 1 FTPF171-13NA81956 1956 $20,603 X 92 2003 FORD F150 EXT CAB P/U 1FTPF17L33NA81957 1957 $20,603 X 93 2003 FORD EXT CAB P/U 1FTPF171-53NA81958 1958 $20,603 X 102 2009 FORD F150 P/U 1FTRF14W29KB57542 7542 $20,420 X 117 2010 FORD SUPER DUTY 1FTSX2B56AEB09396 9396 $25.239 X 118 2010 FORD SUPER DUTY 1FTSX2B58AEB09397 9397 $25,239 X 120 2004 FORD F150 1FTVF12524NB64796 4796 $20,372 X 121 2005 FORD F150 1FTVF12535NA78446 8446 $20,322 X 124 2005 FORD TRUCK 1FTVF12575NA78448 8448 $20,322 X 132 2003 FREIGHTLINER DUMP TRUCK CHASSIS 1 FVHBGCV83HM03053 3063 $65.885 X 157 1999 INTERNATIONAL TRACTOR TRUCK 1 HSGGAER5XH231597 1597 $79,126 X 160 1999 INTERN Texas Association of Counties Risk Management Pool 1HTGGAER2XH231598 1598 $69,743 X VOL fig. _ Brazos Co Coverage Number R-CAS-0210- unty # 0210 20221001-1 Darnige Coll comp W1642OC3 INTERNATIONAL DUMP TRUCK CHASSIS p1MTMM!AANp33H555608 6608 $46,129 X 166 2006 INTERNATIONAL DUMP TRUCK CHASSIS 1HTMMAAN36H234264 4264 $49.800 X 166 2003 INTERNATIONAL DUMP TRUCK CHASSIS 1HTMMAAN53H556609 6609 $46.129 X 168 2001 INTERNATIONAL MODEL 4700 - SAND TRUCK 1 HTSCAAN31 H405503 5503 $41,928 X 173 2001 INTERNATIONAL 41/2T CAB CHASSIS 1HTSCAAN91H353925 3925 $69,000 X 174 1994 INTERNATIONAL DUMPTRUCK 1HTSCPLN6RH549882 9882 $73,467 X 179 2006 OTHER INTERSTATE 70,000 LB LOWBOY TRAILER 1JK70SPS16L007180 7180 $39,875 X 180 2010 OTHER INTERSTATE FLAT BED TRAILER 1JKDLA403AM010697 687 $18,145 X 182 2006 MACK TRUCKTRACTOR 1M2AG11YX6M039024 9024 $101,839 X 183 2008 MACK TRUCK 1M2AN09Y18N002428 2428 $93,000 X 184 2007 MACK TRUCK 1M2AT04Y27M003198 3198 $86,108 X 185 2009 MACK TRACTOR TRAILER 1M2AX04Y29M005041 5041 $103,820 X X X 290 2012 INTERNATIONAL DUMP TRUCK MODEL 4300 3HAMMAAN7CL145268 5268 $77,327 X X X 291 2012 INTERNATIONAL DUMP TRUCK MODEL 4300 3HAMMAAN9CL145269 5269 $77,327 X X X 293 2006 FORD F750 WATER TRUCK 3FRXF75E96V351647 1647 $34,542 X 299 2014 INTERNATIONAL DUMP TRUCK MODEL 4300 3HAMMAAN8EL499433 9433 $79,291 X X X 302 2003 OTHER TOP HAT TRAILER 4R78U16253T047848 7848 X 303 1 2003 OTHER TOP HAT TRAILER 4R7BU16273T047849 7849 X 304 2001 OTHER TOP HAT TRAILER 4R7BU18201T031678 1678 X ' 307 2010 OTHER CPS TRAILER 5MC515626AP011408 1408 $30,763 X 311 2008 HINO DUMP TRUCK 5PVNV8JG082S50050 SO $67,500 X 312 2008 HINO DUMP TRUCK 5PVNVBJG282S50020 20 $67,500 X 313 2008 HINO DUMP TRUCK 5PVNVBJG482850021 21 $67,500 X 314 2010 HINO 338 5PVNV8JV3A4S51654 1654 $59,919 X X X 316 2010 HINO TRUCK 5PVNV8JV4A4S51646 1646 $59,919 X X X 316 2010 HINO TRUCK 5PVNV8JVBA4S51648 1648 $59,919 X X X 324 2016 OTHER TANKKO TRAILER 4T9TK4226G1121318 $34,425 X X X 339 2015 FORD F750 ASPHALT DISTRIBUTOR SFRXF7FK8FV667206 1043 $227,725 X X X 340 2016 INTERNATIONAL DUMP TRUCK 3HAMMMMN3GL45800 0 $78,905 X X X 356 2017 OTHER ETNYRE LOWBOY TRAILER 1E9322586HE111118 $82,851 X X X 357 2017, MACK TRACTOR TRUCK 1M2AN07Y2HM026357 $165,900 X X X 359 2017 MACK TRUCK GU713 1 M2AX07CXHM036326 • $138,500 X X X 360 2004 OTHER GRADALL XL3100 3140140 RB1025 $289,679 X 363 2017 FORD F250 IM, X21369HEC90860 RB539 $34,855 X X X 364 2017 FORD F250 1FT7X2862HEC90859 R13538 $34,855 X X X 365 2017 150 1FTMF1CFXHKC93069 RB537 $24,313 X X X FOIP-"' TexasAssociation of Coun Eva.p9. Brazos County # 0210 Risk Manaanagementment Pool �{� Coverage Number: R-CAS-0210-20221001-1 Auto Physical • .. ..• A Liability Coll comp a- L 366 2017 FORD F150 1FTMF1CF8HKC93068 RB536 $24,313 X X X 367 2018 INTERNATIONAL DUMP TRUCK 3HAMMMMN4JL591078 $82,162 X X X _ 369 2017 OTHER TEXAS BRAGG UTILITY TRAILER 17XFP1629H1076440 $2,158 X X X 370 2017 OTHER TEXAS BRAGG UTILITY TRAILER 17XFP1623H1077180 $2,158 X X X 371 2018 MACK 14YARD DUMP TRUCK •1M2AX07C5JM038135 $138,196 X X X 386 2019 INTERNATIONAL DUMP TRUCK 4300 3HAMMMMNlKL68007 4 $84,569 X X X 389 2015 INTERNATIONAL 4300 3HAMMMMN4FL74514 8 $80,597 X X X 390 2015 INTERNATIONAL 4300 3HAMMMMN6FL74514 9 $80,597 X X X 393 2012 OTHER GRADALL XL3100 3120000269 $289,679 X X X 395 2018 FORD F250 1FTBF2A64JEC94030 $23,918 X X X 396 2019 FORD F250 1FT7X2B62KEC34945 $29,781 X X X 397 2019 FORD F250 1FTBF2A65KEC34940 $23,918 X X X 398 2019 FORD F250 1FT7X2B60KEC34944 $29,781 X X X 401 2018 OTHER WANCO MESSAGE BOARD & TRAILER MODEL - WTLMB 5F12S1616J1003794 $13,965 X X X X 402 2018 OTHER WANCO MESSAGE BOARD & TRAILER MODEL - WTLMB 5F12S1618J1003795 $13,965 X X X X 409 2020 MACK GRANITE GR64F 16YD DUMP 1M2GR4GC7LM012585 $144,339 X X X X 411 2019 FORD F250 1FTBF2A67KEF19994 $26,371 X X X X 412 2019 FORD F250 1FTBF2A69KEF19995 $27,062 X X X X 413 2019 FORD F250 1FTBF2A60KEF19996 $27,543 X X X X 414 2020 INTERNATIONAL DUMP TRUCK 3HAEUMMN5LL866027 619 $87,007 X X X 415 2020 INTERNATIONAL DUMP TRUCK 3HAEUMMN7LL866028 620 $87,007 X X X 428 2019 FORD F350 SIGN TRUCK 1FDRF3G61KEF81799 $53,306 X X X X 432 2020 INTERNATIONAL DUMP MV607 3HAEUMMNXLL870929 621 $87,250 X X X 433 2020 INTERNATIONAL DUMP MV607 3HAEUMMN6LL870930 622 $87,250 X X X 465 2020 FORD F250 1FTBF2B61LED70188 $35,464 X X X 466 2020 FORD F260 1FT7X2B65KEE66763 $32,771 X X X 467 2020 FORD F250 1FTBF2A62LED95859 $30,465 X X X 468 2020 FORD EXPLORER 1FTBF2B63LED70189 $35,464 X X X 470 2021 INTERNATIONAL DUMP MV607 SBA 3HAEUMMONL641999 $70,203 X X X 471 2021 INTERNATIONAL DUMP MV607 SBA 3HAEUMMlNL642000 $70,203 X X X 477 2020 OTHER FLATBED CAR HAULER TRAILER 16VEX22221-2055445 $6,243 X X X 478 2020 OTHER DUMP TRAILER 16VDX162OL5054101 $7,828 X X X 479 2021 OTHER DUMP TRAILER 16V1D2124M5096264 $9,928 X X X 480 2021 FORD Texas Association of Counti Risk Management Pool - F 0 J"6 vol. Pg. 1FT7X2B65MED06465 $29,434 X X X Brazos Co Coverage Number: R-CAS-0210-; Linty # 0210 !0221001-1 ModelAuto Physical Auto Damage 0 Liability 481 2021 FORD F250 1 FT7X2A6BMED06462 i $25,684 X X X 482 2021 FORD F250 1FT7X2A63MED06464 $29,434 X X X 483 2021 FORD F250 1 FT7X2A6XMED06463 $25,684 X X X 488 1999 OTHER KAYLYNISEIBERT FOLDING GOOSENECK 41 FKE20929X100080 X 489 2021 OTHER GRADALL XL300 EXCAVATOR 31200005474 $314,747 X X X 490 2022 FORD F150 REG CAB 1FTMF1C53NKDO4528 $24,170 X X X 493 2021 OTHER .. ,., ,...: ...:.. , . ..� ; � . ,r. •.. 1. a.:...;,x+ �., Fa... a ^, ..� (e4,�- � r•. .w.,,�,x.,'.i�$,5:��.�a.'�_.,.,�.*2�^."�a.rr:�¢.yz�.�s�,;+.�•.,. XL3100 GRADALL 3120000547 �..:.:.' J. „ vY 5 t�. T;.: _ e . -,;. trprs: fit. .4'S, t°"+� R'd1'd�a: :.x,, .1 b ,t,: x ._ � ���� ,1� , �,.� ��dDe artment Roach&'�Frid e. t -�,� .:;..�,... u_.�`':*�._��z.a.-..�„-l�._,..__ ,..�......_�,... 9.:�?.. �' $371746 } " V' - .. f!'•, v � :;�?�rs ur,�Ts�a'_ X X X i Totai9Numtierof Veht es122 �. .,.�.. 9 2004 FORD ECONOLINE VAN 01 FTNE24LXHB42600 2600 $13,604 X 12 2007 DODGE MAGNUM 2D4GV47V77H14533 4533 $21,126 X 23 2015 DODGE DURANGO 1C4SDJFT5FC743099 3099 $29,231 X 27 2008 DODGE DURANGO 1D4HD38N78F130541 541 $19,078 X 28 2008 DODGE DURANGO 1 D4HD38N78F1 30586 686 $24,892 X 29 2008 IDODGE DURANGO 1D4HD38N98F126717 6717 $19,078 X 39 2009 IFORD ECONOLINE VAN I FBSS31 LX9DA49634 9634 $20,755 X 44 2008 FORD ECONOLINE VAN 1FBSS31L58DA95399 5399 $20,638 X 46 2008 FORD ECONOLINE VAN 1FBSS31L88DA95400 5400 $20,638 X 47 2007 FORD E350 VAN 1FBSS31LX7DA50991 991 $20,665 X 48 2009 FORD ECONOLINE VAN J 1FBSS31L19DA49635 9635 $20,755 X 49 2013 FORD E350 VAN 1FBSS3BL2DDA77600 7600 $27,189 X 59 2005 FORD EXPLORER 1FMZU62K35UB08864 8864 $21,031 X 78 2015 FORD F150 W/EQUIPMENT 1FTEW1CF6FFA60669 669 $29,813 X X 109 2009 FORD F150 P/U 1FTRW12W99FA65078 6078 $20,088 X 110 2005 FORD F150 1FTRX12W35NB70714 714 $14,816 X 112 2003 FORD F150EXTCAB 1FTRX17W53NA81068 1068 $19.200 X 113 1998 FORD VAN 1FTSE34L7WHA42319 2319 $2,450 X 114 2006 FORD E350 1FTSS341-36DA04389 4389 $22,736 X 141 2011 CHEVROLET COLORADO PIU 1GCDSCFEOB8103133 3133 $19,491 X 154 2007 CHEVROLET TAHOE 1GNEC13057R146342 6342 $27,643 X 156 2010 CHEVROLET TAHOE 1GNMCAE07AR188592 8592 $24,215 X 219 2009 DODGE CHARGER 2B3KA43T59H516433 6433 $19,936 X 235 2014 DODGE CHARGER 2C3CDXAG6EH349726 9726 $30,060 X 236 2014 IDODGE CHARGER 2C3CDXAG8EH349727 9727 $30,060 X 242 2014 DODGE CHARGER W/EQUIP ($15,562) 2C3CDXAT1EH190885 885 $38,851 X 252 2014 DODGE CHARGER W/EQUIP ($4599) 2C3CDXAT5EH190887 887 $27,888 X 269 2014 DODGE CHARGER W/EQUIP $15 562) 2C3CDXATXEH190884 884 $38,851 X 270 2014 DODGE --, , I 2C3CDXATXEH349712 9712 $39,264 X Brazos County # 0210 Coverage Number: R-CAS-0210-20221001-1 Texas Association of Coun ies pg. Risk Management Pool V ID Year Make 278 2005 FORD Model CROWN VIC P/I 2FAFP71W45X137460 Auto Physical Inventory ft Cost New Auto Dama e 7460 $20,248 X 295 2011 CHEVROLET SILVERADO 3GCPCSE08BG126261 6261 $23,133 X 297 2014 CHEVROLET SILVERADO 3GCUCREC3EG393964 $30,388 X 308 2011 JOTHER BLAZER TRAILERW/$5000 RADIO EQUIPMENT 5NHUBL622BY063298 3298 $10,486 X X 309 2009 OTHER BLAZER CARGO TRAILER 5NHUBL2179YO60145 145 $2,596 X 320 2010 JEEP CHEROKEE 1J4RS4GT8AC123757 3757 $20,606 X 325 2016 FORD F250 1FT7W2A67GE69571 78 $34,302 X X X X 327 2016 DODGE CHARGER 2C3CDXAT6GH139739 85 $38,235 X X X X 330 2016 DODGE CHARGER 2C3CDXAG5GH139735 80 $29,028 X X X X 331 2016 DODGE CHARGER 2C3CDXAG3GH139734 79 $29,028 X X X X 334 2016 FORD F150 1FTEW1CF7GKD58995 82 $33.944 X X X X 335 2016 FORD F150 1FTEW1CF9GKD58996 81 $33,944 X X X X 336 2016 IFORD F150 1FTEWICFOGKD58997 83 $33,159 X X X X 345 2016 DODGE CHARGER 2C3CDXAG9GH3564b1 $48,145 X X X X 349 2016 DODGE CHARGER 2C3CDXAGOGH356402 $48,145 X X X X 350 2016 DODGE CHARGER 2C3CDXATBGH351590 $48,915 X X X X 351 2016 DODGE CHARGER 2C3CDXAT8GH351591 $48,915 X X X X 352 2016 DODGE CHARGER 2C3CDXAT3GH351594 $48,915 X X X X 354 2016 DODGE CHARGER 2C3CDXAT1 GH351593 $48,915 X X X X 362 2017 FORD F160 1 FTEW1 CF7HKC87024 CID $33,900 X X X X 374 2018 FORD EXPLORER 1FM5K8AR4JGA83674 263 $43,376 X X X X 375 2018 FORD EXPLORER 1FM5K8AR3JGA83679 264 $43,376 X X X X 376 2018 FORD EXPLORER 1FM5K8AR8JGA83676 265 $43.376 X X X X 377 2018 FORD EXPLORER 1FM5K8ARXJGA83677 266 $43,376 X X X X 380 2018 FORD EXPLORER 1FM5K8AR9JGA83671 270 $43,001 X X X X 381 2018 FORD EXPLORER 1FM5K8AR1JGA83678 269 $43,376 X X X X 382 2018 FORD EXPLORER 1FM5K8AROJGA83672 268 $43,376 X X X X 383 .2018 FORD EXPLORER 1FM5K8AR2JGA83673 267 $43,376 X X X X 385 2018 FORD EXPLORER IFM5K8AR6JGA83675 $45,376 X X X X 399 2017 FORD EXPLORER 1FM5K8AR7HGE39965 272 $31,894 X X X X 416 2019 FORD EXPLORER 1FM5KBARXKGB55463 282 $38,673 X X X X 419 2020 FORD EXPLORER 1FM5K8AB5LGA19617 275 $39,826 X X X X 420 2020 FORD EXPLORER 1FM5K8AB7LGA19618 276 $39,826 X X X X 421 2020 FORD EXPLORER 1FM5KBAB4LGA19642 277 $39,826 X X X X 422 2020 FORD EXPLORER 1FM5KBABBLGA19644 278 $39,626 X X X X 423 2020 FORD 1EXPLOREIR IFM5K8ABXLGA19645 279 $39,826 X X X X 424 2020 FORD EXPLORER / 1FM5K8AB5LGA19620 $35,825 X X • X X Texas Association of Countiei Vol, Pg. �( I Brazos Cc Risk Management Pool Coverage Number. R-CAS-0210; inty # 0210 !0221001-1 . • 429 YearCost 2020 FORD EXPLORER 1FM5KSABXLGA19614 Auto Physical Auto Darnage New Liability 283 $38,825 X X X X 431 2020 IFORD EXPLORER 1FM5K8AB2LGA19641 $35,825 X X X X 462 2020 FORD EXPLORER 1FM5K8AB9LGA19619 $36,565 X X X X 491 2022 FORD F150CREWCAB 1FTEW1C59NKD04537 $31,835 X X X 492 2022 FORD F150 CREW CAB 1FTEW1C57NKD04536 $28,970 X X X 494 2022 FORD F150 1FTEW1C55NKD04535 $28.970 X X X 495 2022 CHEVROLET TAHOE 1GNSCLEDXNR249039 $38,015 X X X X 496 2022 CHEVROLET TAHOE 1GNSCLEDONR248899 $38,015 X X X X 497 2022 CHEVROLET TAHOE 1GNSCLEDlNR248832 $38,015 X X X X 498 2022 CHEVROLET TAHOE 1GNSCLED9NR248819 $38,015 X X X X 499 2022 CHEVROLET TAHOE 1GNSCLEDBNR23283 $38,015 X X X X 500 2009 IFORD F650 3FRNF66C29V130510 $36,000 X X X X 501 2006 OTHER J & L CARGO TRAILER 4U01C24226A027094 $45,000 X X X 502 2022 CHEVROLET TAHOE 1GNSCLED9NR239120 $33,936 X X X w ,-:,. sl)e a entsSheriff��# F, �r':sr ara,r,. �r,v , .TQtaI Num6e�hofVefticless; $O �a, 152 2009 ICHEVROLET TAHOE 1GNEC03089R124705 4705 $22,957 X 392 2009 CHEVROLET TAHOE 1GNEC030X9R155082 $38,267 X 434 2020 FORD TRANSIT 1 FBAX2C87LKA1 6962 $37,731 X X X 435 2020 CHEVROLET TAHOE 1GNLCDEC7LR283227 $37,120 X X X X 436 2020 CHEVROLET TAHOE 1GNLCDEC7LR287049 $37,120 X X X X 437 2020 CHEVROLET TAHOE 1GNLCDEC9LR242226 $37,120 X X X X 438 2020 CHEVROLET TAHOE 1GNLCDEC9LR280880 $37,120 X X X X 439 2020 CHEVROLET TAHOE 1GNLCDEC4LR283363 $37,120 X X X X 440 2020 CHEVROLET TAHOE 1GNLCDECOLR294778 $37,120 X X X X 441 2020 CHEVROLET TAHOE 1GNLCDECOLR282209 $37,120 X X X X 442 2020 CHEVROLET TAHOE 1GNLCDEC6LR282571 $37,120 X X X X 443 2020 CHEVROLET TAHOE 1GNLCDEC5LR237752 $37,120 X X X X 444 2020 CHEVROLET TAHOE 1GNLCDECBLR281714 $37,120 X X X X 445 2020 CHEVROLET TAHOE 1GNLCDECXLR282492 $37,120 X X X X 446 2020 ICHEVROLET TAHOE 1GNLCDEC8LR280871 $37,120 X X X X 447 2020 ICHEVROLET TAHOE 1GNLCDEC9LR282516 $37,120 X X X X 448 2020 CHEVROLET TAHOE 1GNLCDEC1LR294109 $37,120 X X X X 449 2020 CHEVROLET TAHOE 1GNLCDEC3LR235871 $37,120 X X X X 450 2020 CHEVROLET TAHOE 1GNLCDEC4LR235958 $37,120 X X X X 451 2020 CHEVROLET TAHOE 1GNLCDEClLR237960 $37,120 X X X X 452 2020 CHEVROLET TAHOE 1GNLCDEC3LR237619 $37,120 X X X X 453 1 2020 JCHEVR Texas Association of Counties Risk Management Pool 1GNLCDEC2LR276900 $37,120 X X X X Brazos Co Coverage Number: R-CAS-0210; ET ���// MICE vol.d Pg. 7A unty # 0210 20221001-1 Auto Year Make Model VIN # Darnage F454 2020 ICHEVROLET TAHOE 1GNLCDECOLR294733 $37,120 X X X X 455 2020 CHEVROLET TAHOE 1GNLCDEC2LR281370 $37,120 X X X X 456 2020 CHEVROLET TAHOE 1GNLCDEC9LR246860 $37,120 X X X X 457 2020 CHEVROLET TAHOE 1GNLCDECSLR294713 $37,120 X X X X 458 2020 CHEVROLET TAHOE 1GNLCDECOLR283134 $37,120 X X X X 459 2020 CHEVROLET TAHOE 1GNLCDEC5LR210017 $37,120 X X. X X 460 2020 CHEVROLET TAHOE 1GNLCDEC5LR276664 $37,120 X X X X 461 2020 CHEVROLET TAHOE 1GNLCDEC7LR288721 $37,120 X X X X W n, Department Unassi rieilbe artment Total Number ofVAh%'les;" 30 Totals Auto Liability Auto Physical Damage, Collision Auto Physical Damage, Comprehensive Total Number of Vehicles 347 176 176 Texas Association of Counties Brazos County # 0210 Risk Management Pool Coverage Number: R-CAS-0210.20221001-1 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 7/5/2022 ITEM: Approval forthe following Item(s) to be included in the Brazos County Proposed FY2022- 2023 Budget. 1. FY2023 Merit Distribution Policy TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ACTION REQUESTED OR ALTERNATIVES: Commissioners Court Nina Payne 06/16/2022 False False $0.00 Request approval. ATTACHMENTS: File Name Descirloon Tvoe Merit Guidelines FY 23 Final.pdf FY 2023 Merit Distribution Policy Cover Memo <�: ilea I - a aL Duane Peters Date . County Judge Vol. 34 Pg. —.� BRAZOS COUNTY, TEXAS FY 2023 MERIT DISTRIBUTION POLICY MERIT PAY DISTRIBUTION GUIDELINES Brazos County Commissioner's Court is proposing to provide to all operating divisions, funds to be used by the elected official and/or department head for the sole purpose of employee merit pay. The merit pay pool for each department provides the elected official and/or department head the opportunity to reward those employees within their department for outstanding performance. The following guidelines are to be followed by all elected officials and/or department heads with implementing the use of merit pay increases for Fiscal Year 2023: 1. To be eligible to receive merit funds from the merit pool an employee must be employed with the County for six (6) months as of June 30, 2022. 2. Deadline for submission to the Budget Office is on 3. All merit pay requests must be made using the Proposed FY 2023 (7.5% COLA) Salary Grade Chart (e.g. all request must be based on the step Increases provided for the group in which the employee is currently classified). 4. Merit may not be used on a position that is proposed to be adopted in the FY 2023 Budget that is receiving an increase that is above the Cost -of -Living Adjustment. 5. Merit may not be used to increase an employee's salary overthe salary cap fortheir position. Currently the salary cap within each group is a step 20. 6. Employees, who are on group and step, cannot be increased by more than 1 step. 7. All merit pay will be based on an annualized basis regardless of what the effective date of the distribution of the merit pay. 8.. At no time during the year may the elected official and/or department head, under the direction of Commissioner's Court, use funds available in the merit pool for the department to increase the elected official or department head's salary. 9. Once the elected official and/or department head has chosen the positions) to receive a merit, a memo should be submitted to the Budget Office requesting a Position Control Changes calculation worksheet for FY 2023. Items to be included in the memo are as follows. Position Title, Class Code and Position Number, Budgeted Group/Step, Requested Step, AND Hire Date. For employees who are not on Group/Step, list the percentage of increase or dollar amount. NOI. �� Pg.. Page 1 of 3 MERIT PAY DISTRIBUTION GUIDELINES CONT. 10. Commissioner's Court has the right to deny and/or modify Personnel Action Forms that are submitted for merit approval. 11. If the total department merit goes over what is awarded, the County will support overages JNI0Lo or below. MERIT CALCULATION GUIDELINES AND EXCEPTIONS 1. Calculations are based on the FY 2022 Adopted Position Control as of October 1, 2021. 2. Only use the following accounts in the merit calculations: a. 51100000 Salary— Election Official b. 51150000 Salary— Appointed Official c. 51200000 Salary — Department Heads d. 51300000 Salary —Staff e. 5 1400000 Sa la ry — AG Extension f. 51440000 Salary — Law Enforcement g. S1610000 Hourly —Staff h. 51615000 Hourly — Law Enforcement L 51630000 Hourly —Part -Time j. 51630000 Hourly —Temporary k. 51635000 Hourly —Three -Quarter Time 1. 51990000 Accrued Salary and Wages 3. Merit Calculation a. Department Salary Accounts* 1 % =Merit Award 4. Exceptions a. County Judge and Veterans Services 1. Use the following positions under County Judge and Veterans Services: B0201-1, B0222- 1, B0223-1, 80224-1, B0240-1, B0241-1, B0243-1, B0209-1, B0219-1, B0218-1, B0225-1, B0213-1 b. Commissioner's Court L Use the following positions under Commissioner's Court: B0101-1, B0111-1, B0116-1 c. Fleet Services I. Merit includes the following divisions:11100000 and 56002000 I d. Facilities Services i. Merit includes the following divisions: 17000100 and 17000200 e. District Attorney Administration 1. Merit includes the following divisions: 19000100,19010000,191000,192000 and 19200100 E 31 Pg.._.Page 2 of MERIT CALCULATION GUIDELINES AND EXCEPTIONS CONT. f. District Clerk i. Merit includes the following divisions: 20000100 and 20010000 g. 85d', 272nd and 361s' District Courts 1. Include the $140,000 state salary for each District Court h. Juvenile Court Referee i. Include the full salary of Associate Judge #2-132206-1 i. Associate Judge #1 i. Do not include Specialty Court j. Associate Judge #2 i. Do not include the salary of Associate Judge #2-B2206-1, use the full salary of Family Law Associate Judge-B2905-1 k. Sheriff Office: Administration i. Merit includes the following divisions: 28000100, 28004000, 51000100 I. Sherriff Office: Jail Administration i. Merit includes the following divisions: 28002000 and 28003000 m. Juvenile Administration i. Merit includes the following divisions: 31000100, 31000110, 31000130, 31000140, 31000220, 31000330, 31040030, 312110, 312111, 312123, 312132, 312143, 312154, and 31215 n. Exposition Center i. Merit includes the following divisions: 36000100 and 36100100 o. Hotel Occupancy Fund (Fund 11000) i. Merit can only be used for division 11002500 p. County Clerk Records Management (Fund 20000) i. Merit can only be used for division 21000500 q. District Clerk Archival Fund (Fund 23010) i. Merit can only be used for division 20006000 r. Metropolitan Planning Administration (Fund 30000) & Regional Mobility Authority (Fund 98000) I. Merit includes the following divisions: 42400100 and 424100 s. Health and Life Fund (Fund 50000) Health and Wellness Clinic i. Merit can only be used for division 64005100 t. Jail Commissary (Fund 55000) 1. Merit can only be used for division 28006000 Voi. �pg. 7--7 Page 3 of 3 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 7/5/2022 ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: SOURCE OF FUNDS: NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: Request approval to wire transfer up to $3,596,581.82 from the Brazos County Local Provider Participation Fund for DSRIP DY 10 Round 3 for qualifying hospitals. Commissioners Court Nina Payne 06/29/2022 False False $0.00 Local Provider Participation Fund - Fund 16000 Use TexNet System entered by Tuesday, July 5, 2022, with settlement date of Wednesday, July6, 2022, using the DSRIP bucket. Request approval. ATTACHMENTS: File Name Description DY10_Rnd 3 DSRIP_IGT -_Brazos County_LPPF_ Memo.pdf DY 10 Round 3 DSRIP Memo. DY1C Rnd 3_DSRIP_IGT Aoocat3on Brazos Dlstribufion Budgetpdf DY 10 Round 3 DSRIP Backup Vd. L pg. - !me Cover Memo Backup Material IS') J-x Duane Peters Matte County Judge From: Kelly 0"Brien To: Edward C. Bull: Katie D, Conner: Laura T Davis: Nina Payne Cc: Justin Flores: Robin Daniel: Cott Sullivan: Melanie MgQmmon: Cleoney Lawrence Subject: DYIO Rnd 3 DSRIP IGT - Brazos County LPPF Date: Tuesday, June 28, 2022 1:55:17 PM ;Brazos County Disclaimer 4****,This is an email from an EXTERNAL source.'.DO NOT click -links or open attachments ,unless you recognize the sender and have verified that the content is safe. Never enter 3USERNAME, PASSWORD or sensitive -information on pages linked from this email.***** i .. ...------• -•-•-- ---- ----------------------•-------......•-----......---..........------.....---.....--------- Good afternoon, Brazos County Team. The hospitals participating within the Brazos County LPPF would like to request the following IGT amount be submitted for the upcoming DY10 Round 3 DSRIP IGT. HHSC requires IGT amounts be entered into TexNet no later than close of business uesda, Jul, 5 202.2 with a settlement date of Wednesday, July 6th, 2022. Y510 Round 3 DS-R- 8 - T� r guesewd 1. a , .ouin$11.8r Please note the following: • The IGT funds will need to be placed in the "DSRIP" Bucket. • HHSC does not require an allocation form for DSRIP . Once TexNets have been submitted, please provide a screen shot or PDF of the confirmation/trace sheet to _ FD I I - P.r ,vuW-55 h.h , AHCV also kindly requests to be copied on the email submission to HHSC. Please let us know if you have any questions or concerns. Regards, Kelly Kelly O'Brien Adelanto HealthCare Ventures L.LC. 401 W. 15th Street, Suite 840 1 Austin, TX 78701 Main Office: (512) 322-9413 Direct: (802) 825-2466 10TI w1 • iL3rffiii'1 va. 26 Pg. �q Brazos County LPPF DY10 Round 3 DSRIP IGT Agenda Date: July 5, 2022 TexNet: Tuesday, July 5, 2022 Settlement Date: Wednesday, July 6, 2022 Bucket, DSRIP TRACE Number: The Trace Number is in the receipt you receive from the Comptroller once you have submitted your IGT into TexNet. Budget• 73501000 73503000 TP! Hospital Government Entity IGT Total Scott & White St 3oseph Total ' 12 77 002 Brazosport Regional Health System Brazos County LPPF 335 961.21 335 961.21 335 961.21 127300503 St. Luke's Episcopal Hospital Brazos County LPPF $1 214 774.57 1 214 774.57 1,214,774.S7 020860501 St. Joseph Regional Health Center dba CHI St. Joseph Brazos CountV LPPF $505,595.08 505 595.08 505 595.08 127267603 St. Joseph Regional Health Center Brazos County LPPF $484,142.09 484 142.09 484 142.09 160630391 St. Luke's Communi Health Services The Woodlands Brazos Coun LPPF 832 915.45 832 915.45 $ 832 915.45 326725404 Scott & White Hospital College Station Brazos Coun LPPF 111 375.00 $ 111 375.00 111 375.00 135226205 IScott & White Hospital Brenham lBrazos County LPPF I • $111 818.42 $ 111818.42 111 818.42 1Z3 193.4"L 3 373 3t1tf.R0 3 596 5tfl.tiL Total PGY1 Final CHIRP IGT $3,596,581.82 Nina Payne npayne@brazoscountytx.gov 979-361-4186 Katie Conner kconner@brazoscountytx.gov 979-361-4359 AAENI DDENT #2 TO 22-082 - Various Agg egates, Cold Mix. and Other Road Waterials TICS AM9NDAMNT TO 22-092 - Varioeas Aggregates, Cold Aft and Other Road Materials ("Amendment") isentered inta and effective this 5th day of July, 2022 ("Effective Date") through January 31, 2023. {"Expiration Date") by and -between Brazos County ("Customer"), and Statewide Matedlals Transport, Ltd. ("Provider") 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 # 22-082 ("Agreenierit") for purposes . of Statewide Materials Transport to provide various aggregates, cold mix and other road Materials for Brazos County; and VVHEREAS, the Parties desire to amend. the pricing as set forth in orig nal contract # 22-082. AC]i CEMENT NOW THEREFORE, -in consideration of the above premises, andother good and valuable consideration, the receipt Arid sufficiency of which are hereby acknowledged, the Parties hereto agree'to amend the Agreement as follows: I. The world markets for fuel have expetienced great volatility due to various circumstances- making long term price- commitments for delivered products difficult to maintain, therefore requiring some flexibility for Riel costs. To provide some cost control for annual contracts, a. Add the fuel surcharge below to the cost of freight based on the. weekly cost of fuel as determined by the US Energy Information Administration Gasoline &c Fuel Update, Gulf Coast. Region. The fuel surcharge percentage will be multiplied by the freight established below for each product: i. 1,C, Flex Base- Item 247, Type A. Grade 1,.Delivered Anywhereb County $17.45 ,.R. .l,D, Flex Base- Item 247, Type A, Grade 1, Delivered to County Yard on Hwy 21 $12.20 iii. 11, C, Oversized Aggregate, 3x6 TxDOT 459, Del. Anywhere in .County $16.20 iv. 11, D, Oversized Aggregate, 3x6 TxDOT 459, Del. To County Yard on Hwy. 21 $12.20 v. 14, D; Ripr-ap, TxDOT Item 432, Type 1Z, Delivered to County Yard on Hwy. 21 $16.50 FUEL SURCHARGE Price of Fuel . F5C $3.76-$44.04 03% $4:01474.25 . 0501, $4.2644.50 07% $4..5144.75 00% $4.76-$5.00 11°l0 Vol, Pg. g $5.0145.25 13%- $5.2645.50 15% 15.5145.75 17% $5,7646.00 196/0 -$6.614625 11% $6.2646.50 23% S6:514635 .25% 1 $6.7.6-$7.00 IY 27 e I Every $24increase Add 02% 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 -exec-Lited hi counterparts, all of which taken together shall constitute -one instrument. Electronic oufacsimile.si;gnature's are- acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. CORAZOS STATEWIDE MATgRULS TRANSPORT CO LTD. Si re Sisna e, Mam, 4 Name U L�oLwnj Title Title G / go a.-L .4; Date Date 4�?—1 — Vol. P', REQUEST FOR BID RE -ADVERTISEMENT FOR BID NO.22-082 Various Aggregates, Cold Mix and Other Road Material SEALED PROPOSALS TO BE SUBMITTED BEFORE: Thursday, January 13, 2022 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 3614290 Fax: (979) 361-4293 Vendors, their employees and/or representatives are prolu'bited 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 Bid. Any such contact will be grounds for rejection of the vendor's bid. 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 Bid 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: Statewide Materials Transport, LTD. By (mot). Kris Meachen Title: Sales & Operations physical Address: 14411 Hwy 290 East, Manor, Texas 78653 Mailing Address.. P.O. Box 1080 Manor, Texas 78653 Telephone: 512-279-7625 Fax: 512 279-7629 E-Mail: kris@statewidematerials.com vor.Pg. 93 Bid Request No. 22-082 Page 2 of 17 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas until 2:00 pm., Thursday, January 13, 2022, at which time bids will be publicly opened and read aloud. A. SCOPE OF BID Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid request for a one (1) year period beginning February 1. 2022 through January 31, 2023 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. " BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all cotinty business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to finish supplies and/or services over a designated period of time during which repeated purchases ate made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to finish materials and services specified in this bid request. g. SUPPLIER - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated. 3. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the bidder must have the bid actually delivered. 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential bidder. Only written specifications and written price quotations will be considered. Vol. `C Pg. s�--- Bid Request No. 22-082 Page 3 of 17 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 7. Bidder must include Tax Identification Number for the bid to be valid. 8. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontrdnsferable and may not be reassigned by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty -day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Extended price c. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products bid h. Vendor's past performance record with Brazos County. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to vendor considered to be the best value to Brazos County. 12. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required: 13. Title and risk of loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement, when applicable. 15. Bids must be submitted on quantities and units of measure specified by the bid documents. in the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable Vol. 3 � 4 Pg.. L ~J Bid Request No. 22-082 Page 4 of 17 time of the specified delivery in the bid, the entire order or contract may be canceled, and the bidder barred from quoting in future bids. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 18. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids received after the expressed date and time listed in this bid will be rejected or returned unopened to the vendor. Bids submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted. 19. It is the Bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf info form1295.1itm for more information. 20. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda or their proposal may be considered non -responsive. 21. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos Valley e-Marketplace (www.brazosbid.ionwave.net) after bid award by Commissioner's Court. 22. Brazos County reserves the right to extend this contract annually for a maximum of three (3) additional one (1),year periods with no changes in the terms or conditions of this contract, if agreed upon by both parties. 23. The successful offeror agrees to extend prices and terns to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. Vol. pg. 5 .4 Bid Request No. 22-082 Page 5 of 17 24. Three (3) references are to be provided by bidder. Failure to submit references may result in disqualification of bid. Brazos County department references will not be accepted. 25. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 26. Any Subcontracting must be approved prior to commencement of the contract by Brazos County. 27. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 28. Any brand name, or manufacturer's reference used is considered to be descriptive - not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages of the items listed in the bid. If notation of substitution in not made, it is assumed the vendor is bidding the item specified. 29. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 30. In the event the Supplier is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Supplier's control, the County reserves the right to purchase these items from any source, without causing this contract to be canceled. 31. The successful vendor should submit itemized invoices with clearly marked remittance copies to the following address; Brazos County Auditors P.O. Box 914 Bryan, TX 77806 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the successful vendor only, and shall not include sub -contractors, assignees, or any other party. 32. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request from County. - VOL Pg. g ?1 Bid Request No. 22-082 Page 6 of 17 33. Upon award of contract for any commodity or materials purchased by Brazos County, the vendor agrees to protect the county from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 34. Unless otherwise specified, all items ordered from the successful vendor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 35. Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 36. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. C. SPECIAL PROVISIONS 1. All deliveries are to be made F.O.B. Brazos County Road and Bridge Department, during regular working days, and between the hours of 7:30 A.M. and 5:00 P.M. Monday through Thursday, unless otherwise requested by the County and loaded into County trucks by the Supplier; or loaded and hauled and delivered anywhere in the County by the Supplier during the mentioned working days and hours. 2. Vendor will be required to notify the Brazos County Road & Bridge in the event of unforeseen delay arising in the delivery of a specified shipment. In the event a shipment will not arrive at the job site within two (2) hours of designated time Brazos County shall have the right to refuse acceptance of the order. 3. Vendor will be required to deliver to Brazos County Road and Bridge Department or job site in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. 4. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right of way any materials that are deemed unsatisfactory, at no cost to the County. 5. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (1F APPLICABLE). 6. Any Vendor vehicles traveling on County roads will not exceed its legal gross weight. Vol., pg. �_ r Bid Request No. 22-082 Page 7 of 17 7. If samples or sample testing is required, Brazos County will perform test through a third party. Vendor will be required to allow the third party access to the facilities in order to acquire samples for testing. Failure to submit requested testing may disqualify bid. A INSURANCE REQUIREMENTS I. The Bidder shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Bidder shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and 1,000,000 Employer's Liability Insurance with waiver of subrogation. b. General Liability with limits for bodily injury and for property damages of not less than $2,000,000 aggregate, 1,000,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. c. Comprehensive Automotive Liability with $1,000,000 CSL for Bodily Injury and Property Damage Liability. d. Cargo Insurance to sufficiently cover materials transported. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Bidder receives notification of award. 4. The Vendor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Vendor's employees and the operation of his equipment. The Vendor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Vendor's employees' activities. Further, the Vendor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Vendor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the vendor or Brazos County. Vol. Pg. i Bid Request No. 22-082 Page 8 of 17 L REFERENCES Vendors shall provide a list of at least three (3) 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. A negative reference may be grounds for disqualification of bid. Bidders are not allowed to use Brazos County as a reference. Company/Entity: Kelly Burt Dozer Contact: Kelly Burt Phone: 979-778-1902 Email: burtdozer@tconline.net Company/Entity: Brazos Paving Inc Contact: Billy Prewitt Phone: 979-412-5138 Email: b.prewitt@bpitx.com Company/Entity: Martin Marietta Contact: Richard Zamora Phone: 979-412-3219 Email: richard.zamora@martinmarietta.com Vol. Pg.. ° Bid Request No. 22-082 Page 9 of 17 F. SPECIFICATIONS 1. Unless otherwise specified, when order is placed all items in this bid shall meet or exceed Texas State Department of Highways and Public Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 2014 Edition, except line item #1, 3, & 4 2004 Edition shall apply for these line items. Each type and grade may be subject to "Quality" testing and acceptance by Brazos County. 2. Contractor will be required and responsible for maintaining proper permits to operate on Brazos County roads and/or property. 3. Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid and labeled as such. 4. This applies to rail delivery only. Due to rapidly fluctuating costs associated with rail delivery of Aggregate Products, this bid can be reviewed quarterly. At the request of the awarded Suppliers(s), after the first 60 calendar days of each quarter, the Primary and Secondary Contractor(s), if applicable, along with Brazos County, will evaluate the awarded bid price.. Contractor will be responsible for initiating any change in price and providing proof of the increase in cost. If the pricing is still agreeable to the Contractor(s) and/or Brazos County, the bid will continue to be in place for the following quarter. If the pricing is not acceptable by either the Contractor(s) or Brazos County, the contract will be cancelled, and the items will be listed for bid again. At any given time, a price may be set for the duration of this bid upon agreement between the Primary and Secondary Contractors and Brazos County. 5. All pricing given that does not have rail delivery will remain firm for the term of this contract. 6. SPECIFICATIONS FOR CEMENT STABILIZED SAND a. CEMENT -Type I Portland Cement conforming to ASTM C150. b. SAND - Clean durable sand meeting grading requirements for fine aggregates of ASTM C33, and the following requirements: i. Classified as SW, SP, or SM by the United Soil Classification System of ASTM D2487. I Deleterious materials: 1. Clay lumps; ASTM C142; less than 0.5 percent. 2. Lightweight pieces, ASTM C123; less than 5.0 percent. 3. Organic impurities, ASTM C40; color no darker than standard color. 4. Plasticity index of 4 or less when tested in accordance with ASTM D4318. c. WATER - Potable water, free of oils, acids, alkalis, organic matter, or other deleterious substances, meeting requirements of ASTM C94. d. TESTING REQUIREMENTS i. Mixing plant inspections may be performed periodically. Material samples shall be collected and tested for change in mate ' a .rice _ ' n Vol. a&' /s Pg. I' 1 -"f Bid Request No. 22-082 Page 10 of 17 ii. Random samples of delivered product may be taken in the field at point of delivery for each day of placement in the work area. Specimens will be prepared in accordance with ASTM D1632 and tested for compressive strength in accordance with ASTM D1633. iii. The cement content may be tested at the discretion of the County. iv. DESIGN REQUIREMENTS: Design sand -cement mixture to produce a minimum unconfined compressive strength of 50 pounds per square inch in 48 hours and 100 pounds per square inch in 7 days when compacted to 95% in accordance to ASTM D558 and when cured in accordance with ASTM D1632, and tested in accordance with ASTM D1633. Mix for general use shall contain a minimum of 1 % sacks of cement per cubic yard. Compact mix with moisture content between 0% to 2% above optimum. The maximum compressive strength in 7 days shall be 400 psi. Brazos County will not pay for any materials that do not meet the minimum compressive strength requirements or any materials that exceed the maximum compressive strength requirements. e. NIIXING: i. Thoroughly nix sand, cement, and water in proportions specified by the Design Requirements using a pugmill-type mixer. The plant shall be equipped with automatic weight controls to ensure correct mix proportions. ii. Stamp batch ticket at plant with time of loading directly after mixing. Material not placed and compacted within 4 hours after mixing shall be rejected. iii. SPECIFICATIONS FOR 1 V2" BACKFILL AGGREGATE (LIlVIESTONE) 1. Provide a material of specified size, 1 V2 inch crushed and washed limestone. iv. SPECIFICATIONS FOR PROTECTION RIPRAP 1. TxDOT Item 432, 2.3.4 Ref. Table 1 & 2 Material may consist of limestone or broken concrete. Cut all exposed reinforcement flush with all surfaces. Vol. `( Pg. °lam Bid Request No. 22-082 Page 11 of 17 G. QUOTATIONS The following quantities are estimates of our anticipated purchases and will be used for tabulation purposes only. The specified estimates are not guaranteed minimums. Fill in the blanks with unit prices that are firm for the entire period of this contract. All unit prices are to include all delivery charges to Brazos County jobsites, including freight and pumping charges. The designation of 1180,000# Yard" will be delivered to the Road and Bridge yard on Highway 21 in Bryan. The designation of "80,000 # AWIC" will include charges to deliver the material anywhere in the County. The designation of 1158,420 # AWIC" are loads to be delivered in small dump trucks, not tractor -trailers; and will include charges to deliver the material anywhere in. the. County. Some sites do not have adequate space to turn around or do not allow for safe backing of a trailer to the dump site. LOADED AND HAULED - F.O.B. BRAZOS COUNTY (PRICE PER TON) Base Loaded 58,420# . 80,000# 80,000# Only Loaded/ Loaded/ Loaded/ Hauled Hauled Hauled to Anywhere Anywhere County Yard in County in County on SH 21 Item Tonnage Description Per Ton Per Ton Per Ton Per Ton 1 30,000 Flex Base - Item 247, Type A, Grade 1 $47.00 $28.35 $23.10 Product Name: When order is placed for line item #1 in this bid., it shall meet or exceed Texas Pricing includes testing State Department of Highways and Public Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 2004 Edition. Product Number 247 2 5,000 Cem Treated Base (Plant Mix) - Item 276, Class M, Type A, Grade 1-2 No Bid No Bid No Bid No Bid Product Name: *When order is placed for line item #2 in this bid, it shall meet or exceed Texas State Department of Highways and Public Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 2014 Edition. Product Number Vol. Pg. '7 �J Bid Request No. 22-082 Page 12 of 17 Cold Mix / Asphalt Patch Materials Loaded Only 58,420# Loaded/ 80,000# Loaded/ 80,000# Loaded/ When order is placed for these line items in this bid, it shall Hauled Hauled Hauled to meet or exceed Texas State Department of Highways and Public Transportation Standard Specifications for Construction of IBgh%ws, Streets and Bridges, 2004 Edition Reference TxDOT 330 Table 3. Anywhere in County Anywhere in County County Yard on SH 21 Item Tonnage Description Per Ton Per Ton Per Ton Per Ton TxDOT 330 Type I, Grade AA, Course Base No Bid Product Name 3 5,000 Product Number TxDOT 330 Type U, Grade CS, Medium Surface No Bid Product Name 4 4,000 Product Number TxDOT DMS-9210 Limestone No Bid Rock As halt Product Name 5 1,000 Product Number Surface Aggregates Loaded 58,420# 80,000# 80,000# Only Loaded/ Loaded/ Loaded/ When order is placed for these line items in this bid, it shall meet Hauled Hauled Hauled to or exceed Texas State Department of Highways and Public Transportation Standard Specifications for Construction of High ways, Streets mud Bridges, 2014 Edition Anywhere Anywhere in County in County County Yard on SH 21 Item Tonnage Description Per Ton Per Ton Per Ton Per Ton Aggregate Tx DOT Item 302, Type D, Grade 3 SAC-B No Bid 6 2,000(Limestone) Product Name Product Number Aggregate TxDOT Item 302, Type D Grade 4 SAC-B No Bid 7 2,000(Limestone) Product Name Product Number Aggregate TxDOT Item 302, Type L, Grade 4 No Bid 8 1,000 Product Name Product Number Vol. VW P9..! L— ` f Bid Request No. 22-082 Page 13 of 17 Various Materials Loaded 58,420# 80,000# Loaded/ When order is placed for these line items in this bid it shall Only Loaded/ Loaded/ Hauled to meet or exceed Texas State Department of Highways and Public Hauled Hauled County Transportation Standard Specifications for Construction of Anywhere Anywhere Yard on Highways, Streets mid Bridges, 2014 Edition. in County in County SH 21 Item Tonnage Description Per Ton Per Ton Per Ton Per Ton 1 1/2" Limestone Backfill Aggregate - See Specifications on $43.00 $34.50 $29.75 9 3,000 Page 9-10 of bid Product Namel 1/2" Con Rock Product NumberASTM 467 Limestone Screenings TxDOT Item 334 $27.50 10 1,000 Reference Table 2 for graduation Product Name LS Screenings Product Number - Oversize Aggregate - 3 x 6 TxDOT Item 459 Gabions $50.00 $30.00 $26.00 11 2,000 Limestone 3 x 6 Product Name Product Number 3x5 Washed Concrete Sand 12 500 TxDOT Item 421 Reference Table 6 $19.50 Product Name C Sand Product Number WC Sand Cement Stabilized Sand — See Specifications on Page 9-10 of bid No Bid No Bid No Bid No Bid 13 10,000 Product Name Product Number Rip Rap Loaded 58,420# 80,000# Loaded/ Wien order is placed for these line items in this bid, it shall meet or exceed Texas State Department of Highways and Public Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 2014 Edition. Only Loaded/ Hauled here in County Loaded/ Hauled Anywhere in County Hauled to County Yard on SH 21 Item Tonnage Description Per Ton Per Ton Per Ton Per Ton 14 2,000 Riprap - TxDOT Item 432, Type R $68.00 $49.00 $43.00 Product Name 12X18 Product Number ' 12xl8 15 2,000 Riprap - TxDOT Item 432, 2.3.4 12" Protection Rip Rap See Specifications on Page 10 of bid $71.00 $56.00 $48.00 Product Name Product Number 12" E pg. `ter Bid Request No. 22-082 Page 14 of 17 16 Specific location of vendors plant for each Item # 1 Frost Crushed Stone (Old Pit) 101 CR 248 Kosse, Texas line item if more than Items # 9 & 10 Texas Materials 1341 CR 105, Caldwell, Texas one plant Items # 11, 14 & 15 Conners Mitchell Quarry 4610 FM 413, Regan, Texas Item # 12 Arcosa Little River Plant,# 1978 CR 253 Maysfield, Tx 17 Delivery time after As requested with Authorization from perosn placing order. receipt of purchase order Due to problems caused by the Covid 19, delays may occur. 18 Contact person & Kris Meachen is the main contact 979-542-8104 phone number at each plant for each item if Frost Crushed Stone: Chris Fleet 254-709-3241 different. Conners Crushed Rock: Hailey Suddth 254-339-0388 Texas Materials Caldwell, Derek Schumpert 979-540-7888 Arcosa Little River Rocky Mortimer 254-709-4061 19 Directions to plant Frost: Take 6 north 10 SH 14 go R follow to Kosse, go Left on SH 7 then L on FM 1771 then L on CR 248 plant on L Texas Materials: Take 21 west thru Caldwell go L on CR 105 plant on L Conners: take 6 N to SH 14 go R towards Kosse go L on Cr 413 follow to plant on R just before FM 1771 Arcosa: Take 6 N to Hearne go Lon FM 448 towards Maysfield go L on Cr 254 then R on 253 to plant. 20 Number of Trucks and size owned by vendor 12 Company ends 18 Company bellies 23 leased bellies 10 leased ends 8 Tandems Broker 23 broker bellies 21 Describe any agreements that Performance records. On site monitoring by Truck rep or safety Rep. vendor has in place to Direct communication ensure ability to Will stockpile Grade 1 base in a 30,000 tons stockpile and have tested perform the specified by CME out of Bryan prior to Delivery, CME results sent to Brazos co. work in the bid Will need approx tonnage needed if more than 30,000 so additional stockpiles can be made prior to delivfii �a. �� Pg. Bid Request No. 22-082 Page 15 of 17 H. V.T.C.A. LOCAL GOVERNMENT CODE §262.0276 This Section must be completed. Failure to complete this section will disqualify the bid. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code §262.0276. 1. 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; 2. "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; 3. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. 4. Prior to award of a contract by the Corim issioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. 5. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non -responsive" and "not responsible", eliminating it from any further consideration of award. 6. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Steve Stratton Title (Owner, Officer, Director, Manager, Etc.) President Latius Prikryl Vice President Brian Riebe Chief Financial Officer Randy Meachen General Manager Vol. �/ pg. %`� Bid Request No. 22-082 Page 16 of 17 I. 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: Statewide Materials Transport, LTD. Authorized Company Representative: Kris Meachen Address: P.O. Box 1080 Manor, Texas 78653 Signat Date: Contract #: Vol. -5-6 Pg. Bid Request No. 22-082 Page 17 of 17 The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. ❑ References (Section E) ❑ V.T.C.A. Local Government Code §262.0276 for Tax Verification (Section H) ❑ House Bill 89 & Debarment Verification (Section I) ❑ All Addendums (if applicable) ❑ Certification of Bid (Section J) I CERTIFICATION OF BID The undersigned affirms that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. 04 M44 ka -/s Typed Name: Kris Title: Company Name: Statewide Materials Transport, LTD Phone: 979-542-8104 Mailing Address: Email Address: P.O. Box 1080 Manor, Texas 78653 kris@statewidematerials.com Vendor Tax Identification Number: 14121368626 Sales R Operations END OF BID REQUEST NO.22-082 By signing below, Brazos County agrees that this Bid, 22-082 will be awarded as dictated on the associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to the terms and conditions containe rein. ��::) By: � Brazos County Commissioner's Court: �l�J4t�1 E Pier E-9-//�� S C.,Uvl.oj , `4 OtA V(.0 Date: L I a oZoZ Attest: Brazos County Clerk: 36 P9. 99 AMENDMENT #1 TO 22-082 — Various Aggregates, Cold Mix and Other Road Materials THIS AMENDMENT TO 22-082 — Various Aggregates, Cold Mix and Other Road Materials ("Amendment") is entered into and effective this 5th day of April, 2022 ("Effective Date") through July 4, 2022. ("Expiration Date") by and between Brazos County ("Customer"), and Statewide Materials Transport, Ltd. ("Provider") 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 # 22-082 ("Agreement") for purposes of Statewide Materials Transport to provide various aggregates, cold mix and other road materials for Brazos County; and WHEREAS, the Parties desire to amend the pricing as set forth in original contract # 22-082. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. The world markets for fuel have experienced great volatility due to various circumstances making long term price commitments for delivered products difficult to maintain, therefore requiring some flexibility for fuel costs. To provide some cost control for annual contracts, a. Add the fuel surcharge below to the cost of freight based on the weekly cost of fuel as determined by the US Energy Information Administration Gasoline & Fuel Update, Gulf Coast Region. The fuel surcharge percentage will be multiplied by the freight established below for each product: i. 1,C, Flex Base- Item 247, Type A, Grade 1, Delivered Anywhere in County $17.45 ii. 1,D, Flex Base- Item 247, Type A, Grade 1, Delivered to County Yard on Hwy 21 $12.20 iii. 11, C, Oversized Aggregate, 3x6 TxDOT 459, Del. Anywhere in County $16.20 iv. 11, D, Oversized Aggregate, 3x6 TxDOT 459, Del. To County Yard on Hwy. 21 $12.20 v. 14, D, Riprap, TxDOT Item 432, Type R, Delivered to County Yard on Hwy. 21 $16.50 FUEL SURCHARGE Vd' � pg. l6,0 Price of Fuel FSC $3.76-$4.00 03% $4.01-$4.25 05% $4.26-$4.50 07% $4.51-$4.75 09% $4.76-$5.00 11 % $5.01-$5.25 130/0 $5.26-$5.50 15% $5.51-$5.75 17% $5.76-$6.00 15% $6.01-$6.25 21% $6.26-$6.50 23% $6.51-$6.75 25% $6.76-$7.00 27% Every $.24 increase Add 02% IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parses hereto. Signature k,? o.r,, a- 'V� � Na0 •a Q Title 4 Date STATEWIDE MATERIALS TRANSPORT, LTD. Sire ivxpss Title A � Date Vol. �&P Pl0 g, sill g 2 Y m HIP All I � g o `3 o m s � g m � z g ° Jig =�'$o g gs g- z Z i� s 9p s e it ma x _ Q HM o a � e 0 g a Ra 0° g ° Iah; 3p. 8 $ o II-,5 °11.9 ` Y' c Jig' $��0� 5`g al1 s s B g ° lyylQQ yppyMppygy s @ q s p Q� a a a a g E$ g N 8 6 9 Y com � a m g m ms �gea g . g m9 s 8 g N � s g 111e C ~ N D �� N C @@@@@@ a u g a 8 8 a a 3 3o ME o u. o is S s Hillg ki U G 6 9l cc 'a'• a g a �� g �� g �o d & � aty�pe °age oil , a 1 5 ► � �.8 a b `3n5 o � y a 7 � g mull I�I III II a0i file I h i §� I fi��' z S "HIM, pSP S g�1g� Ici€5 ;Ill $ R$ $ �� a "des y m m R$�e F 0 0 61 � 0 0 � O S�3 of M 0109 dCC o M � m ;a m aa$o j$'a S 's $ R $ E 0 nxm $" $ s x m gag9egrg B � e € l R 3�m oi$e8 qq ~ N� 19 9 pP S9 4 •`ti s.. ,.mj R.K, p Vg`stT $:i�'ri _gymx��8 oil a s g § qg gg yQ�3 ggy8y 2 n lBigP� (fr� v�g �g� p n °� 5 pqq$ 5 $y U �5g Qy A y3m� .Egu p 5 pg qg gF N � id e ► R � � �� � � g jig`f.� e F o 4 �8 �F rM $ E S Q yaE f� �l� oil H-- � 1.7 aH F, 1vs E U k Vot. pg. d Q L.J REQUEST FOR BID BID -NO.22-130 Temporary Employment Services SEALED BIDS TO BE SUBMITTED BEFORE:' Tuesday, June 14, 2022 2:00pm CST TO THE: BRAZOSCOUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 3614290 Fax: (979) 3614293 Respondents," their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduledoral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. A_ ny such contact will be grounds for rejection of the Respondent's bid. In compliance with this solicitation, the undersigned Respondents) having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following bid 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: v By (Print): �\y� � �o -N�txz - Title: t* Y s,„t w e. OA •'�1 Physical Address: \ %U*S Mailing Address: k ln-Z,> - Q>q w aA n g Z& 17 Z. t3 �Z`.1 tAAr!, � ► 'l"1 �7� Telephone:a'Jc� 'l"1 LQ • U 4ax: 't'! ce • u:22. E-Mail: -ZWL ui�-- �Xp�S i�5. cenn Vol. �� fig• 1�-- Page 2 of 16 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 p.m., Tuesday, June .14, 2022 at which time bids will be publicly opened and.read aloud. A. SCOPE OF BID 1. Bids are solicited for furnishing the merchandise, supplies, service; and/or equipment set -forth in this bid request for a two (2) year period beginning September 1, 2022 through - August 31, 2024 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING 1. The following instructions apply to all bids and become a part of terms and conditions. of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All Respondent(s) are required to be informed of these terms and conditions and will be held responsible for having done so: 2. Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY — Same as County. b. COIIlVIISSIONERS COURT — The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all County business as conferred by the State Constitution and Laws. c. CONTRACT — An agreement between the County and a Contractor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR — The successful Respondent(s) of this bid request. e. COUNTY — The government of Brazos County, Texas and its authorized representative. £ SUB -CONTRACTOR Any contractor hired by the Contractor or supplier to furnish materials and services specified in the bid request. g. RESPONDENT — Any supplier or vendor responding to the bid request. 3. Upon acceptance and approval by the Commissioners Court,_ this bid effects a working contract between Brazos County and the Contractor for the period designated. 4. Bids must be received by the -Purchasing Office prior to the time and -date specified. The mere fact that the bid was dispatched will not be considered; the Respondents) must have the bid actually delivered to and received by the Purchasing Department. 5. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. Vol. Pg. /� Page 3 of 16 6.. Brazos County shall not be responsible for any verbal communication between any employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered. Respondent(s) with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace at hos://brazosbid.ionwave.net. 7. Brazos County reserves the right to reject any bid that does not fully respond 'to each specified item. 8. Respondent(s) must include Tax Identification Number for the bid to be valid.. 9. Should there be a .change in ownership or management; the Contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the Contract with its present provisions and prices. This Contract is nontransferable and may not be reassigned by either party. 10. The County may cancel. this Contract at any time for any reason, .provided a thirty -day written notice is given. 11. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit Price b. Extended price c. Special needs and requirements- of Brazos County d.- Results of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products bid h. Respondent's past performance record with Brazos County 12. Although the cost of products to be provided is an essential part of the bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Respondent considered to be the best value to Brazos County. 13. Acceptance of merchandise, work, and/or equipment provided shall be made' by the County at the sole discretion of the Commissioners Court when all terms and conditions of the Contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 14. Title and risk of loss of the goods shall not pass to Brazos County.until the. County actually accepts and takes possession of the goods at the point or points of delivery. VOL 136L_ P9. Page 4 of 16 15. This Contract shall -be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this Contract, when applicable. 16. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the Respondent(s) to secure better price or delivery is welcomed - and may be given consideration provided that the bidder also bids on the quantity specified. 17. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding a contract. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled, and the Contractor barred from bidding in future solicitations. 18. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. - 19. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Respondent Name and Bid Number to ensure proper recognition upon its arrival Bids will not be considered if submitted by telephone, -fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than ' specifically instructed. Bids not received prior to the expressed date and time listed in this bid will be reiected or returned unopened to the Respondent(s). Bids submitted to any other person or department other than the Brazos CountvPurchasina Department will not be accepted. 20. It is the Respondent's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full -firm name, mailing address, telephone number, email address, Vendor Tax Identification.number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 8i Debarment Verification form, Questionnaires. (when applicable), Addenda (including revised forms), and any other. specified forms or documents may be grounds for- rejection of entire -bid. By submitting a response to this solicitation, the Respondent(s) agrees to comply with BB 1295, Government -Code 2252.908, if awarded a contract. Respondent(s) agrees to.provide Page 5 of 16 Brazos County the "Certificate of Interested Parties", Form 1295 as required, for renewals, amendments or extensions to the Contract. Visit https://ethics.state.tx.us/whatsnew/elf info form1295.htm for more information. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing - authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda or their proposal may be considered non -responsive. 22. It is our policy not to furnish bid results over the phone. Bid.results and tabulation sheets will be posted on the Brazos Valley e-Marketplace (https://brazosbidJonwave.net) after bid award by Commissioner's Court. 23. The bid specifies the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the contract. If the job cannot be completed within the terms of the contract as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and'fixed sums, hereinafter agree to as liquidated damages, for each additional calendar day :of delay past the thirty (30) days, stated in the contract: Two'Hundred Fifty Dollars ($250.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. 24. Brazos County reserves the right to extend this Contract annually for a maximum of three (3) additional one (1) year. periods with no changes in the terms or conditions of this Contract, if agreed upon by both parties. 25. The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreements) with Brazos County. 26. Three (3) references are to be provided by Respondent. Failure to submit references may result in disqualification of bid. Brazos County department references will not be accepted. 27. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect.conduct of the work or services being performed. !Vol. 1�� 4 pg. Page 6 of 16 28. Any subcontracting must be approved prior to commencement of the Contract by Brazos County. 29. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 30. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the_ same percentages or quantity of the items listed in the bid. If notation of substitution in not made, it is assumed the Respondent(s) is bidding the item specified. 31. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 32. In the event the Contractor is unable to furnish any: item within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this Contract to be canceled. 33. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the Contractor in completion of the Contract. This term supersedes any contradicting terms throughout the Contract and/or any attachments: 34. The Contractor should submit itemized invoices with clearly marked remittance copies to the following address: Brazos County ATTN: Auditors P.O. Box 914 Bryan, TX 77806 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed Vol. 3 `I Pg. f1 D Page 7 of 16 address. Checks will be made payable to the Contractor only, and shall not include sub- contractors, assignees, or any other party. 35. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited -to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request from County. 36. Upon award of Contract for any commodity or materials purchased by Brazos County, the Contractor agrees to protect the County from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from the Contractor must be. new, unused, and in first class condition. - Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 38. This bid shall be governed by the laws of the State of Texas and Potential Respondent(s) and the subsequent Contractor(s) are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County -Official to the County Official's family members or, employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 39. Venue for any dispute, shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 40. 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. 41. Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. V CA 42. The Contractor's work and materials municipal ordinances, regulations, an authorities having jurisdiction. Page 8 of 16 d shall comply with all state and federal laws, directions of inspectors appointed by proper 43. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA, and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions *shall prevail. 44. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. C. SPECIAL PROVISIONS The Contractor assumes full responsibility for the temporary employee, and hereby releases, relinquishes, and discharges to the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for all injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property, (whether property of either of the parties hereto, their employees, or third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the temporary employee's work to be performed hereunder. This release shall apply regardless of whether said claims; demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or origination directly or indirectly employed by any of them to perform or furnish work. D. -INSURANCE REQUIREMENTS The Contractor shall instruct his insurance agent or carrier. to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and. then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Contractor shall furnish and keep in full force the following insurance during the term of this Contract: 3. Statutory Workmen's .Compensation and $1,000,000 Employer's Liability Insurance with waiver of subrogation. vol. J� Pg. 1 f Page 9 of 16 4. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, $500,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. .a. Commercial- Automotive Liability with $500,000 CSL for Bodily Injury and Property Damage Liability with Brazos County named as additional insured. b. Cargo Insurance to sufficiently cover materials transported. 5. -All the aforementioned policies and Certificates of Insurance should' be issued immediately after the Contractor receives notification of award. 6. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Contractor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or, liabilities as a result of the Contractor's .employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims,. demands and causes of action of every kind and character brought by any employees of the Contractor against Brazos County due to personal injuries and/or death to' such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. IVOCY,: Pg 1 Page 10 of 16 E. REFERENCES Respondent(s) shall provide a list of at least three (3) 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. A negative reference may be grounds for disqualification of bid. Respondent(s) are not allowed to use Brazos County as a reference. Company/Entity: Contact: Email: Company/Entity: Contact: Phone: Email: Company/Entity: Contact:c��a� Phone:'+r Vol. pg. Page 11 of 16 F. SPECIFICATIONS The purpose and intention of this bid is for Brazos County to receive written bids for the percentage markup, to be added to the County's hourly rate for Temporary Personnel Service with the minimum requirements as follows: 1. The Contractor will comply with all State, Federal, and local laws including the Americans with Disabilities Act, Title V11 of the Civil Rights Act of 1964, Age Discrimination in Employment Act, and Civil Rights act of 1991 as to treatment- and compensation of its employees: Brazos'County shall make no payments to individual workers. 2. Brazos County has the sole discretion to control -the details and duties of the temporary employee's work while assigned to Brazos County'and this control, does not expressly create a joint einployer-employee relationship with the temporary employee nor the temporary agency and Brazos County. 3. Brazos County estimates a total of 4,000 hours for temporary services are needed for the two year period of this agreement. It is specifically understood and agreed that these hours are approximate, and any increase hours will be paid for with the quoted multiplier. Brazos County does not guarantee any number of hours or pay any minimum number of hours per employee. It is further understood that the Contractor shall not have any claim against Brazos County for hours less than estimated amount. 4. The specified list of temporary employment positions listed a sample of the different types of personnel that may be needed by the Brazos County. 5: Award criteria shall be based on, but not limited to;. the multiplier for both professional and non-professional types listed, response time, the ability and quality of testing and training, number of workers available, and references. A primary and secondary Contractor will be designated. -In the event that the primary Contractor cannot respond to a request for a temporary employee, Brazos County will move to the secondary Contractor forback-up coverage. - 6. Multipliers quoted shall be firm for two (2) years and awarded contractors shall be bound for the duration of the contract. 7. Listed in the Quotations section, is the description of the type of positions needed for temporary employees. The Contractor is to provide the multiplier used for both professional and non-professional employment. The multiplier is considered the percentage or number that will be multiplied by the hourly rate given to get a total cost for the temporary employee. 8. All approved applicants will be initially hired and employed by the Contractor and all related payroll and administrative will be the responsibility of the Contractor. The multiplier given by the _Contractor in the submitted bid will cover all temporary Vol. �� Pg. Page 12 of 16 employees' payroll administration cost including SUTA, FUTA, FICA, and workers compensation insurance. 9. Please submit the following: a. Description of Contractor and services provided b. Describe the applicant's qualification testing c. Employee training conducted by the Contractor d. Sampled insurance e. List positions available and number of candidates for each position 10. The Contractor must obtain a drug and/or alcohol test with negative results for the temporary employee before work can begin. 11. The Contractor will be obligated to fill a position within the allotted -time or Brazos County reserves the right to go to the next lowest bidder to fill that position. G. QUOTATIONS Quantities that are listed below are estimates of our anticipated needs and will be used for tabulation purposes only. The specified estimates are not guaranteed minimums. Fill in the hourly percentage rates that are firm for the contracted period. For example, if we are paying a janitorial employee $10.00 per hour, and the percentage wage the Contractor puts on top of the hourly wage is 2%, then the worker will cost the county $12.00 per hour. a. Non -Professional Temporary Employment: i. Multiplier- for temporary employees for janitorial level positions to constructions type positions. ii. Examples: Janitorial, Receptionist, Clerk, Secretary, Administrative Assistant, Building, Grounds Worker, CDL Drivers iii. Estimated Hours: 3,000 iv. Percentage on Top of Hourly Wage: Z) b b. Professional Temporary Employment: i. -Multiplier for temporary employees for administration level positions to executive positions and skills. I Examples: Accounting Clerk, Executive Assistant, Health Care Professionals iii. Estimated Hours: 1,000 iv. Percentage on Top of Hourly Wage:�1 ' c. Number of hours worked before Brazos County can hire the temporary employee directly as a county employee: -5 2 C-s d. The response time to fill a position: i�tFl� Page 13 of 16 H. V.T.C.A. LOCAL GOVERNMENT CODE §262.0276 THIS SECTION MUST BE COMPLETED. FAILURE TO COMPLETE THIS SECTION WILL DISQUALIFY THE BID. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code §262.0276. 1. - 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; 2. "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; 3. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. 4. 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. 5. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non -responsive" and "not responsible", eliminating it from any further consideration of award. 6. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title (Owner, Officer, Director, Manager, Etc.) oA, k IV i C) c-0 tq.a 14t t t--,x Vol. j- l t% pg. / t i Page 14 of 16 I. 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 Commis, 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.s'am.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. Theundersigned affirms the non -debarment statement above, that they are duly authorized to execute this Contract. The company representative below further affirms, that the company submitting this bid, under the provisions of. Subtitle-F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. WilI 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 hart 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 "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: Authorized Comp Address: 021-�J�U A AN Contract #: Vol. Pg. 5 Addendums; ; • Should a request be made for payrolling an individual thru the contractor, the percentage on top of the hourly wage will be reduced to 30% with 30 days Worked requirement before tra'nsitioning from the contractor. Vol. Pg. j ( q ACCM01' CERTIFICATE OF LIABILITY INSURANCE 10n2021 DA9/28 2020Y1� 9/28/2020 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 poll y(les) 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 Locidon Comppanies 444.W. 47th Street Suite'900 Kansas City MO 64112-1906 - (816) 960:9000 f ACT C EL E E'n a No ' E�i° ADD ESS: INSURERIS) AFiDRQING COVERAGE NAIC INSURER A. Neiir'Hampsltire InSumnce Company 23 841 INSURED EXPRESS SERVICES, INC. INSURER B: Zurich American Insurance Company 16535 1352730 DBA: EXPRESS EMPLOYMENT PROFESSIONALS. 9701 BOARDWALK BOULEVARD INSURER c : American Guarantee and r1ab• Ins. Co. 26247 OKLAHOMA CITY, OK 73162 INSURER D : INSURER SU E "F • rn�r�eAn_ce` TvYDQVAI /+eOT1C1t-A1ry Ru111RQCO. 17A10f,44 RF1/tC1AN IUIIMRFR• 'xxxxxxx THIS 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREON IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE ADDL D SUER POLICY NUMBER POLICY EPF M POLICY EXP D LIMITS B X COMMERCIAL GENERAL LIABILITY CLA6S-MADE OCCUR STAFFING SERVICE N N PRA5854213-08" 10/1/2020 16/1/2021 EACH OCCURRENCE s 5 000,000 DAMAGE TO RENTED REMISES R occurrence 1,000.000 X MED EXP (Anyone n 10,000 PERSONAL & ADV INJURY $ S 000A0 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICYFIJECT LOC OTHER: GENERAL AGGREGATE $ 5,000,000. PRODUCTS-COMPIOPAGG $ S 000.000 $ B AUTOMOBILE LIABILITY ANYAUTO g At OS ONLY AUTOS U D HIRED NU OWNED AUTOS ONLY X AUTOS ONLY N N PRA5854213-08 10/12020 -10/12021• , Et Ewa ° SINGLE LIMIT S 1,000,000 BODILY INJURY.(Perpersm) s XX)Qx{3XX BODILY INJURY (Per accident $ )()CX:)= PROPERTY DAMAGE Per agxJdent $ xxx=X q $ )CKXX= C X UMBRELLALIAB EXCESS LIAS X' - OCCUR CLAIMS -MADE N ;N UMB5498877=08 ' 10/12020 ' '10/12021 EACH OCCURRENCE s 20.000.000 ]� AGGREGATE $ 20,000,000 DED RETENTION S $ Xkxxxxx A WORKERS COMPENSATION - .. AND EMPLOYERS• LIABILITY Y!N ANY PROPRIETOPWARTt+ERa(ECUINE_ • ' OFFICEt 'MZBEREXCLUMM? • F (taaeenssdatorytnreij yy DESCRIPn0N0FF0PERAM0 SbeI6w N!A - N :SEE ATTACHED POLICY vs 10/1/2020 10/I2021 PER OTH X MUTE ER EJ-EACHACCIDENi - s 1,000,000 E.L. DISEASE- EAEMPLOYEE 1,000,000 SLDISEASE-P06CYLINT 19 1,000,000 B ! FIDELO STAFFINCOVERAGE N N PRA5854213-08 , 10/12020 10/12021 CCRIME/FIDELITY: w550000 000 AGG DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES (ACORD 10% Additlonal Remarks Schedule, may be attached H more space is required) ALL INSURANCE CARRIERS SHOWN ON TIES CERTIFICATE HAVE AN A.M. BEST RATING OF A XV OR BETTER UNLESS OTHERWISE NOTED. Evidence ofinsurability. Lei =1:t112W1tll=11:Lei kill =1V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 17019688 AUTHORED REPRESENTATIVE Evidenceof lnsurablTi Vol. p9• tD 25 (2016I03) 01 -2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M581918 Master ID:1352730, Certificate ID: 17019688 Express Services, Inc. Workers Compensation Policy Schedule: Policy periods:1011120-21 New Hampshire Insurance Company Policy No. WC 045886796 NAIC# 23841 f States Covered: MA; ND, WI, WY AIU Insurance Company Policy No. WC 045886797 NAIC# 19399 - States Covered: AK, AL, AR; AZ, CO, CT, DC, DE, GA, HI, !A, ID, IL, IN, KS, KY, LA, MD, ME, Ml, MN, MO, MS, MT, NC, NE, NH, NJ, NM, NV, NY, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, WV AIU Insurance Company ,Policy No. WC 045886798 NAIC# 19399 - States Covered: CA AIU Insurance Company Policy No. WC 045886799 NAIC# 19.399 States Covered: FL Pg. Vol.. -- -� Page 15 of 16 The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. References (Section.E) Lei V.T.C.A. Local Government Code §262.0276 for Tax Verification (Section H) House Bill 89 & Debarment Verification (Section I) 2" All Addendums (if applicable) C/ Certification _of Bid (Section J) Vol. P9• Page 16 of 16 J. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this Contract, that this bid has not been prepared in collusion with any other vendor and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed Typed Name: Company Name: Title: Phone: cnc-\ , -n . L— ,-k, j`5y Mailing Address: �4 Email Address: Vendor Tax Identification Number: !� L l — 02� U15 (�) END OF BID REQUEST NO.22-130 TEMPORARY EMPLOYMENT SERVICES By signing below, Brazos County agrees that this bid, 22-130 will be awarded as dictated on the associated bid tabulation sheet, to the Respondent whose name appears above and both parties agree to terms and conditions contained herein. PET Brazos County Commissioner's Court: Date: Attest: Brazos County Clerk: Ki!+P-ep M a QLtteN E E �Z p9. , %4v S} Val. 3%� p9. %d2 STATE OF TEXAS COUNTY OF WALKER GULF COAST TRADES CENTER CONTRACT FOR RESIDENTIAL SERVICES Contract Tenn: September 1, 2021 — August 31, 2022 The Brazos County Juvenile Services (collectively referred to as "Juvenile Services" and Gulf Coast Trades Center, Inc., 143 Forest Service Road #233, New Waverly, Texas 77358, hereinafter called the Service Agency, by this agreement and in consideration of the mutual promises set forth below, have agreed as follows: SERVICES Service Agency will provide the following services: A. Room B. Board C. Clothing, Personal Hygiene Items, Hair Cuts D. Supervision by Qualified Adults E. Casework Services F. Counseling Services G. Individualized Program Plan H. School I. Vocational Training iI. FEES A. Levels of care and services to be provided at each level are those defined in the Texas Health and Human Services Commission rate schedule for Purchase of Services. These fees do not exceed the maximum rates allowed in the latest Texas Juvenile Justice Department/Health and Human Services Maximum Rate Schedule. For and in consideration of the above mentioned services, the Juvenile Services agrees to pay the Service Agency: Specialized Level Facility $197.69 per day In the event the per diem rate schedule changes, the amended rates shall be honored without amendment to the agreement. B. Recognizing that part of a client's rehabilitation program may include time away from the residential setting of the Service Agency prior -to the client`s re-entry in the community, and that the Service Agency must retain space for this client until his return, Juvenile Services will pay the Service Agency the above agreed upon amount for such regularly scheduled days away from the Service Agency or its program providing they do not exceed ten (10) days at any one time. C. If a client makes an unauthorized departure from the Service Agency, Juvenile Services shall be notified Immediately. If the client returns to the Service Agency within ten (10) days, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten (10) days payment. D. The Service Agency is under no obligation to retain space for the client in unauthorized departure situations; however, every effort should be made to reconcile the incident to both parties' satisfaction. Vol. Pg `�s— E. Payment is to be made monthly, or at the termination of the residential period of the client, if sooner. Claim for payment will be submitted by Service Agency no later than ten (10) days from the last day of the month for which payment is being requested. Ill. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT A Each client placed with the Service Agency shall have a written Service Plan developed in concert with the youth and mutually agreed upon by the appropriate Service Agency staff and the assigned personnel. A copy of the Service Plan shall be sent to the assigned personnel no later than 45 Days after placement. B. The Service Plan shall contain the reasons why the placement will benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how, if at all, the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved in the Individual Program Plan to assist in preventing or controlling the juvenile's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Juvenile Justice Code. C. The Service Agency shall remain in contact via phone and electronic with assigned personnel staff regarding client's progress and provide a written report of progress upon request, but no less than one time per month. D. If a client in placement at the Service Agency makes an unauthorized departure, becomes seriously ill, or is involved in a disruptive incident, the Service Agency shall notify the client's probation officer or other probation staff within a twenty -four-hour period following the incident and ensure that parents, proper authorities, the Texas Department of Family & Protective Services, or the police are notified if appropriate. A written incident report and/or police reportwill be sent to the assigned probation officer no later than five (5) working days after the occurrence. E. Juvenile Services reserves the right to terminate the client's placement'at the Service Agency at its discretion. The Service Agency will not release the client to any person other than Juvenile Services without the'express consent of appropriate personnel. F. The Service Agency will obtain prior approval from appropriate personnel before the client's participation - in any furloughs, home visits, or extended agency trips. G. Unless otherwise stipulated by Juvenile Services, the client may visit freely with parents and relatives at the Service Agency in accordance with'established Service Agency policies, procedures, privileges and -level system. IV. EXAMINATION OF PROGRAM AND RECORDS A The Service Agency agrees that it will permit Juvenile Services to examine and evaluate its program of services provided under the terms of this Contract and to review Juvenile Services juvenile records: This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation; interviews and the administration of questionnaires to the staff of the Service Agency and the client when deemed necessary. . B. The Service Agency, agrees to maintain and make available foe inspection, audit or reproduction by an authorized representative of Juvenile Services and the State of Texas, books, documents, and other evidence pertaining to the cost and expenses of this Contract, hereinafter called the Records. Gulf Coast Trades Center utilizes Generally Accepted Accounting Principles in all its financial transactions. C. The Service Agency agrees to maintain these records for seven (7) years after the final payment or until the state -approved audit has been made and all questions therefrom are resolved. D.. Service Agency understands that acceptance of funds under this contract ads as acceptance of the - authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State AudWs Office or its successor in the conduct of the auditor or investigation, including providing all records V0, pg. Service Agency will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor=and the requirement to cooperate is included in any subcontract it awards. E. The Service Agency shall use Generally Accepted Accounting Principles (GAAP). Service Agency shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. V. GOALS, OUTPUTS, AND MEASURABLE OUTCOMES A. The Service Agency agrees to pursue the goals and values of the Juvenile Services through providing services to clients which enable client growth and development to the client's fullest potential. This development will be through provision of a safe, drug -free environment in which counseling services are utilized as tools for educational, emotional, and behavioral catharsis. B. The Service Agency shall provide the Juvenile Services, within ten working days, information which outlines the services provided to clients. These output measures may include, but are not iliniteed to: 1. Average length of stay of clients. 2. Specific types of milieu implemented by the Service Agency. 3. Average number of counseling hours provided each client daily, weekly, or monthly. 4. Number and types of reporting measures. C. The Service Agency agrees to furnish Juvenile Services, within ten working days, annual indicators which express the effectiveness of the Service Agency in providing public benefit. These measurable outcomes may include: The percentage of clients successfully completing the program. 2. The percentage of clients who are re -unified with family or guardians. The percentage of youth who were placed on jobs. Vi. DEFAULT A. Juvenile Services may by written notice of default to the Service Agency, terminate the whole or any part of this Contract in any one of the fopowing-circumstances. 1. If the Service Agency fails to perform the work called for by this Contract within the time specified herein or any extension thereof; or 2. if the Service Agency fails to perform any of the other provisions of this Contract, or so faits to prosecute the work -as to endanger performance of this Contract in accordance with its terms and in either of these two circumstances does not cure such failure within a period of ten (10) days for such extension as authorized by County Juvenile Services Department, in writing after receiving notice of default. VII. LICENSING, REPRESENATION AND WARRANTIES A. The Service Agency shall be licensed by the Texas Department of Protective and Regulatory Services for those programs which are under the. licensing authority of the Texas Department of Protective and Regulatory Services. Vol. l pg. 7 B., The Service Agency shall meet all other required licenses pertaining to health, fine and safety standards and shall provide copies of the most recent report to the county probation department upon request. C. Service Agency is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of service being contracted for; that it is In compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of «Name GCTC rates Mod 10818_Spec 1623f>, or any political subdivision thereof. %All. FEE ASSESSMENT A. Clients nor their families will be assessed fees for services by the Service Agency. This does not preclude reasonable attempts to seek voluntary contributions from families of County juveniles for donations of clothing, personal articles, and funds to assist in support of a client's rehabilitation. B. Under Section 231.006, Family Code, the Service Agency certifies that the individual or business entity named in this, contract is not ineligible to receive the specific grant or payment and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. C: The Service Agency will adhere to all applicable state and federal laws and regulations pertinent to the contractor's provision of services. D. The Service Agency shall account separately for the receipt and expenditure of any and all funds, including those from the Texas Juvenile Justice Department received under this contract. E. Under Provision 4.11.2A from the Texas Juvenile Justice Department, payment for services rendered may be paid partly or wholly with Texas Juvenile Justice Department State Funds. IX. TERMINATION A. This contract may be terminated without fault or cause by either party by giving at least ten (10) days_ written notice of the intention to terminate by certified mail, facsimile transmission, or personal delivery to the other party. X. INDEMNITY AND HOLD HARMLESS - -A.- - Gulf Coast Trades Center shall iindemnify and'hold Juvenile Services harmless from and against any and all loss, claim damage liability fee or expense (including reasonable aitomey.fees) arising or alleged to arise from any act or omission of Contractor or any of its agents, servants, employees, and subcontractors. The foregoing indemnify shall survive the termination of this contract. XI. MEDICAL A. Juvenile Services agrees that it shall be liable and responsible for the client's emergency medical and dental costs incurred during the client's stay at the Service Agency. Juvenile Services will not be liable for the client's non -emergency medical and dental costs of the Service Agency unless Service Agency seeks and obtains approval from Referral Agency prior to incurring such costs. The Service Agency agrees to notify the Juvenile Service of any unusual medical costs to be Incurred. The Service Agency will accept Medicaid eligible clients. The Service Agency will apply for Texas Juvenile Services Commission Medicaid for each child entering the program when applicable. Juvenile Services may be responsible for all medical cost incurred for Non -Medicaid eligible clients. Xtl. EQUAL OPPORTUNITY A. Services shall be provided by the Service Agency in full compliance with all civil rights laws and regulations, -and that.there shall be.no discrimination of race color, creed, sex, national origin, religious preference, in performance of any and all duties outlined by this Agreement. All programs and services provided by the Service Agency under this Agreement shall be provided in accordance with Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C.2000 (d)), Section 504 of the Rehabilitation Act of 1973 Vol. 3 Pg. _ (29 U.S.C. 3 et seq.), Age Discrimination Act (42 U.S.C. 6101 et seq.) and all federal rules and - regulations, state laws and executive orders as applicable. Xlll. TERM A The initial term of this contract will begin on September 1.2021 and terminate on August 31, 2022. It shall be automatically renewed for one year terms thereafter, commencing September 1� and ending August 311, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. XIV. PRISON RAPE ELIMINATION ACT (PREA) A Service Agency shall comply with all federal, state, county, 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 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile offenders. B. Under PREA, Service Agency shall make available to the Chief Juvenile Services Officer all incident -based. aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA §116.387 € and (0]. XV. INSURANCE REQUIREMENTS A The Service Agency shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certifficates of Insurance and must be issued and then approved by Brazos County Risk Management The Certificate of Insurance must be approved by Risk Management before any services can be rendered. B. The Service Agency shag fumish and keep in full force the following insurance during the term of this Contract: C. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, with Brazos County named as an additional insured with waiver of subrogation in favor of Brazos County. D. Professional Liability (Errors and Omissions) Insurance appropriate to the services being provided, with Omit no less than $1,000,000 per occurrence or claim, $2,000;000 aggregate. If the Service Agency maintains broader coverage and/or higher limits than the minimums shown above, Brazos County requires and shall be entitled to the broader coverage and/or the higher Omits maintained by the Provider. Any avagable insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Brazos County. E. Abuse and molestation insurance as an endorsement to the professional liability policy with coverage for damages arising out of actual or threatened physical abuse, mental injury, sexual molestation, negligent: hiring, employment, supervision, investigation, reporting to proper authorities, and retention of any person for whom the Service Agency is responsible including but not limited to Service Agency and Service Agency's employees and volunteers. Policy endorsement's definition of an insured shall include the Service Agency, and the Service Agency's employees and volunteers. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Any annual aggregate Omit shall not be less than $1,000,000. These limits shag be exclusive to this required coverage. Incidents related to or arising out of physical abuse, mental injury, or sexual molestation, whether committed by one or more individuals, and irrespective of the number of incidents or injuries or the time period or area over which the incidents or injuries occur, shall be treated as a separate occurrence for each victim. Coverage shall include the cost of defense and the cost of defense shall be provided outside the coverage limit. F. Commercial Automotive LiabiOty whh-$1,000,000 CSL for Bodily Injury and Property Damage Liability with Brazos County named as an additional insured with waiver of subrogation in favor of Brazos County. G. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Service Agency receives notification of contract approval. Vol. __ Pg. f=� H. The Service Agency agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Service Agency's employees and the operation of his equipment. The Service Agency also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Service Agency's employees' activities. Further, the Service Agency agrees •to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kihd and character brought by any employees of the Service Agency against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Service Agency or Brazos County. XV. DUTY TO REPORT A. Service Agency agrees that all of its employees, volunteers and other individuals providing services to children will report and investigate any incident or allegation of abuse, neglect, exploitation, death other serious incident involving a child in its Facilities in accordance with Chapter 261, Texas Family Code and Title 37, Texas Administrative Code, Chapter 358, or successor provisions, and PREA. Additionally, all incidents and allegations, including sexual abuse, serious physical abuse and death will be faxed or emailed to Juvenile Services within 24 hours of the initial report. XVI. BOYCOTT A. Service Agency verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. The term "boycott Israel" is defined by Texas Government Code Section 808.001, effective September 1, 2017 XVII. VENUE A. Exclusive venue for any litigation arising from this agreement shall be in Brazos County, Texas. Gulf Coast Trades Center, Inc, Johnny Munoz Program Director County Juvenile Services n Authorized Official Signature Authorized Official Signature 6/29/2022 Date 1 Date Date Vol. Pa. ��o STATE OF TEXAS COUNTY OF WALKER GULF COAST TRADES CENTER CONTRACT FOR RESIDENTIAL SERVICES Contract Term: September 1, 2022 — August 31, 2023 The Brazos County Juvenile Services (collectively referred to as "Juvenile Services" and Gulf Coast Trades Center, Inc., 143 Forest Service Road #233, New Waverly, Texas 77358, hereinafter called the Service Agency, by this agreement and In consideration of the mutual promises set forth below, have agreed as follows: SERVICES Service Agency will provide the following services: A. Room B. Board C. Clothing, Personal Hygiene Items, Hair Cuts D. Supervision by Qualified Adults E. Casework Services F. Counseling Services G. Individualized Program Plan H. School I. Vocational Training FEES A. For and in consideration of the above -mentioned services, the Juvenile Services agrees to pay the Service Agency: Facility $235.00 per day In. the event the per diem rate schedule changes, the amended rates: shall be honored without amendment to the agreement. B. Recognizing that part of a client's rehabilitation program may include time away from the residential setting of the Service Agency prior to the client's re-entry in the community, and that the Service Agency must retain space for this client until his-retum, Juvenile Services will pay the Service Agency the above agreed upon amount for such regularly scheduled days away from the Service Agency or its program providing they do not exceed ten (10) days at any one time. C. If a client makes an unauthorized departure from the Service Agency, Juvenile Services shall be noted immediately. if the client returns to the Service Agency within ten (10) days, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten (10) days payment. D. The Service Agency is under no obligation to retain space for the client in unauthorized departure situations, however, every effort should be made to reconcile the Incident to both parties' satisfaction. E. Payment is to be made monthly, or at the termination of the residential period of the client, if sooner. Claim for payment will be submitted by Service Agency no later than ten (10) days from the last day of the month for which payment is being requested. Ill. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT va. P9. /� 1 A. Each client placed with the Service Agency shall have a written Service Plan developed in concert with the youth and mutually agreed upon by the appropriate Service Agency staff and the assigned personnel. A copy of the Service Plan shall be sent to the assigned personnel no later than 45 Days after placement. B. The Service Plan shall contain the reasons why the placement will benefit the client, shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectivves are to be achieved in the Service Agency placement; and shall state how, if at all, the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved in the Individual Program Plan to assist in preventing or controlling the juvenile's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Juvenile Justice Code. C. The Service Agency shall remain in contact via phone and electronic with assigned personnel staff regarding client's progress and provide a written report of -progress upon request, but no less than one time per month. D. if a client in placement at the Service Agency makes an unauthorized departure, becomes seriously ill, or is involved in a disruptive incident, the Service Agency shag notify the client's probation officer or other probation staff within a twenty -four-hour period following the incident and ensure that parents, proper authorities, the Texas Department of Family & Protective Services, or the police are notified if appropriate. A written incident report and/or police report will be sent to the assigned probation officer no later than five (5) working days after the occurrence. E. Juvenile Services reserves the right to terminate the client's placement at the Service Agency at its discretion. The Service Agency will not release the client to any person other than Juvenile Services without the express consent of appropriate personnel. F. The Service Agency will obtain prior approval from appropriate personnel before the client's participation in any furloughs, home visits, or extended agency trips. G. Unless otherwise stipulated by Juvenile Services, the cgent may visit freely.with parents and relatives at the Service Agency in accordance with established Service Agency policies, procedures, privileges and level system. N. EXAMINATION OF PROGRAM AND RECORDS A. The Service Agency agrees that it will permit Juvenile Services to examine and evaluate its program of services provided, under the terms of this Contract and to review Juvenile Services juvenile records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews and the administration of questionnaires to the staff of the Service Agency and the client when deemed necessary. B. The Service Agency agrees to maintain and make available for inspection, audit or reproduction by ari authorized representative of Juvenile Services and the State of Texas, books, documents, .and other - evidence pertaining to the cost and expenses of this Contract, hereinafter called the Records. Gulf Coast Trades Center utilizes Generally Accepted Accounting Principles in all its financial transactions. C. The Service Agency agrees to maintain these records for seven (7) years after the final payment or until the state -approved audit has been made and all questions there from are resolved. D. Service Agency 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 investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the auditor or investigation, including providing all records requested. Service Agency will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. E. The Service Agency shag use Generally Accepted Accounting Principles (GAAP). E `� Pg. F. Service Agency shall maintain strict confidentiality of all information and records relating to children Involved in Juvenile Probation and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. V. GOALS,. OUTPUTS, AND MEASURABLE OUTCOMES A. The Service Agency agrees to pursue the goals and values of the Juvenile Services through providing services to clients which enable client growth and development to the client's fullest potential. This development will be through provision of a safe, drug free environment in which counseling services are utilized as tools for educational, emotional, and behavioral catharsis. B. The Service Agency shall provide the Juvenile Services, within ten working days, information which outlines the services provided to clients. These output measures may include, but are not limited to: 1. Average length of stay of clients. 2. Specific types of milieu implemented by the Service Agency. 3. Average number of counseling hours provided each client daily, weekly, or monthly. 4. Number and types of reporting measures. C. The Service Agency agrees to fumish Juvenile Services, within ten working days, annual indicators which express the effectiveness of the Service Agency in providing public benefit. These measurable outcomes may include: The percentage of clients successfully completing the program. 2. The percentage of clients who are re -unified with family or guardians. 3. The percentage of youth who were placed on jobs. VI. DEFAULT A. Juvenile Services may by written notice of default to the Service Agency, terminate the whole or any part of this Contract in any one of the following circumstances: 1. If the Service Agency fails to perform the work called for by this Contract within the time specified herein or any extension thereof; or 2. If the Service Agency fails to perform any of the other provisions of this Contract, or so fails to prosecute the work as to endanger performance of this Contract in accordance with its terms and in either of these two circumstances does not cure such failure within a period of ten (10) days for such extension as authorized by County Juvenile Services Department, in writing after receiving notice of default. VIL LICENSING, REPRESENATION AND WARRANTIES A. The Service Agency shall be licensed by the Texas Department of Protective and Regulatory Services for those programs which are under the licensing authority of the Texas Department of Protective and Regulatory Services. B. The Service Agency shall meet all other required licenses pertaining to health, fire and safety standards and shall provide copies of the most recent report to the county probation department upon request. C._ Service Agency is qualified to-do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of service being contracted for that if is ,in compliance with all statutory and regulatory requirements for the operation of its business; andt that there are no taxes due VOL fe . Pg. 1-33 and owing to the State of Texas, the County of ((Name GCTC rates Mod 10818 Spec 1623», or any political subdivision thereof. VIII. FEE ASSESSMENT A. Clients nor their families will be assessed fees for services by the Service Agency. This does not preclude reasonable attempts to seek voluntary contributions from families of County juveniles for donations of clothing, personal articles, and funds to assist in support of a client's rehabilitation. B. Under Section 231.006, Family Code, the Service Agency certifies that the individual or business entity named in this contract is not ineligible to receive the specific grant or payment and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. C. The Service Agency will adhere to all applicable state and federal laws and regulations pertinent to the contractor's provision of services. D. The Service Agency shall account separately for the receipt and expenditure of any and all funds, including those from the Texas Juvenile Justice Department received under this contract. E. Under Provision 4.11.2.4 from the Texas Juvenile Justice Department, payment for services rendered may be paid partly or wholly with Texas Juvenile Justice Department State Funds. IX. TERMINATION A. This contract may be terminated without fault or cause by either'party by giving at least ten (10) days written notice of the intention to terminate by certified mail, facsimile transmission, or personal delivery to the other party. " X INDEMNITY AND HOLD HARMLESS A. Gulf Coast Trades Center shall indemnify and hold.Juvenile Services harmless from and against any and all loss, claim damage liability fee or expense (including reasonable attorney fees) arising or alleged to ,arise from any act or omission of Contractor or any of its agents, servants, employees, and subcontractors. The foregoing indemnify shall survive the termination of this contracL XI. MEDICAL A. Juvenile Services agrees that it shall be liable and responsible for the-clierift emergency medical and dental costs incurred during the client's stay at the Service Agency. Juvenile Services will not be liable for the clients non -emergency medical and dental costs of the Service Agency unless Service Agency seeks and obtains approval from Referral Agency prior to incurring such costs. The Service Agency agrees to notify the Juvenile Service of any unusual medical. costs to be incurred. The Service Agency will accept Medicaid eligble clients. The Service Agency will apply for Texas Juvenile Services Commission Medicaid for each child entering the program when applicable. Juvenile Services may be responsible for all medical cost incurred for Non -Medicaid eligible clients. XIi. EQUAL OPPORTUNITY A. Services shall be provided by the Service Agency in full compliance with all civil rights laws and regulations, and -that there shall be no discrimination of race color, creed, sex, national origin, religious preference, in performance of any and all duties outlined by this Agreement. All programs and services provided by the Service Agency under this Agreement shall be provided in accordance with Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C.2000 (d)), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 3 et seq.), Age Discrimination Act (42 U.S.C. 6101 et seq.) and all federal rules and regulations, state laws and executive orders as applicable. XiII. TERM Vol. -3 pg. =�f--- A. The initial term of this contract will begin on September 1. 2021 and terminate on August 31, 202Z it shah be automatically renewed for one year terms thereafter, commencing September 1 u and ending August 31s, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. Xt1/. - PRISON RAPE ELIMINATION ACT (PREA) A. Service Agency shall comply with all federal, state, county, 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 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile offenders. B. Under PREA, Service Agency shall make available to the Chief Juvenile Services Officer all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA §115.387 € and XV. INSURANCE REQUIREMENTS A_ The Service Agency shall instruct his insurance agent or carrier to famish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and must be issued and then approved by Brazos County Risk Management The Certificate of Insurance must be approved by Risk Management before any services can.be rendered. B. The Service Agency shall furnish and keep In full force the following insurance during the term of this Contract: C. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, with Brazos County named as an additional insured with waiver of subrogation in favor of Brazos County. D. Professional Liability (Errors and Omissions) Insurance appropriate to the services being provided, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Service Agency maintains broader coverage and/or higher limits than the minimums shown above, Brazos County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Brazos County. E. Abuse and molestation insurance as an endorsement to the professional liability policy with coverage for damages arising out of actual or threatened physical abuse, mental injury, sexual molestation, negligent: hiring, employment, supervision, investigation, reporting toproper authorities, and retention of any person for whom the Service Agency is responsible including but not limited to Service Agency and Service Agency's employees and volunteers. Policy endorsement's definition of an insured shall include the Service Agency, and the Service Agency's employees and volunteers. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Any annual aggregate, iiimit shall not be less than $1,000,000. These limits shall be exclusive to this required coverage. Incidents related to or arising out of physical abuse, mental injury, or sexual molestation, whether committed by one or more individuals, and irrespective of the number of incidents or injuries or the time period or area over which the incidents or injuries occur, shall be treated as a separate occurrence for each victim. Coverage shall include the cost of defense and the cost of defense shall be provided outside the coverage limit F. Commercial Automotive Liability with $1,000,000 CSL for Bodily Injury and Property Damage Liability with Brazos County named as an additional insured with waiver of subrogation in favor of Brazos County. G. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Service Agency receives notification of contract approval. H. The ServiceAgency agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Service Agency's employees and the operation of his equipment The Service Agency also agrees to hold harmless Brazos County from. any and all expenses, including attorney fees, incurred by Brazos County in litigation or ofherwise resisting such claims or liabilities as a result of the Service Agency's employees' activities. Further, the Service Agency agrees to protect, indemnify and hold harmless Brazos County from and against all claims. demands and causes of action of every kind and character brought by any employees of the Vol, J& pg. Service -Agency against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Service Agency or Brazos County. XV. - DUTY TO REPORT A. Service Agency agrees that all of its employees, volunteers and other individuals providing services to children will report and investigate any incident or allegation of abuse, neglect, exploitation, death other serious incident involving a child in its Facilities in accordance with Chapter 261, Texas Family Code and Title 37, Texas Administrative Code, Chapter 358, or successor provisions, and PREA. Additionally, all incidents and allegations, including sexual abuse, serious physical abuse and death will be faxed or emailed to Juvenile Services within 24 hours of the initial report. XVI. BOYCOTT A. Service Agency verifies that it does not boycott Israel and wilt not boycott Israel during the term of this contract. The term °boycott Israel" is defined by Texas Government Code Section 808.001, effective September 1, 2017 XVII. VENUE A. Exclusive venue for any litigation arising from this agreement shall be in Brazos County, Texas. Gulf Coast Trades Center, Inc. yc` Johnny Munoz Program Director County Juvenile Services Authorized Offici nature Authorized Official Signature 6/29/2022 Date U Date Date -�Jslaa. Vol. - '56 "I- Pg. /.5� 5 �sE 6F � TE• Brazos County, Purchasing Department rr oF9 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: , . DATE: July 5, 2022 RFP NUMBER: CIP 22-515 TITLE: Courthouse Security Enhancement REQUESTING DEPARTMENT: Sheriff's Office APPROVAL SIGNATURE: . Duane Peters, County Judge DATE APPROVED: Z�t L--,( 67, ao as E Pg. 137 Change Order No. 1 Pate of Issuance: 06/24/2022 Effective Date: March 7, 2022 per NTP Owner: Brazos County Road & Bridge Owner's Contract No.: 22-615 Contractor: TEXCON Engineer's Project No.: 21-0040-01 Project: Brazos County JOP Sitework Project The Contract is modified as follows upon execution of this Change Order: Description: 8 Rain days an6idays for unforeseen conditions are added to the original contract date. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Contract Price: Original Contract Times: 90 Days Substantial Completion: June 6th . 2022 $ 605 021.55 Ready for Final. Payment: July 6th 2022 Change from previously approved Change Orders No. Change from previously approved Change Orders No. VA to No, N/A: to No. N/A: Substantial Completion: $ 0.00 Ready for Final Payment: Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion:_: June 6th , 2022 $ 605 021.55 Ready for Final Payment: July 6th , 2022 Increase of this Change Order: Change of this Change Order: Substantial Completion: June 16th , 2022 N/A Ready for Final Payment: July 16th , 2022 Contract Price Incorporating this Change Order: Contract Times with all approved Change Orders: . Substantial Completion: June 161h . 2022. $ 605,021.55 Ready for Final Payment: July 16th . 2022 APPROV�� By: Owner (Authorized Signature) Title: Date: r7 .1 STAR O aa. RECOMMENDED: ;�Q a By: Title: Project Manager ACCEPTED: By: Contractor (Authorized Signature) Title: Project Manager Date: 6/27/22 Date: 6/27/2022 Vol. Pg. jag My. 0faviICo,n%uuc %[F� ,0j 0,c .0 te,7X77868 PROJECT: (31063.Brazos CojP/CohstabIcSftawa,rk ,6WNI,;9/GC: Brazos Counter_ 20.0 South TQxa9.Ave'Smi(e352 Bryan, TX77803 DUSCRIP71ON OF CITANG: Project Rainouts to.Date Descrinflan Rt 01-M-T f br: CHANGti QDLR-D'Bjk DATE 15-&44Y22 JOB-Nu4iii— G1063 CHANGE ORD MiNUMER, I CONTRACTOR: Texcon Owerdr,66tractdis 1061 Innovation.Dr . - .9 TX 77808 979.00.7711 bunfit1tv Uillfs, UnIf-Price Extended I machMmouts 3 Dm $0.00 $ AprH Rainouls .3 Dayt $0.00 $ 3MAy.RaiaouIs (as ofSW/22) Os D$0.00 $ 41 ' * $_ PRICE OF CITANGE .:ADDI(DE DKI) APbF_8_,jWQRICfNc DAYS - OWNER: CONTRACTOR: CHARGES APPROVED BY: AGREED BY.M.- Plintca: fJ(A.Ajq!=-_r�b IF9-Z PAIC& Shawn MdIone _20 sigaftwo. JaC6 6W.W.,_ Wc 595120n Vol. pg. /,3 q AGREEMENT FOR BRAZOS COUNTY BRIDGE SCOUR REPAIR RFP # CIP 22-6.40 BRAZOS COUNTY, TEXAS Vol, Pg. Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 22-640 Pagel r 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 Vol.`?" Pg. 1q1 Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 22-640 Page 2 AGREEMENT FOR CONSTRUCTION OF'BRAZOS COUNTY ROADWAY This Agreement for the construction of the BRAZOS COUNTY BRIDGE SCOUR REPAIR, Brazos County, Texas, in the amount of EIGHT HUNDRED AND SEVENTY EIGHT THOUSAND, THREE HUNDRED AND FIFTY TWO DOLLARS AND EIGHTY FOUR CENTS ($878.352.84) is entered into this 6 day'of July 2022 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and FUQUA CONSTRUCTION CO., INC,, (hereinafter referred to as "Contractor"). The RECONSTRUCTION OF DEMOCRAT ROAD 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 22.640 and the Drawings, Project Manual and Bid Specifications, as -well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written, amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change'in the Work issued by the Engineer. Unless specifically enumerated in the Agreement, the Contract Documents - do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub -paragraph 1.5.1. shall, prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ("Contract'). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1), between the Contractor and Engineer or Engineer's consultants; (2) between the Owner and a Subcontractor or Sub —subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Engineer shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to. facilitate performance of the Engineer's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, Agreemont for Construction — Brazos County Bridge Scour Rcpair RFP CIP 22-640 Page 3 Vol. 364 pg. lq(�-- 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 BRAZOS COUNTY BRIDGE SCOUR REPAIR - 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 bridge scour repair for Peach Creek Road, Old Reliance and Ferrill Creek Road. 1.1.5 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever. located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. .3 Where' "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or "Drawings" are - used, they shall be Agreement for Construction— Brazos County Bridge Scour Repair RFP CIP 22-640 Pa e 4 Vol. 3 � `� Pg.� understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. .6 Day: A calendar. -day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Engineer approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Engineer, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Engineer and Owner. .8 Date of Final 'Completion: The date when Engineer and Owner find all the work of the Contract documents. acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of -use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not —in —Contract ( N.I.C.): Work not included in this. Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material, Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 . Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non— redoverable 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 — Brazos County Bridge Scour Repair RFP CIP 22-640 —.-------__—,Page ,��5 Vol. 3 � � Pg. .18 AgreementlContract: Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19 Critical Path: The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, .equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described interpreted as mandatory elements of the,Contract: .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site- during periodic visits to the Project, andwithout'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 —Brazos County Bridge Scour Repair RFP CEP 22-640 —________Pa e 6 VOL Pg. S 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 Sup -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 -Brazos County Bridgo Scour Repair RFP CIP 22-640 Vol. ��`t Pg. 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 "air and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.6 EXECUTION OF CONTRACT DOCUMENTS 1.6.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal 'observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and/or Engineer's consultants are Instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. , Neither the Contractor, nor any Subcontractor, Sub —subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer or the Engineer's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub —subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, Sub —subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and/or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. Agreement for Construction' Brazos County Bridge Scour Repair RFP C1P 22-640 idol. pg. )41 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 fumish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer,. Engineer's consultants 'or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or -Sub-subcontractors, material or equipment suppliers agrees to hold harmless'and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith: 1.6.2.3 The Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or format; whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor,, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and signatures shall be, removed from the documents. 1.6.2.6 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, any claim or liabilities arising out of such use. Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 22-M g V 01 / R g • Lg Page 9 I l� .�� 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 Brazos .County's appointed Capital Project Manager, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The 'Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information -of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility, of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). '2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is -not in accordance with -the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the Contract Documerts, 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 — Brazos County Bridge Scour Repair RFP CIP 22 40 , I ge 10 Vol. `f Pg. �� of the Owner to exercise this right for the benefit of the Contractor or any other person or entity; except to the extent required by Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any -items of work scheduled to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation- for the Engineer's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Engineer. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner -Contractor Agreement, as a direct result of the Engineer's negligent issuance of Certificates) 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. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 22-64 Page 11 Vol. 3 i'g.1� D "Contractor' means the Contractor or the Contractor's authorizedrepresentative. 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, 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 Agreement for Construction — Brazos County Bridge Scour Repair RFP CEP 22-640 P Page Vol. Pg. `-I Documents and submittal's 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 8ffl. 3.3.7 Lavouttarades_wili be_per plans. 3.4 .LABOR AND MATERIALS 3.4.1 Unless otherwise provided .in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and Agreement for Construction— Brazos County Bridge Scour Repair RFP CIP 22-640 '" -Page 13 Vol. Pg. _ f 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 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 Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 22-64� —� — — —� page 14 1 Vol.. Pg. I 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. 3.6.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.6.6 Objectionable Process: Where any material, process, or method or operation or application, procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed,in accordance therewith, and all changes in costresulting there from .shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified, item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were 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 Agreement for Construction— Brazos County Bridge Scour Repair RFP CIP 22-640-,rPage FVol.° P9°� 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. 1.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and 'sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the'Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to ' the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .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 Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 2 -ti4tl Page 16 allowances under Clause . 3.8.2.2, and (2) changes in Contractors costs under Clause 3.8.2.3. 3.8.3 . Contingency Allowance is established below and should be processed pursuant to the Specifications. .1 Peaeh.Creek Road - $15,000:00 .2 Old Reliance Road - $25,000.00 .3. Ferrill Creek Road - $15,000.0.0 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section 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 and allows the Engineer reasonable time, -as defined by the Engineer to review .submittals..lf the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time Agreement for Construction -- Brazos County Bridge Scour Repair RFP CIP 22-640 Pagel 17 FVol,. 3� Pg/� I 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 Engineerwithout action. 3.12.6 '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. 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 Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 21440 / P �� rage 18 Vol. lP g• 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. 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. Agreement for Construction— Brazos County Bridge Scour Repair RFP CIP 22.641 19 Vol. 3� `l — Pg. �� appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Engineerwill review, approve ortake other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly, 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.16 CLEANING UP 3.16.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's. tools, construction equipment, machinery and surplus materials. 3.15.2 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— Brazos County Bridge Scour Repair RFP C!P 22 tv- 40age 20 OI�I.e pg. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or- claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall ' be responsible for such loss unless such information is promptly furnished to the Engineer. 3.18 INDEMNIFICATION 3.98.7 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 IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION.W/TH: (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 WWTH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OFPUBLIC 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 far Constriction — Brazos County Bridge Scour Repair RFP CIP 224 0 Vol. 3 `f pg. 140 OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3A. 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 — Brazos County Bridge Scour Repair UP CIP 22 40 J—__._._ — age 22 Vol. _ 3 � _ L -Pg. � 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 130: Contractor attains Substantial Completion At All Three (3) Sites Day 160: Contractor attains Final. Completion on All Three (3) Sites' 4.1 ENGINEER 4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Engineer" means the Engineer or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E," or "Engineer/Engineer" shall mean Engineer, or an affiliate as otherwise ' provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting, in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority to act on behalf of the Ownet only to the extent' provided in the Contract Documents,- unless otherwise Agreement for Construction —Brazos County Bridge Scour Repair RPP CIP 22fV01. 40 age 23 L( _ 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 or failure to complete Work on schedule. The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract .Documents or when direct communications have been . specially authorized, the Owner and Contractor . shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs Agreement for Construction— Brazos County Bridge Scan Repair RFP CIP! Page 24 Vol. pg. 163 - 13.5.2 and 13.5.3, whether or not such. Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, .materials and equipment suppliers, their agents or employees; or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Engineer's services and expenses. 4.2.7 The Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance. with information given and the., design concept expressed in the Contract Documents. Such review and action on the part of the Engineer is limited to only those submittals required by the Contract Documents. The Engineer's action will be taken with such reasonable .promptness as to cause no delay in the Work or in the activities of the Owner,. Contractor or separate contractors, while allowing sufficient time in the Engineer's professional judgment to permit adequate review by the Engineer, Engineer's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Engineer's review of the Contractor's submittals shall not relieve the- Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Engineer's review shall' not constitute approval of safety or health precautions or, unless otherwise specifically stated by Engineer, of any construction means, methods, techniques, sequences or procedures. The Engineer's review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Engineer will prepare Change Orders and Construction Change Directives, or other change documents for changes in, the Work•for the Owner's approval and execution, and the Engineer may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Engineer may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the • Contract Documents and. assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10If the Owner and Engineer agree, Engineer will provide one or more project representatives to assist in carrying out the Engineer's responsibilities at the- site. The duties, responsibilities and limitations of authority of such project representatives shall be as ,set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Engineer will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is Agreement for Construction— Brazos County Bridge Scour Repair RFP CEP 22-640 - - - Page 25 Vol. �� P . f 0 made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until twenty (21) days after written request is received. 4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be.in writing or in the form of drawings. 4.2.13 The Owner's and Engineer's decisions on matter's 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 additional Claim made after the initial Claim has been implemented by Change Order Agreement for Construction — Brazos County Bridge Scour Repair RFP C[P 22 640 L age 26 �lol. I Pg. ll� S will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub -paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to -make payments in accordance with the Contract Documents. 4.3.6 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other` party promptly before conditions are disturbed. The Engineer will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Engineer has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work, Prior notice Is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension; or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 2 age 27 M64031, 3fe Pg. r 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 subcontractor and owner. Agreement for Construction — Brazos County Bridge Scour Repair REP C1P 22-641 � d ` � � P9. / /_ 7 Pat 28 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 fumish 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 may, but is not obligated to,* notify the surety and request the surety's assistance in - resolving the controversy. Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 22-64 a @ 29 Vol. Pg. L ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub —subcontractor is a person or entity who has- a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub — subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub —subcontractor or an authorized, representative of the Sub- -subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor Informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to'the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. i 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. 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. Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 22-640 ` Page Vol. �� Pg./& l 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 Subcontractors compensation shall be equitably adjusted. 5.4.3, Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. Agreement for Construction —Brazos County Bridge Scour Repair RFP CIP M-64T — - —' Page 31 VOI. Pg. 7 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 under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 221640 Page 32 Vol. �_____ pg. f 7 or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Ownet, 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 maybe 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. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. Agreement for Construction — Brazos County Bridge Scour Repair RFP 22-640 Page 33 Vol. Pg. ���Z 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and signed by the Owner and Engineer directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, - costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .6 additional costs of supervision and field office personnel directly Agreement for Construction— Brazos County Bridge Scour Repair RFP CIP 22-64 Pa a 34 I Vol. r i�g� . �,..3 1 attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The .amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending.final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied • by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, - the Engineer will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Engineer has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than one hundred and thirty (130) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Agreement for Constiuction— Brazos County Bridge Scour Repair RFP CIP 22- 0Page 35 Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 The date of Substantial completion .is the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 , The term "critical path" as used in the Contract Documents. shall mean the 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. 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, 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, Agreement forConstruction — Brazos County.Bridge Scour Repair RFP CIP 22-641 Vol.9. l 7sr Pa 'e 36 .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, ,or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer•and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing'by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or • use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph-4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP l Page 37 r4lo,—L/Pg• ---- 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 EIGHT HUNDRED AND SEVENTY EIGHT THOUSAND, THREE HUNDRED AND FIFTY TWO DOLLARS AND EIGHTY, FOUR CENTS ($878.352.84) 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 and transportation to the site for such materials and equipment stored off the site. Agreement for Construction— Brazos County Bridge Scour Repair RFP CIP 22-64 Pa a 38 �Vol. Pg. 7? 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass.to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly,due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic. quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on —site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to. substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose -the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or Agreement for Construction —Brazos County Bridge Scour Repair UP CIP dot} �`" — Page 39 Vol. Pg. 1-7 g subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of. .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub -contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.6.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments 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 nay each Sub -contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub —subcontractors in similar manner. 9.6.3 The Engineer will, on request, furnish to a Sub -contractor, if practicable, information regarding percentages -of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to Agreement for Construction —Brazos County Bridge Scour Repair RFP CIP Y Page 40 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 item on such list does not alter the. responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion .by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to' determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any. item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 2 -640 / Page 41 Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy -or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is -reached, by decision of the Engineer. 9.9.2 immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Agreement for Construction — Brazos County Bridge Scour Repair RFP CtP 22 r--�— �----�--d- Sge 42 'Vol. ��`� P9. I 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. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP Q Page 43 VolPg. /� 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 posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. Agreement for Construction — Brazos County Bridge Scour Repair RFP C[P 22 o Pge 44 vol. Pa. 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. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on Agreement far Construction — Brazos County Bridge Scour'Repair RFP CIP 22- 0�' ���. ` / _.. P� ge 45 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. 10.2.16 The Engineer's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work .in the affected area and report the condition to the Owner, in writing, with a copy to the Engineer. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. Agreement for Construction —Brazos County Bridge Scour Repair RFP CIP 22 640 age 46 Vol. _ (� Pg. /9—S- 1 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: 10.3.4The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence,.handling; removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances -were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify. the Owner and Engineer prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall -indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents Agreement for Construction— Brazos County Bridge Scour Repair RFP CIF' 22 —"- `-w,w-—_. _.Page 47 Vol.. ale pg.. ��,� 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 obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. Agreement for Construction— Brazos County Bridge Scour Repair RFP C[P Page 48 7,-640 ol. _, Pg. %� i .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an. occurrence basis and shall be maintained without interruption from date of commencement -of the Work until date of final payment and termination of any coverage required to be maintained after final payment. - 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $ 500,000 each accident $ 500,000 disease, -policy limit $ 600,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General -.Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $1,000,000 each occurrence $1,000,000 aggregate (b) Property Damage: $1,000,000 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) 3. Contractual Liability: (a) Bodily Injury: $1,000,000 each occurrence (b) Property Damage: $1,000,000 each occurrence Agreement for Construction — Brazos County Bridge Scour Repay RFP CIP -640 p � � Page 49 Vol. �9. 6 l $ 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: $ 600,000 each person $1,000,060 each accident (b) Property Damage: $ 500,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the. insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractors information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self -insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent Agreement for Conamction — Brazos County Bridge Scour Repair RFP CIP al, Page 50 Vol. Pg. 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 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 Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 2-640Page 51 Vol. �� P9• shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney -in fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.6Contractor 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. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shalt promptly correct Work rejected by the Engineer, Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 2 -640 Page 52 Vol. Pg. 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*Contractoes obligation under Paragraph 3.5, if, within one (1) year after the date of:Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be.. not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of -written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall. be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one.(1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work: 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from, date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed . or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraphs 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 1*2:2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be- sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. Agreement ffor Construction —Brazos County Bridge Scour Repair RFP CIP 22-W Vol. "—"'— _F ge 53 (_1/ Pg. /mil L 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 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 Agreement for Construction — Brazos County Bridge Scour Repair RFP Page 54 Vol. 3& pg. 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. 13A.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 13.6.3. 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. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector (if any). Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 22- , r ge 55 Vol.�.`I pg. 13.6.5 If the Engineer, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run -and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of - the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1, Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. Agreement for Construction — Brazos County Bridge Scour Repair RFP CIP 221MO p age 56 .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 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. Agreement for Construction — Brazos County Bridge Scour Repair RFP CtP 2 -640 age 57 Vol. Pg. 1'�6 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 Engineers 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. 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 Agreement for Construction —Brazos County Bridge Scour Repair RFP CIP 22-6 0 Page 58 Vol. Pg. /q and without cause. 14.4.2 Upon receipt of written notice from the Owner. of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in. the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated ' in the notice, terminate. all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Engineer, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference .to the number, symbol or title of a specific standard, such as a Commercial Standard,' a Federal specification; a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited. to type, class. or grade, or modified ,in such reference. 16:2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number,-it'has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from furnish ing_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 —Brazos CountyBridge Scour Repair RFP CEP 2 o Page 59 vol, ( pg. % 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 Cou4rg approval of the Agreement as set forth in the minutes of the Court's cJ u�-'f 5 , 2022� meeting. This Agreement is entered, into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1) to the Engineer for use in the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS COUNTY TEXAS Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: FUQUA CONSTRUCTION CO., INC Co., Inc •; Date_ I 1 20a`l" Date: _ j4wc T— - ti-tion — Brazos County Bridge Scour Repair RFP CIP 22-640 Page 60 �i1,,.2v22 fit ZrPH CST— r ATTACHMENT "A" BRAZOS COUNTY BRIDGE SCOUR REPAIR REQUEST FOR PROPOSAL CIP 22-640 Agreement for Construction —Brazos County Bridge Scour Repair RFP CIP 22-640 _ _ Page 61 Vol. ��. '1 Pg. �2 .. .:. .. . �� •t Kl�• Y - • _ REQUEST :FOR --PROPOSALS: RFR NO.. CIP :: _ . - Brazos CountyBridge_ScourRepair = = SEALED PROPOSALS TO -BE SUBMITTED BEFORE:::: :. Tuesday., juue 14, 2022.2:OOpm CST: TO THE: :. BRAZOS COUNTY :: PURCHASING. DEPARTMENT : =200:5. TexasAve.:Suite.3'52� ._•..- ..:..... 'B an TX 77803.:: r_y .. .... ...... . Phone: (979)-361-4290:.::: : : Fax:4979) 361=4293: Respondents;'their employees. and/or representatives are, prohibited frorii:contacting any official_ or employee of Brazos Coan exce t• the Purahasin A eri • -re � ardin this: _solicitation from -the. issuin - date of :the .. - tY�• P .g: g� g g g - • :solicitation until. scheduled oral presentations or the date the .Brazos County Comaiiioners-Court meets to - : :.: consider award ofthe RFR •Any such. contact will be grounds for rejection of the vend6es proposal: :In..compliance -with:-this solicitation;, the:: undersigned proposer: having examined, the, solicitation 'and. : ' "specifications and: being.. familiar with 'the : conditions to lie - met; . hereby submits ' the: following RFP:. for ' fumishing:the :material andloi services listed on the:attached bid form and: agrees to deliver said.iterns.at the locations and- for the prices:siC forth' on the bid form:: " = Company Name- Fuqua Construction Co:; Inc. " • By (Rrint):: -Gary Fuqua = Title: Executive Manager :'Physical Address: • _ = 9112.Interstate Drive -Navasota, Texas 77868 :: .. MailingAddress: P.O. Box 1537- Navasota,:Texas 77868: ' - :-Telephone: 936=825'2.163 Fax:: 936'825-6248 :'.:.E-Mail: office@frig iaconstruction.com V61: :'IA An tA O ��•-tA IA E 0o cv cv...0 . O. O N T LLT . :. .. V 0 •L7 m bi0 U N u 0.4 a� C 4,1 .. w COL AD .0 0: '.:.. tn GJ O ca ::CL bjO : O •U '}� V+3 .C: 'S' . 0 0 00 a. L ao in N 'C'• :a 41 m �r 0 0; L tn . p. '> O O A. :... _�.C� Vf tL U --QV y ::O'..: to C 0 .a: SNOW L: �: " •o :v :o n LW o:o U a 0 U. ra c E :s c .0 ._ a 0 �...... s...L�_E, QV A DO 40- omm 'n a " '�: . ,mob 3 ,o 0 w u �- 60 ; tic cz a ti.a :�,..:.:. n :U . M �, v. �: C m M- p a �'i' 0zcc c Z be ; 0, in in o.. W. •.. p •N. . � •o a y O o io - p.�e5�o+'�•oa Z u Brazos County Bridge Scour Repair Request for Proposals # CIP 22-640 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building 200 South Texas Ave., Ste. 352 RFP No.CIP 22-640 Bryan, Texas 77803 Page 2 of 24 pages Telephone (979) 361-4292 Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Tuesday, June 14, 2022 in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. There will be a Pre -Proposal Conference in the Purchasing Department located at the Brazos County Administration Building, 200 South Texas Ave, Ste. 352, Bryan, Texas 77803 at 3:00 p.m. on Tuesday, May 31, 2022. Release of RFP Advertisement Dates Pre -Proposal Conference Deadline for Questions Proposal Submission Deadline Review/Contract Evaluations/Negotiations Anticipated Award _ Anticipated Construction Start A. PROCUREMENT DELIVERY Friday, May 20, 2022 Friday, May 20, 2022 Friday, May 27, 2022 Tuesday, May 31, 2022 at 3:00 PM CST Tuesday, June 7, 2022 at 5:00 PM CST Tuesday, June 14, 2022 at 2:00 PM CST June June June Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will be requested including any revisions and allowing for a revision of the completion timeframe for inclusion into the final contract. B. SUMMARY OF WORK Brazos County reserves the right to award to one or multiple vendors, depending on the best value for Brazos County, determined by Brazos County. ����21Page Vol. Pg. aj Old Reliance Bridge Scour Repair: The project goal is to protect the bridge structural integrity from scour and erosion damages caused by the flow of water. Project construction elements include: 1. Temporary Traffic Control 2. Erosion Control to include rock check dam, silt fence 3. Temporary Coffer Dams and temporary dewatering 4. Earthwork to achieve design grades 5. Abutment and Pier Scour will be mediated, and the structures will be protected using rock rip rap and rock filled gabion baskets 6. Hydro mulch of disturbed areas 7. Replacement of existing guard rails and bridge rails to meet TxDOT standards, addition of concrete mow strip at guardrails Pleasant Hill Bridge Scour Repair: This project goal is to protect the bridge structural integrity from scour and erosion damages caused by the flow of water. Project construction elements include: 1. Temporary Traffic Control 2. Erosion Control to include rock check dam, silt fence, and temporary dewatering if needed 3. Earthwork to achieve design grades 4. Abutment and Pier Scour will be remediated, and the structures will be protected using rock rip rap. 5. Hydro mulch of disturbed areas 6.. Replacement of existing guard rails and bridge rails to meet TxDOT standards, addition of concrete mow strip at guardrails Democrat Road Bridge Scour Repair: The project goal is to protect the bridge structural integrity from scour and erosion damages caused by the flow of water. Project construction elements include: 1. Temporary traffic control 2. Erosion control to include rock check dam, silt fence and temporary dewatering if needed. 3. Earthwork to achieve design grades 4. Abutment and pier scour will be mediated, and the structures will be protected using rock rip rap. 5. Hydro mulch of disturbed areas 6. Replacement of existing guard rails to meet TxDOT standards, addition of concrete mow strip at guardrails. Peach Creek Road Bridge Scour Repair: The project goal is to protect the bridge structural integrity from scour and erosion damages caused by the flow of water. Project construction elements include: 1. Temporary traffic control 2. Erosion control to include rock check dam, silt fence 3. Temporary coffer dams and temporary dewatering 4. Earthwork to achieve design grades 31Page Pg. Vol. 5. Abutment and pier scour will be mediated, and the structures will be protected using rock rip rap and rock filled gabion baskets. 6. Hydromulch of disturbed areas 7. Replacement of existing guard rails and bridge rails to meet TxDOT standards, addition of concrete mow strip at guardrails. Ferrill Creek Bridge Scour Repair: The project goal is to protect the bridge structural integrity from scour and erosion damages caused by the flow of water. Project construction elements include: 1. Temporary Traffic Control 2. Erosion Control to include rock check dam, silt fence and temporary dewatering if needed 3. Earthwork to achieve design grades 4. Abutment and Pier Scour will be remediated, and the structures will be protected using rock rip rap. 5. Hydro mulch of disturbed areas 6. Replacement of existing guard rails and bridge rails to meet TxDOT standards, addition of concrete mow strip at guardrails C. ALTERNATES There are no planned alternates for this project. D. CONDITIONS OF RFP The following instructions apply to all proposals and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this Proposal. All Contractors are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Contractor(s) of this proposal request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. g. SUPPLIER - Same as Contractor �`e � 4 1 Page VolEPg. �o .� 2. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful Contractor for the period designated. 3. Proposals must be received by the Purchasing Department prior to the time and date specified. 4. The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential Contractor. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. 7. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable and non -assignable by either party. 8. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 9. The proposal award shall be based on, but not necessarily limited to, the following factors: a. Total cost including the selected alternates and addenda 40% Contractor's fee and all construction costs by Iine item will be considered with all other criteria to determine best value to the project. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. b. Completion time 15% How many days it will take to reach substantial completion of the project. The lowest construction time proposal of all the proposals become the standard by which all the time proposals are evaluated. c. Past performance on similar proiects of size and scope 10% Proposer's specific experience on like projects. Consideration will be given to the number and type of like projects completed. d. Overall Experience of Project Manager & Superintendent 20% Proposer's direct management personnel experience. Points are awarded based on the qualifications of proposer's Project Manager and Superintendent. e. Resource Availability 15% Listing of personnel and company owned or leased equipment. Provide other resources available. 10. Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost. - - - - -- -- - � - ----- 5 1 Page Vol. P9_r)__6L - 1 I. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 12. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 13. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 14. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Purchasing Agent. 15. Proposals will not be considered if submitted by telephone, fax, or any other means of rapid dispatch, nor will a proposal be considered if submitted to any other person or department other than specifically instructed. 16. All proposals shall be submitted in accordance with the instructions contained herein. Brazos County will not be liable for any information received through other websites or sources of information. It is the sole responsibility of the vendor to verify the accuracy of information received from sources other than Brazos County. it is recommended that the respondent check the Brazos Valley e-Marketplace (https:Hbrazosbid.ionwave.net) for addenda prior to submitting their proposal. 17. There is no expressed or implied obligation for Brazos County to reimburse responding service providers for any expenses incurred in preparing proposals in response to this request. 18. Proposals must show full company name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the Contractor. Company name and authorized signature shall appear in each space provided. The Contractor must include Employer Identification Number or Social Securitv Number and signature for the proposal to be valid 19. The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit A attached. A contractor or subcontractor who violates this section shall pay to Brazos County $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated on Exhibit A. 20. Proposals must specify the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to specify completion time or failure to comply with completion time will be considered reason enough to cancel the contract. VOA. `I Pg.6 , P.a g e 21. Proposals must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. In the event of a discrepancy between the numbers given for the price and the word form of the price, the word form shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 22. The proposal specifies the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the contract. If the job cannot be completed within the terms of the contract as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agree to as liquidated damages, for each additional calendar day of delay past the thirty (30) days stated in the contract: Two Hundred Fifty Dollars ($250.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. 23. Brazos County has specified a Project Contingency amount for this project. The specified contingency amount is not available for use by the Contractor and shall not be anticipated for use on the Project. Project Contingency is for Brazos County's purposes. Amount and authorization for use is at the sole discretion of Brazos County. Contingency Allowance is established per project and shall be processed pursuant to the Specifications. 24. It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 25. This Proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County contained in this RFP or the plans for this RFP shall supersede those of the vendor in the event of a conflict. 26. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 27. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. SPECIAL PROVISIONS Proposers with questions regarding the proposal should submit them in writing via the Brazos Valley e-Marketplace at https://brazosbid.ionwave.net. - - - - =`9-1 Vol.7 I- P-� e 2. Fill out the proposal completely,, identify the proposal name and number on the outside and return it to the Brazos County Purchasing Department, Administration Building 200 South Texas Ave.. Suite 352, Bryan, Texas 77803 prior to the submission deadline. The proposal is invalid if it is not deposited at the designated location prior to the time and date advertised, or prior extension issued by the County. 3. All proposals shall be prepared on the bid forms located on the Brazos Valley e- Marketplace County web site https://brazosbid.ionwave.net. The proposer must put the proposal number and name on the front of the envelope before mailing it to the Purchasing Department. 4. In addition to the County's proposal form, all proposals shall be accompanied by a Contractor's Qualification Statement (AIA Document A-305 or equal) listing five (5) like projects, along with the project's owner and engineer contact information on each project. Please note key individuals means Project Manager and Superintendent for this project. Please be specific on the project commitments in progress and future planned commitments to comply with the requests of this RFP. 5. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from Contractors. 6. The contract shall be awarded to the responsible Contractor whose proposal is determined to be the best evaluated offer. 7. Your response to this proposal should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. 8. Performance Standards: a. All services contracted herein shall be done in a courteous and orderly manner. All Contractor personnel shall be appropriately dressed at all times while on the property. b. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. c. All materials and equipment brought to the site are the full responsibility and liability of the Contractor until removed from the site as required. d. UnIess otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. e. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the performance of the work herein to be done. f. The Contractor shall be responsible for initiating, maintaining, and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the project and other persons who may be affected thereby, (2) the project and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. - -- Vol. �- . 8 j P a g e g. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). F. TRADE SECRETS CONFIDENTIAL INFOWMATION AND THE TEXAS PUBLIC INFORMATION ACT Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the Proposer believes that the Proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not acceptable. All Proposals or parts of the Proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful Proposal may be considered public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of Proposers.. Proposers are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your entire Proposal CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Public Information Act. 4. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that, the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. G. CONFLICT OF INTEREST The Proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of Brazos County. 2. By signing and executing this Proposal, the Proposer certifies and represents to the County the Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 3. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process. Proposers, their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County Commissioner's Court meets to consider award of the Proposal. Any such contact will be grounds for rejection of the vendor's proposal. 91Page Vol. pg. o�l� H. ADDENDA AND MODIFICATIONS 1. Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in the Proposal. 2. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request of the Proposer, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley e-Marketplace and will become a part of the Proposal package, having the same binding effect as provisions of the original Proposal. No verbal explanation or interpretations will be binding. In order to have a request of interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than the question deadline. 3. All addenda, amendments, and interpretations of this solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used in preparing Proposal responses. 4. The County does not assume responsibility for receipt of any addendum sent to Proposers. 5. All addenda must be acknowledged on this form. 6. The Commissioner's Court delegated the right and responsibility for issuing any and all addenda to the Purchasing Agent. I. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 1. Each Proposer shall carefully examine all RFP documents and be thoroughly familiar with all requirements prior to submitting a Proposal. 2. Before submitting a Proposal, each Proposer shall be responsible for making all. investigations and examinations that are necessary to ascertain conditions and 11 requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the Proposer of the obligation to comply, in every detail, with all provisions and requirements of the RFP. J. TAXES Brazos County is tax exempt. Tax exemption certificates wiII be executed by the County upon request. K. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may ----- ----- --- -- --- -- - - -- - - - - ----- -- - - -----_ - - - ----- -10 1 Page Vol arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy c. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. COMMERCIAL GENERAL LIABILITY a. General Liability insurance shall be written by carrier with an ANHI or better rating in accordance with the current Best Key Rating guide. b.Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. c.No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d.Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided at the Contractors expense. e. Brazos County shall be named as additional insured on Contractors insurance. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this.policy. (Waiver of Subrogation) 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an ANIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 11_I Page_ Vol. Pg. a %� 3. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors »lust use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of $500,000.00 for each accident is required. b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: a. Definitions: i. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. ii. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. iii. Persons providing services on the groiect Nubcontractors" in section 406.096 {of the Texas Labor Code)) includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing Iabor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) 12 Page Vol. Z Pg. for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: i. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and ii. no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; ii. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, iii. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. iv. obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 13 1 Page v. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; vi. notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii. contractually require each person with whom it contracts, to perform as required by paragraphs (a)-(g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self -insured, with the commission's Division of Self -Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. CERTIFICATES OF INSURANCE Certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. L. CO1 PLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. Vol. 14 1 P a g e �� F'g..- ��� ,_ M. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Attn.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. N. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. c. The Contractor shall indemnify and hold harmless and defend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. Val.(e fig. _.... 15 1 Page f. The Contractor shall also be responsible for subcontractors hired. g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. O. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. P. BONDING REQUIREMENTS 1. All bidders must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 2. The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of the total contract sum within ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE 16 1?age t±Vol. ,.�(P4 pg...2 17' ~ AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. Q. PROPOSAL SUBMITTAL 1. The Proposer shall submit the proposal on the forms enclosed on the Brazos County web site. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the bidder shall state the prices. 2. If a proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. 3. The Proposer must submit an original and five (5) copies of the proposal to Brazos County. 4. The complete proposal should include the following: a. Completed and signed RFP. 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 5. 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 for Old Reliance, Pleasant Hill, and Ferrill Creek), Exhibit D (Supplementary Conditions for Old Reliance, Pleasant Hill, and Ferrill Creek), Exhibit E (Plans for Democrat Road and Peach Creek Road), and Exhibit F (Supplementary Conditions for Democrat Road and Peach Creek Road). 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 FUQUA CONSTRUCTION CO., INC. 2. Concrete FUOUA CONSTRUCTION CO.. INC. 3. Traffic Control FUOUA CONSTRUCTION CO.. INC. 17 1 Page Vol. Pg.1---L 4. Erosion Control FUQUA CONSTRUCTION CO., INC. 5. Earthwork FUQUA CONSTRUCTION CO. INC. 6. Demolition FUQUA CONSTRUCTION CO., INC. 7. Revegetation CEN TEX HYDROSEED 8. Bridge Rail/Guard Rail FUQUA CONSTRUCTION CO INC 9.Other N/A 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: TXDOT - BURLESON CO. Contact: TAMES KREAMER Phone: 979-836-9359 Email: 1AMES.KREAMER@TXDOT GOV a'`Y.<ss ti �, tad„ T z+ty `ter ;,:•<' • .sy44rt" i^.l_ �ai}^•i•a `kda�•�: ,� u 7:�'S'•�."5'��.�. £ n v r "k �•..-`..-�.r:.��.r�t`.�'i>s:�r�.i�.F:�ra,;s �,:x�u42�a...... _ �,...�:r.���n.?tr��'Na��.'��"��^.�:%�_rff � c'�.� � `s.�+� - �� es- �: Company/Entity: TXDOT - AUSTIN CO. Contact: RYAN SIMPER Phone: 979-5l?.-3141 Email: RYAN.SIMPER@TXDOT.GOV n+`�v- t".,.x a''�;i� £ _� .:' � . �a"%.;=i �w j.�;+.U'L� }:�z"h ��'.a C",Cd'...� N ��.,^ ��fifi�''��'t'�:.. •'� _35 y •1 �` � L`_ �,�i'�� b....'},,�.,�.�`k.•L, �'e. � Page-- Company/Entity: AUST1N COUNTY Contact: MARK LAMP - COUNTy_COMMISSIONEg Phone:— 979-530-5016 Email: MLAMP@AUSTINCOUNTY.COM Company/Entity: — TXDOT - WILLIAMSON CO. Contact: - JOHN PETERS Phone: 512-930-5402 Email: — JOHN.PETERSC&TXDOT .GOV Company/Entity: TXDOT - WILLIAMSONSON CO. Contact: I SON HUDSON - TXDOT CONSTRUCTION MANAGER Phone: — 512-930-6012 Email: — JASON.HUDSON(@TXDOT.GOV Evoi. --,3-44, - - pg. 19 1- Pa. g e U. V.T.C.A. LOCAL GOVERNMENT CODE &262.0276 This Section must be completed. Failure to complete this section will disqualify the bid. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code 4262.0276 a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non -responsive" and "not responsible", eliminating it from any further consideration of award. f. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title (Owner, Officer, Director, Manager, Etc.) Debbie Fuqua President Ga Fu ua Executive Manager VolP, �z E 20 1 Page V. PROPOSAL EVALUATION WAIVER By submitting a proposal or response, each Proposer/offeror indicated below agrees to waive any claim it has or may have against Brazos Cbunty (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: Fuqua Construction Co., Inc. Address: 9212 Interstate Drive P.O. Box 1537 Navasota, Texas 77868 Proposer's Name: Gary Fuqua Position/Title: Executive Managger Proposer's Signature: �i�► Date: 06/14/2022 Subscribed and sworn t9/me on tlyl's 14 day of June in the year 2022 NORA E. CUMPIAN Notary Public, State of Texas Notary Public" VX4. P—A.'v: comm. txpires V4-u*-c% Notary ID 11886587 My Commission expires 04/09/2023 Vol. Pg. ._-_._ _ 21 1 P a g e 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. No. I No. No. Date jUne Date X. CERTIFICATION OF PROPOSAL Date The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion w'th any other Contractor, and that the contents of this bid have not been communicated to any�er Contractor prior to the official opening. Signed By:��p� Typed Mailing R.O. Box 1537 P.O. Box or Street Inc. Employer Identification Number: 74-2153658 Title: Executive Manager avasota Texas 778( City State zip CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. C1P 22-640 By signing below, Brazos County agrees that this RFP CIP 22-640 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: u L. °� t off.0 02 � Attest: Brazos County Vol. `I Pg. o�o�� 22 1 Page .. .. .. +aj.9= o Brazos::Count�V :. p _ Purchas_ in �De artmen_ t c g.. 200 S: TX. AVE., STE 352 •BRYAN, TX 77803"- PHONE (979) 361=4292:: FAX (979).361-4293 Addendum; " #1 to C:IP • 22-640• Brazos Coun '• Bridge Scdur:Re iry issued:- - June 7, 2022- . .Change: :. 'Adding the Pre -Proposal Sign -In Sheet Reason: - Requested Please see the attached pre -proposal sign in sheet:.:: ; This addendum should be signed:by:an authorized representative of the• respondent and retumed with ..... . the -bid documents as specified in the bid: ' . • . . . Acknowledgement of Addendum: - Signature: ... . •Printed Name:: - .. • :: .: • : ...... :. ,;� J - .. ..... CIl' 22-640 Pre -Proposal Meeting Attendees March 31, 2022 Company Name Rep. Name Telephone # 1. /care -a n (,7711 2. &m4r�zi y AV-B � m=y 936-9 0- 56elb Email 3. d GesTaeC Ej4, �nPlip�q tMRsOri %w� kcuss{C: (��t- (0$0- 88'fG �tL1Cu��at'Icouosk.L ;e Sr1�'e� f. L.�.vc 4. deoftr Eat,„e erie4 ReAft K.co 97�- fo80 -S o �rirror}a ` as 5. -9va , DS rpuG -" koft t t (n on v-,:� L1rna OCP(a/Ij-if IC/ ^f'r lerk liCJ VA W, 6w 7. 10. 12. 13. 14. 15. 16. 17. 18. 19. 21. 1 _1C�_ I ,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: Fuqua Construction Co., Inc. Authorized Company Representative: Gary Fuqua Address: 9212 Inte-state DrWe Navasota. Texas Signature: Contract # Date: 06/14/2022 Scour Vol. Pg. 23 Page The following items should be completed and included in your bid submission. Failure to include these ems. will disqualify your bid. References (Section T) V.T.C.A. Local Government Code §262.0276 for Tax Verification (Section U) Statement of Affirmation (Section V) �pAll Addendum s (if applicable) �d Certification of Proposal (Section X) House Bill 89 & Debarment Verification (Section Y) Bid Bonds Exhibit B — Bid Form V.01. -pg. � - - 24 1 Page CONTRACTOR'S QUALIFICATION STATEMENT AND DATA INFORMATION Name of Company: Fuqua Construction Company, Inc. (Corporation) Company Years in Business: 48 List Municipal Projects (Similar Projects in Size and Scope Completed in Last 5 Years) Project Municipality S Amount Type Date Walker Co. - SH 30 TXDOT $91,577.20 STATE 2017 Leon Co. - Bridge on SH 7 TXDOT S2,256,435.10 STATE 2017 Grimes Co. - Bridge on CR 114 GRIMES CO $79,912.00 COUNTY 2017 Anstin Co. - Bridge on CR TXDOT $410,493.11 STATE 2017 Williamson Co. - SH 95 TXDOT $1,339,951.93 STATE 2019 Williamson Co. - Clean / Repair TXDOT $1,284,132.20 STATE 2020 Williamson Co. - Guardrail TXDOT $939,068.96 STATE 2020 Grimes Co. - Bridge CR 202 GRIMES CO $426,597.07 COUNTY 2020 BurlesonCo.- Bridges CR 132/319 TXDOT $1,458,197.95 STATE 2020 Limestone Co. - Bridges CR 401 TXDOT $733,162.17 STATE 2021 Superintendent & Project Manager information Include Superintendent proposed for the project, years of experience as superintendent, project manager proposed for the project and years experience as a project manager Superintendent Years Experience Projects Alejandro Ville as 15 Grimes Co. - Win walls Grimes Co. - CR 114 Bridge Walker Co. - SH 30 Sam Ramirez 29 Madison Co. - Bridge on CR 229 City of Centerville Sidewalks Washington Co. Emerg. Bridge Repair Hector Villegas 15 Grimes Co. - Bridge CR 202 Burleson Co. - Bridges CR 132/319 Williamson Co. - Guardrail Pro'ectMana er Years Experience Projects Gary Fuqua 47 Walker Co. - SH 30 Heath Cotton 10 Burleson Co. - Bridges CR 132 / 319 Keith Wallin 10 Grimes Co. -Bridge on CR 114 Grimes Co. - Bridge CR 202 Burleson Co. - Bridges CR 132 / 319 FUQUA CONSTRUCTION CO., INC. MAJOR EQUIPMENT AVAILABLE FOR THIS PROJECT TYPE EQU►P NO. DESCRIPTION BACKHOES BH6 2002 CAT 420D BACKHOE / FORKS BH7 2010 CAT 420E BACKHOE BH8 2011 CAT 420E BACKHOE BH9 2012 CAT 430F BACKHOE BH10 2013 CAT 420FIT4SCA BACKHOE 13H11 2014 CAT 42OF 1T BACKHOE LOADER CRANES CR1 1964 P&H CRANE CR2 P&H CRANE TRACK RIG CR4 2001 GROVE TRUCK CRANE DISTRIB.TRUCK DB1 1995 FORD F-750 CAB & CHASIS ASPHALT DISTRIBUTOR DUMP TRUCKS DT2 2006 MACK DUMP TRUCK DT3 2015 INTERNATIONAL 4300 DUMP TRUCK DOZERS DZ2 2008 CAT D6K DOZER EXCAVATORS EX6 2012 CAT 308ECR EX7 2013 CAT 33BEL EX8 2013 CAT 303 5E EXCAVATOR EX9 2021 HYUNDAI HX300AL EXCAVATOR HAUL TRUCK HT1 1995 INTL HAUL TRUCK HT2 2016 KENWORTH T80OW LOADER LD1 1980 CAT 980C WHEEL LOADER (FRONT END LOADER) LD2 2011 CAT 950H LOADER MESSAGE BOARD MB3 WANCO WTMMB MESSAGE BOARD MB4 WANCO WTMMB MESSAGE BOARD MB5 WANCO WTMMB MESSAGE BOARD MB6 WANCO WTMMB MESSAGE BOARD COMPACTORS SD2 05 DYNAPAC PAD DRUM COMPACTOR SD3 06 CAT SMOOTH DRUM COMPACTOR (MODEL CS563E) SD4 08 CAT PAD DRUM COMPACTOR (MODEL CP-323C) SKID STEER SK2 2016 CAT 299D2 SKID STEER/BUCKET/FORKS/MULCHER SEMI -TRAILER ST5 98 EAGER BEAVER LOWBOY (W10 445)-ON HT1 (3 axles) ST7 2009 DROP DECK TRAILER FOR HT1 (X98 697) (2 axles) ST8 2000 RANCO RT100 32 FT DUMP TRAILER (065C649) ST9 2003 PALMER PDT12-12.5 13 FT PUP TRAILER (543105H) ST10 1998 TRAILBOSS PG27DTA EQUIPMENT TRAILER (065C700) WATER TRUCKS WT2 1988 INTL WATER TRK WT3 2006 FORD F650 WATER Vol. pg. �� BID. BOND TRAVELERS-ZMALfY AND SURIE7Y COMPANY PANY OF AMEROPA Hartford*, Connecticut 06183 KNOWN ALL 6Y THESE .PRESENTS, That -We, Fuqua Construction Co., Inc. ' as Ptifielpal, and TfdVWers- Calway and Surety .ComjYs4iY-'-df -A-0n0ifida, -08 Surety, ate- held and firmly bound, unto Brazos County in the sum of Five Percent of Amount Bid Dollars 5% for the payment of wh!6h we. bind ourselves, and -our successors and assigns; jo-i nfly, and severally, .as provided herein. WHEREAS Principal has -supm1W or is about to s -a bid to the Obligee -on .....p. submit pontract"fOr RFP No. CIP 22-640 Brazos County Bridge Scour Repair cpMoc). NOW, THEREFORE, the condition- of this bond is that-Obrugee acceptp-PrIncipal's. bid-- and -5d POPal pritpM, Into a contract 0ilgee iri qqpfbip arthe terms r- of the bid and provides such bond or bonds. At may ba- specified in the.- bidding -of contracf "Al documents, thtin-.thli§�,..obl!gdfidtt-t;htilI be.--46iid---.-.o.,therv.wa�,e,.Pntii3.ipikI and Sutft Willpay-to Obltge6 the difference- betWeen the amount -of Mindlodft bid and '-the amount -for Which Obligee shall in :good faith.. contract With another. person :or entity to perform the -work. covered ,by Principal's , Wj but in no event -shall Surety'sI and Principal's 'iabi itv�exceed. the penal sum Of this bond. Signed this. 14th d6y.of June , 2022 . Fuqua Construction Co., Inc. (Nificipal) TiWelers Casualty. andSuretyCompany of Ame nee Oy.a. It -tau Awv'�' - cyntfiia Wiesen -AtOrnOY-in-Fadt Vol., pg. : - Tr America avelers Casualty:aind Surety Company�of T.. C :l .. _ ....:.� . .. . • .:.. rave a s. .:. - p�/( r cCI . � r . asua ty and Surety C®mpany• rRQVELERs St. Paul. Fire and Marine Insuralfice Company POWER OF ATTORNEY KNOW ALL MEN BY, THESE PRESENTS: That Travelers Casualty and Surety. Company of America; Travelers Casualty and Surety Company, and St. Paul Fire • and Mi rine' Insurance Company • are corporations duly organized -under the" laws of the. State of Connecticut • (herein collectively. called the "Companies"), and that the Companies do hereby make, constitute and," Cynthia Gtesen :. :. of AUSTIN :. -texas their true . - and . lawful Attorneys) -in -Fact: to sign, execute,:. sear and acknowledge any and " all-- bonds, recognizances, conditional undertakings. and other writings obligatory in the nature thereof on behalf of the. Companies in: their :business of guaranteeing 4he fidelity of persons,. guaranteeing :the:"performance of contracts "arid executing or guaranteeing. bonds "and" undertakings required or permitted in any actions "or•proceedings'allowed by law. _ IN WITNESS .WHEREOF, the Companies, have caused this instrument to be signed, and their• corporate seals to be: hereto affixed, this 21st day of'April, 2021. Sao 3 ►�r�,r�s SIX State of Connecticut •:.. City of Hartford ss. RobertL. Rane , enior Vice President.. On -this the 21st. •day • of April, 2021, before, me personalty appeared : Robert L. Raney, who acknowledged himself , to - be the Senior Vice. President. of each of:the Companies, and that he, ,as such, -being authorized so to do, executed the foregoing instrument for the purposes therein, contained by signing on :behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I:hereunto set my hand and'official seal. My Commission expires the 30th day oJune, 2026 �# ' NOTARY f.- Notary u p08 Anna P. Nowik, N ary Public This Power of Attorney is 'granted under .and • by the authority of the • following resolutions. adopted : by the Boards. of.: Directors of each of the Companies, whfch,resolutions are now In full force and effect, reading as follows: RESOLVED, 'that the Chairman; .the -President, any ;Vice Chairman, any Execu6e •Vice President, .any Senior Vice President, 'any Vice President, any Second -Vice President, the Treasurer, any Assistant -Treasurer, the'Corporate• Secretary or any Assistant Secretary may appoint Attomeys-in-Fact:and:Agents to act for and on behalf'of the Company and may give such appointee,such authority as his or her certificate of authority may prescribe to•"sign with.the Company's name,and,'seal with the Company's seal bonds, recOgnizances;,contracts of indemnity, and other writings obligatory tn'the nature of a bond, recognizance, or cooditiorfal:undertaking, and any of,said officers or the Board of Directors at any time may remove• any such appointee and revoke the power given.him-or her' and it is FURTHER RESOLVED, 'that the Chairman, the President, any Vice Chairman, any Executive Vice 'President, any 'Senior. Vice President or' any Vice President may, "delegate all or any part of the foregoing. authority to one or more. officers or employees of this Company, provided that each such delegation'is in writing and a copy thereof is filed in the office of the Secretary; and it Is FURTHER' RESOLVED, that • any bond, recognizance, contract of indemnity, .or •writin g. obligatory in : the 'nature of a bond, ,recognizance, or conditional- undertaking shall be -valid and binding. upon the•'Company when (a)'signed by, the President, any Vice, dhairman, any Executive Vice President, any Senior -Vice President or, any :Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary. or -any Assistant Secretary and. duly attested 'and sealed with the Company's seal by a Secretary'or Assistant Secretay; or (b) duly executed ('under seal, • if - required) by' one' or more Attorneys -in -Fact and. Agents pursuant to the •powe'r prescribed in his or her, certificate or their certificates of authority or by one or more Company officers pursuant.to•awritten delegation of authority; and It is FURTHER RESOLVED, that'the signature of each of the following officers: Presidert, any Executive -Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or. to any certificate relating. -thereto appointing Resident Vice Presidehts, .Resident Assistant Secretaries or Attorneys-tn- Factfor purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so -executed and certified by such facsimile signature and facsimile seal -shall: be valid and binding • on the Company" in the future with respect .to any bond or understanding to. which it is attached. I, Kevin E. Hughes, the undersigned,, Assistant Secretary of each of the Companies; do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this' (4 dayof . j ave A Kevin E, Hughes. Assistant Secretary To verify -die authenticity of this Power ofAttomey, please. call as at 1-800-421 3880. Please refer to the above-namedAttomey(s)in Fact and the details of the bond to which this Power Vol. ' Pg.' 0 ' f IMPORTANT -NOTICE :.:To abfain information or'make a complaint: You may.call Travelers Casualty and Surety Company of America and its affiliates' toll- - -free telephone number for inforrriafioti. or=to make a complaint at: :---.. 1-800-328-2189 = 'You may -contact the Texas. Department:of Insurance to obtain information on = companies, coverages, rights or complaints at; ::1=800-252-3439 _You -may write the Texas Department of.Insurance: P. O. Box.149104 Austin-,- TX: 78714-910.4 ... ....:.:Fax: (512) 47-5=177:1. Web: http://Mw i.tii.state.bc.us E-mail-"ConsumerProtecU6h(Catdi.state.tx.us. , :.-. :.... PREMIUM• OR CLAIM DISPUTES: _ Should you have a dispute• concerning your premium or about 'a claim:you should - - "" -contact your Agent or Travelers first... If the dispute is, not resolved, you may. contact -the Department of Insurance. -ATTACH THIS NOTICE• TO'YOUR BOND: This notice is for:information only and'does not become, a -part or condition:of 4he :. . attached document and is given to'comply:with•Texas legal•and regulatoy requirements: : :.Va. (PN-042-B) . Pd. 10.18.07 p9. l E.V IIBIT B - BID FORhI Brazos County Bridge Repair Democrat Road Gcssner Engineering, LLC Brazos County RFP 9 CIP 22.640 GE lob N: 19-0115-1 Democrat Road z I Itie Scour Renair b Item Ouantiw Units Unit Cost Total too Mobilization, Bonds, and Insurance I LS S 21,000.00 S 21,000.00 101 Traffic Control I LS S 3,000.00 $ 8,000.00 102 Erosion Control (SWPPP), Including Rock Check Dam, silt fence, and Temporary Dewatering if needed. I LS S 40.000.00 $ 40,000.00 103 Clearingand Grubbing I LS S 9,333.00 S 9.333.00 104 Remove Metal Beim Guard Fence 212 LF S 4.00 S 848.00 105 Imported Cement Stabilized Sand w/ Compaction (Includes Cost of Cement) (4% by weight) 25 CY S 270.00 S 6.750.00 106 Earthwork - Cut to Fill Design Grades On Place) 230 CY S 59.00 S 13,570.00 107 Earthwork - Cut to Design Grades (Haul Oft) 425 CY S 50.73 S 21,568.75 108 D50=15" Rock Rip Rap, 24" Deep with Geolertile (Complete in Place) 400 CY S 224.06 S 89,600.00 109 Metal Beam Guard Fence (Complete in Place) 679 LF S 36.00 S 24,444.OD 110 Guardrail End Treatments (Complete in Place) 4 EA S 4,200.00 S 16,800.00 11 I 4" Thick Concrete hlowstrip (Complete in Place) 340 SY S 67.33 S 22.892.20 112 Hydromulch all Disturbed Areas (complete and in place with guarantee ofcoverage) 200 SY S 6.10 S 1,220.00 Sub Total - Democrat Road - Bride Scour Repair S 275,023,F5 Contin encv S 15 000.00 Total -Democrat Road - grid e Scour Renair S 290025.95 Time ofCom lesion (Calendar Days) 4$ Vol. �� fa g.. % a- E\7i1BIT B - BID FORRI Brazos County Bridge Repair Pesch Creek Road Gessner Engineering, LLC Brazos County RFP # CIP 22.640 GE lob 0: 19-0115-1 Peach Creek'Road.=Brid e Scour Renair - 9 Item Ougntitv Units Unit Cost Total 100 Mobilization, Bonds, and Insurance I LS S 21,000.00 S 21.000.00 101 Traffic Control 1 LS S 8,000.00 S 8,000.00 102 Temporary Fencing and Gate, Complete in Place I LS S 2.400.00 S 2,400.00 103 Erosion Control (SWPPP). Including Rock Check Dam, silt fence, and Temporary Dewatering if needed. 1 LS S 12,500.00 S 12,500.00 104 Clearing and Grubbing I LS S 8,333.00 S 9,333.00 105 Remove hletal Beam Bridge Rail 98 LF S 12.77 S I-)51.46 106 Remove Metal Beam Guard Fence 352 LF S 4.00 S 1,408,00 107 Imported Cement Stabilized Sand w/ Compaction (Includes Cost ofCement)(4%byweight) 19 CY S 270.00 S 5,130.00 108 Earthwork - Cut to Fill Design Grades (In Place) 50 CY $ 59.00 S 2,950.00 109 Earthwork -Cut to Design Grades (Haul Off) 250 CY S 50.75 S 12.687.50 110 D50=15" Rock Rip Rap, 24" Deep with Geotevtile (Complete in Place) 120 CY S 224.OD S 26,880.00 III Gabion Baskets (R-60 Rocks) with Geotextile (Complete in Place) 60 CY S 447.50 S 26,850.00 112 Metal Beam Bridge Rail (Complete in Place) 98 LF S 110.00 S 10,780.00 113 Metal Beam Guard Fence (Complete In Place) 665 LF S 36.00 S 23,940.00 114 Guardrail End Treatments (Complete in Place) 4 EA S 4,200.00 S 16,800.00 115 4" Thick Concrete Alowstrip (Complete in Place) 340 SY S 67.33 S 22,892.26 116 Hydromulch all Disturbed Areas (complete and In place with guarantee of coverage) 200 SY S 6.10 S 1,220.00 Sub Total - Peach Crock Road - Brid a Scour Repair S 205 022.16 Contin enev S 15 000.00 Total -Pea reek Road -Brid eScourRe it $ 22002216 TimeofCam letion (Calendar Days) 33 DMIB[f B- BID FORM Brass County Bridge Repair Old Reliance Road Ge Er mine LLC gram Coo m• RFP6 CIP ZI-610 G'c lab 0.21-1059d O13 ReUmm Raid- BilScour Rmair n ii Item Ouansw ()nits Unil Cost TUWT too AlobrTra03WsBonds .and lnsurame l IS S 21MOM S 21.00R00 101 Trafi: C.Mml 1 LS S U00,00 S &000.00 102 Firmer Comml(SWPPP), ladodit¢Rock Check Dam Atf6m and Temponry Denmering ifrreedsi l LS S W00.0t) S 30.OMOO Jr. Cieamg and Cmbhirti 1 LS S 8333,00 S 8333.00 104 RemosahleWl Beam&-idge Rail 300 LF S 12.77 S 3131.00 105 Rome- hleW Beim Guard Fence 213 LF S 4.00 S 900.00 106 Remme Guard Rail End Tre nnews 4 EA - S 300.00 S I.MOA0 107 Impmmd Cm=d Stabilized SvdwY Compa-riom(Indudes Coss ofCememL(As== 49fib:, Weight) 185 CY S 27QOO S 49950.00 I08 Eardm mk - Gd ro Fill DCRIln Grades (In Place) 5o CY S 39.00 S 2.950A0 109 Farft mk - Cm to Design Grades (Han] OIT) 275 CY S 50.73 S 13956.25 I10 DSO-15" Rod: Rip Rapt 24' Doep uilb Otmulic (Complereln Ply) 660 CY S L1-4.00 S 147.940.00 III 6' Comae SIopd Pacing (Ccmphne in Place) 60 SY S M" S 4.32kOO Ill 4' Thick CrmcmgeElawarrlp(Crmtplete]n Place) 324 SY S 6733 S 21.814.92 113 Clean, and Resell Bridge Deck Job= 1 LS 5 101.00 S MOM 114 SW Beam Bridge Rail (Canplete in Place) 300 LF S I IOAO S 33.000.00 115 -htcw 13= Guard Fenoe(Complete)n Place) -780 LF S 36.W S 2&OSOAO 116 Guardrail End Tnmtments(Soft Stop)(Coo:pkte to Place) 4 EA S 4-IMOO S 16.800.00 117 I%dremtdch all Diaccbeel Ai (complete and is place with pramrmx cfmmage) 300 SY S 6.10 S 1-83O00 Sub Total - OldIterrans Road -BridwScow R •ir S 393905•17 CorNrmenev S 25010.00 Tea] - Old Rel]mce Read - ELidce Smor R k S 41&905.17 Tinm efComp;G)on (Calm:dar Daas) 62 Vol. pg. �3S F-NMM(T B - BID FORM Bruns Comay Bridge Repair Pleasant Frill Road Gessner Engineering. LLC Brezas County RFP;<CIP 22-640 GE Job d: 21-1059-1 Pledsant-Ifill R -Bridie Scour R W- - -Urns •item S Cglautit, Unit Can Total 100 Mobilization, Bonds, and Insurance 1 LS S 21,000.00 S 21.000.00 101 Traffic Control i LS S 8,000.00 S 8,000.00 102 Erosion Control (SWPPP). including Rack Check Dam, silt fence. and Temporary Dewatering if needed. 1 IS S 30,000.00 S 30,OQ0.00 103 Clearing and Grubbing 1 LS S 8,333.00 S 8.333.00 104 Remove Metal Beam Bridge Rail 140 LF S 12.77 S 1,787.80 105 Remove Metal Bean Guard Fence 385 LF S 4.00 S 1.540.00 106 Remove Guard Rail End Treatments 4 E.4 S 270.00 S 1.080.00 107 Imported Cement Stabilized Sand ul Compaction (Includes Cost of Cement), (assume 4%by Weight) 75 CY S 270.00 S 20,250.00 109 Farthwoli - Cut to Fill Design Grades (In Place) 50 CY S 59.00 S 2,950.00 109 Eathwork - Cut to Design Grades (Haul Oil) 250 CY S 50.73 S 12,687.50 110 1350=15" Rock Rip Rap. 24" Deep with Gemextile (Complete in Place) 255 CY S 224.00 S 57.120.00 I l l 6" Concrete Sloped Paving (Complete in Plea) 60 SY S 72,00 S 4.320.00 112 4"Thick Concrete Mowstrip (Complete in Place) 240 SY S 6733 S 16,159.20 113 Metal Beam Bridge Rail (Complete in Place) 146 LF S 110.00 S 16A .Q0 114 Metal Beam Guard Fence (Complete in Place) 517 LF S 36.00 S 18,612.00 113 Guardrail End Treatments (Soft Stop) (Complete in Place) 4 EA S 4,200.00 S 16,800.00 116 flydromulrh all Dimurbed areas (complete and in place with guarantee ofcoveage) 250 SY S 6.10 S 1.525.00 Sub Total-Pleasant(iillRoad-Brid e Scour Rerdir S 238.224.5iT mtn enev S I5.000.00 Totn1-Plensanl(1illRoad-Arid ScourR it S 733.224.50 Titre of Corn letion (Calendar Dana) 37 FVOI-i�-� P 9 - -a�4 E.\HIBIT B - BID FORPI Brazos County Bridge Repair Ferrill Creek Road Gessner Engineering. LLC Brazos County RFP # CIP22-640 EJob 0:21-1059-1 Ferrill Creek Road -BridaeScaurRenairr p Item Quamity Units nit Cost Total 100 Mobilization, Bonds, and Insurance 1 IS S 21,000.00 S 21.000.00 101 Traffic Control 1 LS S 8.000.00 S 8,000.00 102 Permanent Fencing and Gale, Complete in Place I IS S 300.00 S 500.00 103 Erosion Control (SWPPP), Including Rock Check Dam, silt fence, and Temporary Dewatering if needed. 1 LS $ 15,000.00 S I5,000.00 104 Clearing and Grubbing I LS S 8,333.00 S •8,333.00 105 Remove Metal Beam Bridge Rail 134 LF S 12.77 S 1.711.18 106 Remove Metal Beam Guard Fence 395 LF S 4.00 S 1,540.00 107 Remove Guard Rail End Treatments 4 EA S 270.00 S 1.080.00 log Imported Cement Stabilized Sand w/ Compaction (Includes Cost of Cement), (Assume 4%by Weight) 60 CY S 270.00 S 16,200.00 109 Earthwork- Cut to Fill, Design Grades (In Place) 50 CY S 59.00 S 2.950.00 110 Fathwork- Cut to Design Grades (Haul Oil) 325 CY S $0.75 S 16,493.75 III D50=15" Rock Rip Rap, 24" Deep with Geoteytile (Complete in Place) 240 CY S 224.00 S 53,760.00 112 4" Thick Concrete Alowstrip(Complete inPlace) 326 SY S 67.33 S 21,949,58 113 Alctal Beam Bridge Rail (Complete in Place) 134 LF S 110.00 S 14,740.00 114 Metal Beam Guard Fence (Complete in Place) 643 LF S 36.00 S 23.148.00 115 Guardrail End Treatments (Soft Stop) (Complete in Place) 4 EA S 4,200.00 S 16.80700 116 Hvdromulch all Disturbed Areas (complete and in place with guarantee of coverage) 200 CY S 6.10 S 1,220.00 Sub Total - Ferrill Creek Road - Bridge Scour Repair S 224 425.51 Contingency S IS 000 .00 Total - Ferrill Creek, Road- Bridge Scour Repair S 239 425.5151 Time ofCom Ietlon CalendarDass 35 EXHIBIT B - BID FORM Brazos County Bridge Repair Summary Gessner Engineering, LLC Brazos Count• RFP H CIP 22.640 GE Job# Bridge ScourRepair Sub -Total. 'Contingency Total Time of Completion " (Calendar Days) I -0115 Democmt Read S 290 025.95 S 15.000.00 S 305 25.95 43 19.0115 Peach Creek Road Is 22002.16 S 15000.00 23502216 33 2 - 059 Old Reliance Road 419,905,17 S 25000.00 S 443905.17 62 2f-10 Pleasant HiliRead S 25322 50 S 5000,00 S 768224.50 37 2I-1059 Ferrill Creek Road Is 239425.3I S I5000.00 S 254425.5t 35 TOTALI S 1,421,603.29 S 85,000.00 S 1 506 603.29 210 ...- ..,..wu „r...,u..u,u,u vuu u.uw,uN,c,awwa.,sNnrvii.Y on rae oeu,awe lOr UraEo5l;01elly. R'IC(Inalea 0y'tlmZnS (]9aM'. Vol P{g �J3 � 7 RFP # CIP 22-640 Brazos County Bridge Scour Repair Max Points Available Texcon h Fuqua Construtt(on Demnrn Roa "`5u 7a i $353;fiQ7 p� iitS2.75!OIST955j� Fonturgency$15;000 O0� �S3'�i,000'00-1 Oem Road - Brid Seou Re it Total rme oktompietlon (Calendar.DaysjI �$36f707 0� Pin95 �$Zgp;5 43 Peach Creek Road- Bridge Scour Repair -Sub Total $326,02&75 SM.022.16 Contingency $ S,000.00 _115,OOq.OD Peach Creek Road - Bridge Scour Repair- Total Time of Completion (Calendar Days) $341,020.75 70 3$ Old Reliance Road- Bridge Scour Repair -Sub Total $542,7D5.0D $393,g05i7 Contingency $25,000.00 4MOD0.00_ Old Reliance Road- Bridge Scour Repair -Total Time of Completion (Calendar Days) $567,705.OD _ $414905.17. . 130 62 Pleasarrt,Hill+Road - 8 ' ge�Sm_urRe'ir',.,5'`T,u`b�ota`I u�S33aA,363T001� (�5238�24"'-50 ComingeMMMwWAWm1uneJncy$%SrOooToo� 535;000 00 easant HDI Roatl B dge,5cou •Repair -Total of C-ompleUon emwendar:uays) �r;�SOT,363T00$ ]�$253�450 +' Ferrill Creek Road - Bridge Scour Repair -Sub Total $350,537.00 $224,425:51 Contingency $Is,00D.00 $15;QOQ00 FerriliCreek Road -Bridge Scour Repair -Total Tune of Completion (Calendar Days) $365,537.00 $239,475.5 75 35_ 1 Total Cost including the contingency and addenda (to only awarded projects) $1,274,262,7S $878,35ES4 Points for Cost 40 27.57 40:00 2 Completion Tune (to only awarded projects) 275 "0 PointsforTune is 7.09 15.00 3 Past performance on similar projects of size and scope 4 Overall experienceofProject Manager&Superintendent 10 20 6 16 10 2D 5 Resource availability 15 15 15 Technical Proposal Total 100 71.66 100.00 Considered non -responsive due to not submitting proposal in correctly No Award: Democrat Road & Pleasant HID Road Committee Recommended Award for Peach Creek Road, Old Reliance Road, & fTerriil Creek Road: Appro ed by miss) ers Court on is S� day of ZUL"_l 2022 by holding the position of Co uNry -T'(A c) 6 C VOL36 AGREEMENT FOR JACK MANNING BRIDGE REPLACEMENT RFP # CIP 22-643 BRAZOS COUNTY, TEXAS Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-643 _ Page 1 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 1.8. Prevailing Wage Rates 19. Authority to Contract Vol. '36 Pg. D Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-643 w: Page 2 AGREEMENT FOR CONSTRUCTION OF-BRAZOS COUNTY ROADWAY This Agreement for the construction of the JACK MANNING BRIDGE REPLACEMENT Brazos County, Texas, in the amount of ONE MILLION, FIFTY SEVEN THOUSAND, ONE HUNDRED AND THIRTY NINE DOLLARS ($1,057,139.00) is entered into this 5 day of July 2022 by and -between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas. Ave., Suite 352, Bryan, Texas 77803, and FUQUA CONSTRUCTION CO., INC., (hereinafter referred to as "Contractor"). The RECONSTRUCTION OF DEMOCRAT ROAD 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, Supplementaryand other Conditions), all documents included.in RFP # CIP 22-643 and the Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written_ order for a minor change in the Work issued by the Engineer. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub -paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ("Contract"). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or.agreemerits, 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) be_tween 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 Con=cdon — Jack Manning Bridge Replacement RFP CIP 22-6431 �l / r ge 3 Vol. � Pg. 7 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 JACK MANNING BRIDGE REPLACEMENT in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: This project consists of the replacement of Jack Manning Bridge. . 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 dimension's 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 understood to include drawings, details and schedules as applicable. Agreement for Consmieflon — Jack Manning Bridge Replacement RFP CiP 22-643 age 4 Vol. J6 Pg. .6 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— Jack Manning Bridge Replacement RFP CEP 22 , / Page 5 Vol. Pg. d2 .18 Agreement/Contract: Agreement/Contract:means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19 Critical Path: The project's tasks that will cause the project end date to be .delayed if they are delayed. The. word `critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure.locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials -and-. connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall' preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it:is being performed In a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. _ Such evaluations shall be based on' -,what is plainly visible. at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .26 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." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS Agreement for Construction —Jack Manning Bridge Replawment UP aP 22 3 �J �C Page 6 Voi. Pg. d- L 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Engineer. 1.2.6 Current Editions: When any work is dovemed 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) specifically defined; (2) the titles of numbered articles and identified references to Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-6 t13�01. 2/ p9 ��c5 Page 77 11 d1� 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 under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-6rvol P�. Page 8 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Engineer may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or other versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving,computers. 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk .and without liability or legal exposure to Engineer, Engineer's consultants or Owner, and to fullest extent permitted .by law, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants.. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and. signatures shall be removed from the documents. 1.6.2.6 In consideration ' for the use of the Drawings, Specifications and other documents, including those. in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, any claim or liabilities arising out of such use. Agmmwt for Constmcdon —.Jack Manning Bridge Replacement RFP CIP 22-643 age 9 Vol. I Pg. d.Yj ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is Gary Arnold, Capital Project Manager, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,,and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility of the Contractor under the Contract Documents; Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief. Any other Information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe '?W' 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 — Jack Manning Bridge Replacement RFP C[P 22.643 ge 10 Vol. Pg. �,g of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does .not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated,,any items of work scheduled to'be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Engineer's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged. to the .Contractor shall be done after consultation with the Engineer. If payments then or thereafter due the Contractor are 'not sufficient to cover such amounts, the Contractor shall pay the difference,to the Owner. 2.4.2 Neither Owner nor its' officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price .paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner -Contractor Agreement, as a direct result of the Engineer's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the 'right to: .1 observe the work; at any time, whenever it is in preparation or progress; .2 make emergency 'repairs to the work during • the guarantee period, to prevent further damages and the Contractor shall .pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the. work. 2.4.4 The Owner shall not be required to accept from the Contractor (unless specifically agreed upon): .1 Partial Substantial Completion; .2 . Substantial Completion when it occurs prior to the expiration of the Construction Time. ARTICLE 3 CONTRACTOR 3.1 - GENERAL 3.1.1 The Contractor is the person or entity Identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term Agreement for Conmalon—lack Manning Bridge Replacement RFP CIP 22-641 Vol.a6 g• q. age 11 / "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, 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 Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 1 Vol • 36 q Pa. Pa 12 Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 . The Contractor shall supervise and direct the Work, using. the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over_ construction means, methods, techniques, sequences and procedures and for' coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and - evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give. timely written notice to the Owner and Engineer and shall not proceed with that portion of the Work without further written instructions from the Engineer. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved . of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection -of portions of Work already _performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP Section 8(f). 3.3.7 LavoMrades will be per plans. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and Agreement, for Construction —Jack Manning Bridge Replacement RFP CEP 22-643 7] -/ P' a 13 Vol. � 7 f l�' Q�J I g 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: Contractors warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub —let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be Agreement for Construction —Jack Manning Bridge Replacement RFP C[P 22-64 ��f jage 14 Vol. �� Pg. o� enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.6.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subc:ontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application' procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before.a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with .particular attention being directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption.that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were 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 Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 P ge 15 IV0 1. pg. � 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.- Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .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 r s _ and the Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 16 allowances under Clause 3.8.2.2, and (2)- changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as 50� 000_00 and shall be processed pursuant to the Specifications. 3.9 _ SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section - 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 Contractors construction schedule� and allows the Engineer reasonable time, as- defined by the Engineer to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22 age 17 Vol. P9.s3� schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.6 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE '3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the 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. 3.12A 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. 3.12.6 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. 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) Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 ! Vol. P g . Pa1�e 18 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. 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 Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-643 1 Vol. Page 19 pg. P-1 I 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 Contractors tools, construction equipment, machinery and surplus materials. - 3.16.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS 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. Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-643 1 Vol. P Page 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 IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB -CONTRACTORS, SUB -SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN ,WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL. NOT BE. CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 1 Vol � Pa Pg,a 21 �s 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 in 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. 3.19.6 Contractor shall provide acceptable access facilities to the Work for the Owner, Engineer, and all local, State and Federal authorities having jurisdiction. All access - facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break —down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 1 VOl. Pg.AO Page 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 70: Contractor attains Substantial Completion Day 100: 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 throughoufthe Contract Documents as if singular in number. The term "Engineer" means the Engineer or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E," or "Engineer/Engineer" shall mean Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. . 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation' with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority to act on behalf of the Owner only to -the extent provided in ' the Contract Documents, unless otherwise 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 Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22 3 / rage 23 vol.Pg. 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 Contractors failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Engineer will not have control over or charge of and will not.be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineers presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineers attention in writing if he wishes to obtain Engineer's opinion. 4.2.6 Based on the Engineer's observations and evaluations of the Contractors 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 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 Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-643 • � Par 24 Fvoi.°- Pa 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 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 fumish such interpretations until twenty (21) days after written request is received. Agreement for Construction —lack Manning Bridge Replacement UP al? 22-643 i Vol. a /1 � Pat 25 d g• 4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Engineer's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any;. .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Engineer, this shall include showing in CPM format, both critical and non -critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Engineer. Claims, including those alleging an error or omission by the Engineer, shall be referred initially to the Engineer for action as provided in Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Engineer and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be -considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub -paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 ito 26 Vol. % Pg.Ik continue to make payments in accordance with the Contract Documents. 4.3.6 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Engineer will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. if the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Engineer has given notice of the decision. if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer; (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owners suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. Ag=meat far Construction — Jack Manning Bridge Replacement RPP CIP 22,643 ems[® OI • 7� /' i/_ it/� Pagi I `� C3 • d`(e 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 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. Agreement for Construction —Jack Manning Bridge Replacement RFP C1P 22-643 , / &__!age 28 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 10.5i 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 may, but is not obligated to, notify the, surety and request the surety's assistance in resolving the controversy. Vol. Pg. 7 Agreement for Construction —Jack Manning Bridge Replacement UP CIP 22-643 Page 29 ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub —subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub — subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub —subcontractor or an authorized representative of the Sub — subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, -Sub-subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14.) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, -after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall, constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a_person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 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 Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22 3 vol. P�. Page 30 _ � �� 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 information on status of its accounts, upon demand by Owner. Agreement for Construction — lack Manning Bridge Replacement RFP CIP 22-643 c " Pag 31 Vol. �'7 �._. �9 U�1 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. 6.1A Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. . 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies. or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities Agreement for Construction — Jack Manning Bridge Replacement RFQ CiP 22-643 Pa 32 Vol. i'g7 or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP, 6.3.1 If a. dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under, their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES i. 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. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-643 I Vol. pg. j / y 'age 1'33 10 `7 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order_prepared by the Engineer and signed by the Owner and Engineer directing a change in the Work and stating a proposed basis for adjustment, if any,.in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable'fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.6 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum; the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep_and present, in such form as the.Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .S additional costs of supervision and field office personnel directly Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-643 1 r�P2ge Vol. pg. attributable to the change; and .6 the maximum allowance for overhead and profit, combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of -credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor, or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Engineer will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Engineer concerning' -the adjustments in the Contract Sum and 'Contract. Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Engineer has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding.on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than seventy (70) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-643 I Pg. �J %� Pa" 35 Vol. _ d t� 6 Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 ' The date of Substantial completion is the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the 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. 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 fumished 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, 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, Agreement for Consimcdon — Jack Manning Bridge Replacement RFP CIP 22,643 Pag 36 .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve. maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and_stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. •8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in. accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent.of number of such. changes, or requirement of correction Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 2 / Pg �Pagt 137 Vol.ocro �_ or re -execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is ONE MILLION, FIFTY SEVEN THOUSAND, ONE HUNDRED AND THIRTY NINE DOLLARS ($1,057.139.00) 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 and transportation to the site for such materials and equipment stored off the site. Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-643 Pag 38 I Vol. v. Pg. o%� 9.3.3 The Contractor warrants that title to all Work covered. by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities. making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for. Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on —site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or Agreement for Construction — Jack Manning Bridge Replacement RFP C1P 22-643 Vol. OI ��, �� Pa' e 39 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; .6 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be- completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub -contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.6.2 When the above reasons for withholding certification are removed, certification Will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of. Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub -contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub —subcontractors in similar manner. 9.6.3 The. Engineer will, on request, furnish to a Sub -contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. - If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-643 . I Vol Pag� 40 pg. � 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 0.8.1 Substantial Completion is.the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in' accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will. make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Agreement for Constniction—Jack Manning Bridge Replacement'RFP CIP 22-643 Pag ��— 41 I Vol. A pg. ? % f Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that ' it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Agreement for Construction— lack Manning Bridge Replacement RFP CIP 22-643 ` ____.. _... - ---- ftg@ 42 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. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be Agreement for Construction —Jack Manning Bridge ReplacementRR CIP 22-643 Page 43 Vol. pg. ,�;,zo� J 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. 9.10.6 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 posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. Agreement for Construction — Jack Manning Bridge Replacement UP CIP 22-643 Page 44 I Vol. �% pg. 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.E 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, 9es 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. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on Agreement for Construction — Jack Manning Bridge Replacement RFP CIF' 22-643 I VOL O a 2 Pg. 7� /J dzb � PaT 45 d� all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10. Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of - Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials. Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to'the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any _regulatory body by reason of any violation of safety or health regulations. Contractor - shall also be responsible for reimbursement of any OSHA fines incurred by the -Engineer for Project. site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi -employer citation provision. 10.2.13 The Contractor shall notify Owner's and Engineer's personnel upon arrival to the Project site of any known safety or health hazards at. the Project and the precautions they should take. .10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them from safety and health risks during the performance*of their services during the construction of the Project. 10.2.15 The Engineer's review of Contractor's performance does not include review of adequacy of Contractor's safety, -or health. measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on -the site by the Contractor, the. Contractor shall, upon recognizing the. condition, immediately stop Work in the affected area and report the condition to the Owner, in writing, with a copy to the Engineer. 10.11.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the: cleaning of finished building materials. Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 P ge 46 Vol. L10 L Pg. — 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by'the Contractor and in the event such material or substance is found to be present, to. cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall ' furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will. promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work. in the affected area* shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable` additional costs of shut -down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify -and hold harmless the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including -but not limited to attorneys' fees, arising out of or resulting from performance of the Work in -the affected area if in fact the material or substance presents the risk of bodily injury or death as described in 'Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is to the fault or negligence of the.,party seeking indemnity. 10.3.4 The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in. any form at -the Project site. 10.3.6 The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the. Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify .the Owner and Engineer prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency, for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES '10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. Agreement for Construction —Jack Manning Bridge Replacement RFP CEP 22-64 , F 47 VolP9•. �"�_ �=--- 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 o� 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 I 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 injuryto or destruction of tangible property, including loss of use .resulting there from; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims .for bodily 'injury or property damage arising out of* completed operations; .8, claims involving contractual liability - insurance - applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall -include all major.divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. • (5) Contractual; including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles.. Agreement for Construction — Jack Manning Bridge -Replacement RFP CIP 7 / r 48 (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: $ 600,000 each accident $ 600,000 disease, policy limit $ 600,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed, Operations; Broad Form Property Damage): (a) Bodily Injury: $1,000,000 each occurrence $1,000,000 aggregate (b) Property Damage: $1,000,000 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) 3. Contractual Liability: . (a) Bodily Injury: $1,000,000 each occurrence Agreement for Construction —Jack Manning Bridge Replacement RFP CiP 22.643 49 Vol. w pg. Pat (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: $ 600,000 each person $1,000,000 each accident (b) Property Damage: $ 600,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Note; The State of Texas has a no fauk automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. -These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award. of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self -insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent Agreement for Construction —Jack Manning Bridge Replacement UP ClP 22-64 0 agC $0 Vol. Pg._ I 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 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 Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 a e 51 Vol. -I PO. shall be on the form' provided by Owner and. shall be compatible with provisions of . governing authorities. Contractor shall file bonds with the Owner. 1-1.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall 'list.the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney -in -fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.E 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, orwaiver -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. 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, Agreement for Construction — Jack Manning Bridge Replacement RFP CIP 22-61 Vol. Jta Pg aZ�y 52 Owner or governing authority or failing -to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 - AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement _of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously. given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work .first performed after. Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the -Work under the Contract .and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of ' Work first. performed after -Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration -of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by"the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of .the Owner or- separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 122 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. Agreement for Canstmcdon —Jack Marming Bridge Replacement RR CIP 22-643 ge 53 Vol, 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 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 Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 ��� Pa e 54 Fv;.=Pg. 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. 13.6.2 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. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector (if any). Agreement for Construction —Jack Manning Bridge Replacement "P CIP 22-"3 �� Pago Vol. � g, 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. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 Vol. 3L q P" Pag 56 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 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, Agreement for Construcdon —Jack Manning Bridge Replacement RFP CIP 22-643 I W Q,a /„ L� p g �� Pagt 11 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 for Construction —Jack Manning Bridge Replacement RFP CIP 22-643 VOL / q �� Fagg 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 fumishedto 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 partidular 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 — Jack Manning Bridge Replacement RFP CEP 22.643 YSge VOL ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. Agreement for Construction —Jack Manning Bridge Replacement RFP CIP 22-W V6. 3�1 pg. ?-,f r. 60 ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissio ers ,Court'a, approval of the Agreement as -set forth in the minutes of the Court's U. Gli , 20* meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one'(1) to the Engineer for use in the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS COUNTY, TEXAS Brazos County Judge 330 South Texas Ave., Suite 332 Brazos; Texas 77803 CONTRACTOR: FUQUA. CONSTRUCTION CO., INC 0a'C,6n,9fructigh Co., Inc Date: -1 1 5 I a0aa` .- Date:'! 2 �k 7-JA vr 2OZZ, RFP CIP.22-0e; 2.: PM CsT Agreement for Construction — Jack. Manning Bridge Replacement RFP C[P 22-643 „_ _. —_ _ _ „ „Page 61 i vos: Pc". 0299 ATTACHMENT "A" JACK MANNING BRIDGE REPLACEMENT REQUEST FOR PROPOSAL CIP 22-643 Vol. pg. '300 Agreement for Construction —Jack Mamdng Bridge Replacement RFP CIP 22-643 Page 62 . REQUEST_ FOR'FROPOSALS: • : RFP NO. CIP Jack Manning Bridge, Replacement " :... ::: 'SEALED PROPOSALS TO*BE SUBMITTED BEFORE-:- "Tu&da :.•: • - •. • •."..•., y;,june 14;2022;:2._00pm•CST.•: • : - ::.:. TOJAE: BRAZOS COUNTY :.:.. PURCHASING- DEPARTMENT .......... : :200;S.. Tex' &Ave..Su#e 352 = •Bryan, TX 7-78035:. :. . ::. -Phone: (979)::361-4290.:.:.::: : = Fax::. 979 � 361 4293 Resgondents;'their employees: and/or representative prohibited frotYi:contaeting any official.or employee : of Brazos' •County, .except 'the •Pnrahasing_ Agent, regarding . this solicitation from..the issumg ` date -of. ;the. ..solicitation untilscheduled oral presentations:or the date the Brazos"County Commissioners Court meets`fo consider award ofthe'RFP.:Any.such contact will be grounds foP'rejection'ofthe vendor's proposal.'. . :In, compliance : with :this solicitation; 'the ; undersigned proposer ; baying " examined' - the solicitation :and- • ; specifications arid::being familiar with ;the : conditions to be " met, ' hereby submits :the :following RR :foe . furnishing_ the material and%r. services listed on the :attached bid form and agrees to deliver said: items :at the locations and: for the prices setorth:on the bid forni.., ' Company Name- Fuqua' Constructioii:Co.; Inc. By (Print), : - • :Gary Fuqua:- Title: Executive Manager :Physical Address: -9212 Interstate Drive Navasota, TeXai:77868 Mailing:Address: P.O..Box:1537-.' Navasota: Texas 77868' : -Telephone: 936-825-21*63 Fax: • ::936-825-6248 :: :. - -.E-Mail: office@fuquaconstruction:com -Vol. :� C t tn:::0 U M I' :.... :. — -- Co.CU .= i f0 R3 Q O : O' c::' L 80 }-- „ > — . C m '"�"' D. N u 'O.`.� _ sec L Q �i•� 'L aTi C — c6.3.. :.. U C ar x 'a�.:�.a.m.. 0 Ilia u :: :. ...... a)b�0 ... ... uav+ Q ::::� c M. L m :.. -a 0. :.. :... 'tom: U = �i:: .C'. O ::Z :v ) o. � :.O Nu:;.:. ..... v1. tn w tio Ln - .. .. 0 .: :o..d .. O Er... �+. Mn N — � ...... ..O . v L • o0 tn to Lc 0 s o c � :.. + t .o :: :...... :.. II. .....'Ll...... _ O }� u s 'V .'N — o d.0 c ti- :m U:'. ' :. ' v) :O . 0 {h C' :$ Cc a.. :' .. ' .' O tJ.: vvl of C Q .... 'N AA,, ..... .. v L O _ 0 cu �' . •0 C Y u to' �Q a (u • :... Cc . `tetu'•O.-�"rdo.� in .•-, .Ln• • Q :Oto osC c — -a .E m'oc.� :oua 10 m �. • c _ C io y:; ro oi to m V1 • L +, N �L, 0. H: :. _ ►. ._: 0 .4-J to Jack Manning Bridge Replacement Request for Proposals # CIP 22-643 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building 200 South Texas Ave., Ste. 352 RFP No.CIP 22-643 Bryan, Texas 77803 Page 2 of 23 pages Telephone (979) 361-4292 Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Tuesday, June 14, 2022 in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. There will be a Pre -Proposal Conference in the Purchasing Department located at the Brazos County Administration Building, 200 South Texas Ave, Ste. 352, Bryan, Texas 77803 at 9:00 a.m. on Wednesday, June 1, 2022. Release of RFP Advertisement Dates Pre -Proposal Conference Deadline for Questions Proposal Submission Deadline _ Review/Contract Evaluations/Negotiations Anticipated Award Anticipated Construction Start A. PROCUREMENT DELIVERY Friday, May 20, 2022 Friday, May 20, 2022 Friday, May 27, 2022 Wednesday, June 1, 2022 at 9:00 AM CST _ Tuesday, June 7, 2022 at 5:00 PM CST Tuesday, June 14, 2022 at 2:00 PM CST June June June Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If the County chooses, these top scoring firms will be given an opportunity to present potential value engineering or cost saving suggestions to the County. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will be requested including any revisions and allowing for a revision of the completion timeframe for inclusion into the final contract. B. SUMMARY OF WORK 1. The installation of a new 60' x 28' steel bridge with concrete deck and associated asphalt pavement roadway transitions at the Cobb Branch generally includes the following elements: a. Demolition and removal of approximately 300 linear feet of existing crushed limestone pavement, base, and subgrade. b. Installation of one (1) 60' x 28' steel bridge with concrete deck. c. Installation of approximately 120 liner feet of bridge guard rail. d. Installation of approximately 580 liner feet of metal beam guard fence. e. Installation of Type R Rock riprap and concrete slope paving at new bridge. f. Installation of approximately 240 linear feet of asphalt pavement. g. Traffic Control, Erosion Control, and SWPPP record keeping. h. Other subsidiary items. C. ALTERNATES There are no planned alternates for this project. D. CONDITIONS OF RFP The following instructions apply to all proposals and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this Proposal. All Contractors are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions "shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c., CONTRACT - An agreement between the County and a Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Contractor(s) of this proposal request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. g. SUPPLIER - Same as Contractor 2. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful Contractor for the period designated. 3. Proposals must be received by the Purchasing Department prior to the time and date specified. 4. The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. 3 Page Pg. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential Contractor. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. 7. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable and non -assignable by either party. 8. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 9. The proposal award shall be based on, but not necessarily limited to, the following factors: a. Total cost including the selected alternates and addenda 40% Contractor's fee and all construction costs by line item will be considered with all other criteria to determine best value to the project. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. b. Completion time 15% How many days it will take to reach substantial completion of the project. The lowest construction time proposal of all the proposals become the standard by which all the time proposals are evaluated. c. Past performance on similar projects of size and scope 10% Proposer's specific experience on like projects. Consideration will be given to the number and type of like projects completed. d. Overall Experience of Proieet Manager & Superintendent 20% Proposer's direct management personnel experience. Points are awarded based on the qualifications of proposer's Project Manager and Superintendent. e. Resource Availability 15% Listing of personnel and company owned or leased equipment. Provide other resources available. 10. Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost. 11. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 12. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 13. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. Vol. 3 fps Pg. � 14. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Commissioner's Court. 15. Proposals will not be considered if submitted by telephone, fax, or any other means of rapid dispatch, nor will a proposal be considered if submitted to any other person or department other than specifically instructed. 16. All proposals shall be submitted in accordance with the instructions contained herein. Brazos County will not be liable for any information received through other websites or sources of information. It is the sole responsibility of the vendor to verify the accuracy of information received from sources other than Brazos County. It is recommended that the respondent check the Brazos Valley e-Marketplace (https://brazosbid.ionwave.net) for addenda prior to submitting their proposal. 17. There is no expressed or implied obligation for Brazos County to reimburse responding service providers for any expenses incurred in preparing proposals in response to this request. 18. Proposals must show full company name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the Contractor. Company name and authorized signature shall appear in each space provided. The Contractor must include Employer Identification Number or Social Security Number and signature for the proposal to be valid 19. The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit A attached. A contractor or subcontractor who violates this section shall pay to Brazos County $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated on Exhibit A. 20. Proposals must specify the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to specify completion time or failure to comply with completion time will be considered reason enough to cancel the contract. 21. Proposals must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. In the event of a discrepancy between the numbers given for the price and the word form of the price, the word form shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 22. The proposal specifies the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the contract. If the job cannot be completed within the terms of the contract as - - - - --- --- - -5Page Val. 3 ( pg. determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agree to as liquidated damages, for each additional calendar day of delay past the thirty (30) days stated in the contract: Two Hundred Fifty Dollars ($250.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. 23. Brazos County has specified a Project Contingency amount for this project. The specified contingency amount is not available for use by the Contractor and shall not be anticipated for use on the Project. Project Contingency is for Brazos County's purposes. Amount and authorization for use is at the sole discretion of Brazos County. Contingency Allowance is established as $50,000.00 and shall be processed pursuant to the Specifications. 24. It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 25. This Proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County contained in this RFP or the plans for this RFP shall supersede those of the vendor in the event of a conflict. 26. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 27. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. SPECIAL PROVISIONS 1. Proposers with questions regarding the proposal should submit them in writing via the Brazos Valley e-Marketplace at https://brazosbid.ionwave.net. date advertised, or prior extension issued by the County. 3. All proposals shall be prepared on the bid forms located on the Brazos V Marketolaor— Cmmtv,.web. site httt)s://brazosbid.ionwave.net. T-thUR u"�ME : U Vol. 34os Pg. 4. accompanied Please note key , Please be specific on the project commitments in progress and future planned commitments to comply with the requests of this RFP. 5. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from Contractors. The contract shall be awarded to the responsible Contractor whose proposal is determined to be the best evaluated offer. 7. Your response to this proposal should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. 8. Performance Standards: a. All services contracted herein shall be done in a courteous and orderly manner. All Contractor personnel shall be appropriately dressed at all times while on the property. b. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. c. All materials and equipment brought to the site are the full responsibility and liability of the Contractor until removed from the site as required. d. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. e. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the performance of the work herein to be done. f. The Contractor shall be responsible for initiating, maintaining, and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the project and other persons who may be affected thereby, (2) the project and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. g. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). F. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 1. Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the Proposer believes that the Proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to 7 Page Vol. (pS I Pg. confidentiality are not acceptable. All Proposals or parts of the Proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful Proposal may be considered public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of Proposers. Proposers are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your entire Proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act. 4. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. G. CONFLICT OF INTEREST 1. The Proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of Brazos County. 2. By signing and executing this Proposal, the Proposer certifies and represents to the County the Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 3. With the exception of interviews and other contacts initiated by Brazos County_ relevant to the selection process, Proposers, their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County Commissioner's Court meets to consider award of the Proposal. Any such contact will be grounds for resection of the vendor's proposal. H. ADDENDA AND MODIFICATIONS 1. Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in the Proposal. 2. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request of the Proposer, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley e-Marketplace and will become a part of the Proposal package, having the same binding effect as provisions of the original 8JPage Vol. pg. Proposal. No verbal explanation or interpretations will be binding. In order to have a request of interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than the question deadline. 3. All addenda, amendments, and interpretations of this solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used in preparing Proposal responses. 4. The County does not assume responsibility for receipt of any addendum sent to Proposers. S. All addenda must be acknowledged on this form. 6. The Commissioner's Court delegated the right and responsibility for issuing any and all addenda to the Purchasing Agent. I. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 1. Each Proposer shall carefully examine all RFP documents and be thoroughly familiar with all requirements prior to submitting a Proposal. 2. Before submitting a Proposal, each Proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the Proposer of the obligation to comply, in every detail, with all provisions and requirements of the RFP. J. TAXES Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. K. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. 91Page vol. J' s P9. /® Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy c. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. COMMERCIAL GENERAL LIABILITY a. General Liability insurance shall be written by carrier with an A:VIII or better rating in accordance with the current Best Key Rating guide. b.Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. c.No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d.Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided at the Contractors expense. e. Brazos County shall be named as additional insured on Contractors insurance. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 3. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to. provide coverage for the employees of an independent contractor may not be used. The worker's compensation insurance shall include the following terms: - 10 1 Page vol. pg. /i a. Employer's Liability limits of $500,000.00 for each accident is required. b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose R stricter standards of documentation: a. Definitions: i. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, -for the duration of the project. ii. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. iii. Persons providing services on the project ("subcontractors" in section 406.096 fof the Texas Labor Code}) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing Iabor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: i. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and 111Page Vol. r of pg. /�_ ii. no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person -may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; ii. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. iv. obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; vi. notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii. contractually require each person with whom it contracts, to perform as required by paragraphs (a)-(g), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll 12 1 Pabe Vol. Pg. L3 amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self -insured, with the commission's Division of Self -Insurance regulation.. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. CERTIFICATES OF INSURANCE certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. L. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. M. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Attn.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature 13 1 Page Vol. 39�- Pg. that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. N. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. c. The Contractor shall indemnify and hold harmless and defend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. f. The Contractor shall also be responsible for subcontractors hired. g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 14._1 .. P a g e Vol. kilo 5� pg. /� O. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. P. B.ONU. N 12EQIJ 1t MTS 1. All bidders must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 2. The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of the total contract sum within ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR. REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. Q. PROPOSAL SUBMITTAL 1. The Proposer shall submit the proposal on the forms enclosed on the Brazos County web site. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the bidder shall state the prices. 2. If a proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. _.._.__...15 1 Page Vol. �!� S� Pg. 3. The Proposer must submit an original and five (5) copies of the proposal to Brazos County. 4. The complete proposal should include the following: a. Completed and signed RFP. 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 5. 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 (Engineer's drawings and Specifications), and Exhibit D (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 FUQUA CONSTRUCTION CO., INC. 2. Concrete FUQUA CONSTRUCTION CO., INC. 3. Traffic Control FUQUA CONSTRUCTION CO., INC. 4. Erosion Control FUQUA CONSTRUCTION CO., INC. 5. Earthwork FUQUA CONSTRUCTION CO. INC. 6. Demolition FUQUA CONSTRUCTION CO., INC. 7. Revegetation CEN TEX HYDROSEED 8.Other N/A S. PRICING Complete Exhibit B attached and submit with the proposal. 16 1 Page 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: TXDOT - BURLESON CO. Contact: TAMES KREAMER Phone: 979-836-9359 Email: JAMES.KREAMER@TXDOT.GOV . ;'3t.: ,C. r� e�s`,'� «'� ir, a-:rn, . � �;fl .v�.�rs�,�.•. 1,: x..� ,f x., <�.%:.,71�. rr. N...v�,s' r� 1,".1"z'c�rs5.�'': ;:'3idY.c x��?,i .^f., '' Y ,n 4�.�£�. s �r�. .. �: Company/Entity: TXDOT - AUSTIN CO. Contact: RYAN SIMPER Phone: 979-532-3141 Email: RYAN.SIMPER@TXDOT.GOV Company/Entity: AUSTIN COUNTY Contact: MARK LAMP - COUNTY COMMISSIONER Phone: 979-530-5016 Email: MLAMP@AUSTINCOUNTY.COM Company/Entity: TXDOT-_WILLIAMSSON CO. Contact: JOHN PETERS Phone: 512-930-5402 Email: JOHN.PETERS@TXDOT.GOV Vol.Page 0/ '5— Pg. l9 Company/Entity: TXDOT - WILLIAMSON CO. Contact: — JASON HUDSON - TXDOT CONSTRUCTION MANAGER Phone: 512-930-6012 Email: JASON.HUDSON@TXDOT.GOV R 18 1 Page Vol. S� pg. U. V.T.C.A.,LOCAL GOVERNMENT CODE 6262.0276 This Section must be completed. Failure to complete this section will disqualify the bid. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code 6262.0276. a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non -responsive" and "not responsible", eliminating it from any further consideration of award. f. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title (Owner, Officer, Director, Manager, Etc.) Debbie Fuqua President Gary Fuqua Executive Manager ..- --- - -- ----- 19 (Page Vol.�� pg. V. PROPOSAL EVALUATION WAIVER By submitting a proposal or response, each Proposer/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or 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. Finn's Name: Fuqua Construction Co., Inc. Address: 9212 Interstate Drive P.O. Box 1537 Navasota, Texas 77868 Proposer's Name: Gary Fuqua J Position/Title: Executive Manager .-,/ Proposer's Signature: Date: Subscribed and sworn to me olthis 14 ` day of June in the year 2022 TLUIk Notary Public My Commission expires 04/09/2023 NORA E. CUMPIAN Notary Public, State of Ti Notary ID 11886587 201 Page Val. ,5 , pg. 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. No. I No. pol Date Date Date r X. CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion wit any other Contractor, and that the contents of this bid have not been communicated to any of r Contractor prior to the official opening. Signed By: Typed Inc. Title: Excutive Manager Mailing Address: P.O. Box 1537 Navasota Texas 77868 P.O. Box or Street City State Zip Employer Identification Number: 74-2153658 ; CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 22-643 By signing below, Brazos County agrees that this RFP CIP 22-643 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 _..-. _ - . Vol. .� ,p9 21 j Page • .�. oP.r� rao .-ouht:. Z. Purchasin :De artme�t :. g2 ... ... a ..� .. .-_. �pj .0� a4 200 Si TX.•AVE.,.STE 352 :BRYAN,.TX 77803' 61 = ; ..: PHONE (979) 3-.4292 FAX (971 )_ 361-4293 :. :Addendum-0 to CAP 22443 Jack Manning Bridge Replacement'' Issued;- June 7 7Q2 Change: Adding the Pre;Propos ..al Sign4h' Sheet :.::.. :::.:.. Reason: • Requested ;..::.. ... Please see. ..attached pre -proposal sign in shed.- = " This adden lun :should be signed :by an authorized representative of the respondent and:retumed with the bid documents as:speecifaed iii the bid: '""' ::� .:AcknowledgementofAddendum:- ::' ' " ' ' �•�'-'• '•- "• " "'" " " " . Signature: :.. ...... Printed Name::.' ::' ; . ....... 'Evo=- . W M N L O,r-+Nmd'Yn�ol--wG\ � r--1 .-a r-r V- 4 r--1 r-1 r-i r--1 N 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:/hvww.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: Fuqua Construction Co., Inc. Authorized Company Representative: Gary Fuqua Address: 9212Interstate Drive AO. Box 1537 Signature: ACe%/f ►y� 'y�� Date: 06/14/2022 Contract # 1P a-g Vol. pg. f The following items should be completed and included in your bid submission. Failure to include these it ms will disqualify your bid. References (Section T) V.T.C.A. Local Government Code §262.0276 for Tax Verification (Section U) Statement of Affirmation (Section V) All Addendums (if applicable) Certification of Proposal (Section X) House Bill 89 & Debarment Verification (Section Y) Bid Bonds Exhibit B — Bid Form - V-23 1 Page Vol. ks Pg. CONTRACTOR'S QUALIFICATION STATEMENT AND DATA INFORMATION Name of Company: Fuqua Construction Company, Inc. (Corporation) Company Years in Business: 48 List Municipal Projects (Similar Projects in Size and Scope Completed in Last 5 Years) Project Municipality S Amount Type Date Walker Co. - SH 30 TXDOT $91,577.20 STATE 2017 Leon Co. - Bridge on SH 7 TXDOT $2,256,435.10 STATE 2017 Grimes Co. - Bridge on CR 114 GRIMES CO $79,912.00 COUNTY 2017 Austin Co. - Bridge on CR TXDOT $410,493.11 STATE 2017 Williamson Co. - SH 95 TXDOT S1,339,951.93 STATE 2019 Williamson Co. - Clean / Repair TXDOT $1,284,132.20 STATE 2020 Williamson Co. - Guardrail TXDOT $939,068.96 STATE 2020 Grimes Co. - Bridge CR 202 GRIMES CO $426,597.07 COUNTY 2020 Burleson -Co. - Bridges CR 132/319 TXDOT $1,458,197.95 STATE 2020 Limestone Co. - Bridges CR 401 TXDOT $733,162.17 STATE 2421 Superintendent & Project Manager Information Include Superintendent proposed for the project, years of experience as superintendent, project manager proposed for the project and years experience as a project manager Superintendent Years Experience Projects Alejandro Villegas 15 Grimes Co. - Win ~Halls Grimes Co. - CR 114 Bridge Walker Co. - SH 30 Sam Ramirez 29 Madison Co. - Bridge on CR 229 City of Centerville Sidewalks Washington Co. Emerg. Bridge Repair Hector Villegas 15 Grimes Co: - Bridge CR 202 Burleson Co. - Bridges CR 132/319 Williamson Co. - Guardrail Project Manager Years Experience Projects Gary Fuqua 47 Walker Co. - SH 30 Heath Cotton to Burleson Co. - Bridges CR 132 / 319 Keith Wallin 10 Grimes Co. - Bridge on CR 114 Grimes Co. - Bridge CR 202 Burleson Co. - Bridges CR 132 !Vol. - pg. �-7 FUQUA CONSTRUCTION CO., INC. MAJOR EQUIPMENT AVAILABLE FOR THIS PROJECT TYPE EQUIP NO. DESCRIPTION BACKHOES 131-16 2002 CAT 420D BACKHOE / FORKS BH7 2010 CAT 420E BACKHOE BH8 2011 CAT 420E BACKHOE BH9 2012 CAT 430F BACKHOE BH10 2013 CAT 420FIT4SCA BACKHOE 13H11 2014 CAT 420F IT BACKHOE LOADER CRANES CR1 1964 P&H CRANE CR2 P&H CRANE TRACK RIG CR4 2001 GROVE TRUCK CRANE DISTRIB.TRUCK DB1 1995 FORD F-750 CAB & CHASIS ASPHALT DISTRIBUTOR DUMP TRUCKS DT2 2006 MACK DUMP TRUCK DT3 2015 INTERNATIONAL 4300 DUMP TRUCK DOZERS DZ2 2008 CAT D6K DOZER EXCAVATORS EX6 2012 CAT308ECR EX7 2013 CAT 336EL EX8 2013 CAT 303 5E EXCAVATOR EX9 2021 HYUNDAI HX300AL EXCAVATOR HAUL TRUCK HT1 1995 INTL HAUL TRUCK HT2 2016 KENWORTH T80OW LOADER LD1 1980 CAT 980C WHEEL LOADER (FRONT END LOADER) LD2 2011 CAT 950H LOADER MESSAGE BOARD MB3 WANCO WTMMB MESSAGE BOARD MB4 WANCO WTMMB MESSAGE BOARD M65 WANCO WTMMB MESSAGE BOARD MB6 WANCO WTMMB MESSAGE BOARD COMPACTORS SD2 05 DYNAPAC PAD DRUM COMPACTOR SD3 06 CAT SMOOTH DRUM COMPACTOR (MODEL CS563E) SD4 08 CAT PAD DRUM COMPACTOR (MODEL CP-323C) SKID STEER SK2 2016 CAT 299D2 SKID STEER/BUCKET/FORKS/MULCHE.R SEMI -TRAILER ST5 98 EAGER. BEAVER LOWBOY (W10 445)-ON HT1 (3 axles) ST7 2009 DROP DECK TRAILER FOR HT1 (X98 697) (2 axles) ST8 2000 RANCO RT100 32 FT DUMP TRAILER (065C649) ST9 2003 PALMER PDT12-12.5 13 FT PUP TRAILER (543105H) ST10 1998 TRAILBOSS PG27DTA EQUIPMENT TRAILER 065C700) WATER TRUCKS WT2 1988 INTL WATER TRK WT3 2006 FORD F650 WATER Vol. 4.5,-- pg- BID -BOND U VELERS;CASUALTY AND SURETY CWPANY OF AM15M" Hafftf01d,-00hffdJdfidut 06183 MOWN ALL THESE PRESENTS, That` Fuqua Construction Co., Inc. a S., ' BY - hat"wo., Pflfid!091, and Tfa:V6le1tCd§(j9lb) and S1AAY.GdM0201YW Ain& --Ad Surety, are, held and firmly bound unto: Brazos County as--Obligpe in the sUfn Of Five Percent of Amount Bid 5% for ;the -'pgypgn t of -�WOh We. bind pmraekoo, and our su c And 9009119i jointly WHEREAS;- Pdnc'!pAl has -submitted ifted or is about to s -a- bid -to the Obligee on _M.. _. _.- _ about . _. .ybM.ft - bid . ... - ;.. — . optradt'for- RFP No. CIP 22-6543 Jack Manning Bridge Replacement NOW, THEREFORE, the condiffiDngf-thisbond tsthiat.#;',Ob�igpoe(qcppt-,�--Priildt)alla-bidj and -PIrincif al enters:PAn#;Pt' Qbligj�e-� in q'qpf OrMagco, with t -the tolo. P w _. _ ' 4 bid 'and gro 4pch, bonj or bonds 1w.rhay 40- $Pecifio in the: Ingo contra Of . 0. bidding Of documents, 'then thlt;.-.-,,6b11g18itloft shall SureW.'Villpay 16- Oblige6 thi diffOrdfte.. between the arno'Uhtbf Principal's bid and the arho' uhtfor which Obligeesteal! , ijigpe n good faith contract with @pq#vqr- person: or entity to- pprfbrm the -wo& covered by .Principal's bid;. but in 00 and Prirfc! alis :liability -exceed the penal sum .of this b0fid. S*O* e_d:thts 14th 44y--of June 2022 Fuqua Construction Co., Inc. (Ptift[Pal) j Azlh B SY. _AIiY., :SuretyTravelers Casuahyrand Qpiomnyof-Amodca. 'BYT d4fi(AaL' Cynthia Glesen ..A'tWr6eV4n-Pa0t pg. - VOL Travelers Casualty, and -Surety Company O America Travelers -Casualty -and Surety Company TRAVELERS J St. Paul -Fire :and Marine, Insurance Company . ... POWER OF ATTORNEY KNOW ALL MEN 'BYTHESE PRESENTS: That *Travelers Casualty arid Surety Company of America, Travelers Casualty and Surety Company, and St, Paul Fire and 'Mai rine Insurance Company are corporations duly organized under the' laws of the State of Connecticut (herein collectively: called the "Companies"), and that the Companies do hereby make, constitute and:aPpoint Cynthia Giesen . , of AUSTIN•: •• :" Texas :- their true and' lawful Attorney(s)-in-Fact to sign, execute,. seal. and acknowledge any and.: all bonds, recognizances,. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their :business of guaranteeing the fidelity of persons;.. guaranteeing 'the performance of contracts :and executing or guaranteeing bonds and undertakings required or permitted. in any'actions or proceedings allowed bylaw. IN WITNESS -WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be. hereto affixed, this 21st day of April, 2021. 04 VV • ts � . State of Connecticut 0 ' City of Hartford ss. : Robert L. Rane , enior Vice President On this the 21st ,day : of April, 2021, before me. personally appeared Robert L. Raney —who acknowledged himself - to be the Senior Vice. President of each -of the Companies, and that:he, as such, -being -authorized so to do, executed the foregoing :instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I: hereunto set my hand and official seal.+r° *r� tIOrARY ; c My Commission expire'§ the 30th day of.June, 2026 n ,!s '11 , • • • PUatiO t, F An P. Nowik, Notary Public This Power of Attorney is granted under . and : by the authority of -.the : following resolutions adopted by the Boards. of : Directors of each of the Companies, which resolutions are now in full force and effect, reading as.follows: RESOLVED, that the Chairman, .the President, any:.Vice. Chairman, any Executive' Vice President, any Senior Vice President, any. Vice President, any Second -Vice President, the -Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact .and•Agents to act for and on behalf of the Companyand may give such appointee such'authority as his or her certificate of authority may prescribe to'sign with. the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and ,any of. said officers or the Board of Directors at any time may remove any such appointee and revoke the power given,him or her; and It is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senio(-.Vice President or any Vice President may, -delegate all or any part of the foregoing : authority to one or more offiders or employees of this Company, provided that each such delegation Is -in writing and a copy thereof is filed in the'offioe•of•the Secretary; and it is - FURTHER: •RESOLVED, that any' bond, recognizance, contract of indemnity,.:or wilting obligatory In ;the 'nature of a bond, -recognizance, or conditional- undertaki. 9 shall -be valid •and binding upon the'- Company when (a)'signed by the President, any Vice Chairman, any- Executive • : • Vice President, any $enior Vice President • or any :Vice President, any Second Vice President, the • Treasurer, any Assistant Treasurer, the Corporate. Secretary. or:any Assistant Secretary and duly attested 'and sealed with the Company's:seal by a Secretary or Assistant Secretary; or (b) duly executed'' (under seal, if required) by one or more, -Attorneys-in-Fact and. Agents pursuant to the power prescribed in his or her certificate o� their certificates of authority or by one or more Company officers pursuant to a:written delegation of authority; and it is FURTHER' RESOLVED, that the signature of each of the' following officers: President, any Executive Vice President; any Senior -Vice President, any Vice President, any -Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries- or Attorneys -in- . Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company -and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it -is attached, I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this Vrb, day of, 3—cVv-t- a WUiifOND, < � ORPG:4Y Kevin E. Hughes, Assi• tant Secretary To verify the authenticity of this Power ofAttomey, please call us at1 800-42Z-3880, Please refer to the above -named Attorney(s)-in-fact and the details of the bond to which this PowerofAttorney is attached. Vol. Pg. 3� unrv�ru�iww� To obtain information or'make a complaint: " You ma call Travelers Casualty and Surety. Company of America -and its affiliates' toll-:: '".free telephorie.numbe'r for information of"to make a complaint at: 1-800-328-2189 You may.contact the -Texas Depart ment`of.Insurance to obtain. information on companies, coverages, rights or complaints at: 1' 900-252-3439 Y-ou'inay write the Texas Department of Insurance: P. Q: Box 149104.... . Austin., -TX. 78714-910.4 Fax: (512) 475-177.1" Web: http://wwW.tdi.state.tx.us E-mail::'ConsumerProtectionCc�tdi.state.tx.us .... ;. - PREMIUM OR -CLAIM DISPUTES: . Should you have a dispute concerning your premium -or about a claim:you should contact your Agent.or Travelers first. If the dispute is. not resolved, you may contact the ::Texas Departmentof Insurance. ATTACH THIS NOTICE TO YOUR BOND: ' This notice is for1nf6rmatlon only and:does not become a: part or condition-of:the " attached document and is given to comply with Texas legal'and regulatory requirements::" Vol. J&s pg.� (PN-042-8) Ed.10.18.07 Gessner Engineering - Bryan O 401 26th Street, Suite,3 Bryan; Texas 77803 GES.SNER. P: (979) 680-8840 ENGINURING Project: 21-1546 Jack Manning Bridge Replacement Jack Manning Road Brazos County, Texas Pre -Proposal Conference Meeting Date June 1, 2022 Meeting Time 9:00 AM -10:00 AM Central Time (US & Canada) Meeting Location Brazos County Commissioner's Court Overview Pre -proposal meeting with potential project bidders, design team; and owner for the Jack Manning Bridge Replacement Project. Notes Attachments Scheduled' Attendees Name i Company Phone Number Prarthana Banerji� Brazos County .P: (979) 822-2127 Kaitlyn Battles l Brazos County Fred -Paine Brazos County P: (979) 822-2127 ext. 3040 Ezekiel. Rashid Gessner Engineering_ ^^ P: (979) 680-8840 l Introductions No. j Mtg Origin Title LA�ussignment':* 1.1 1 Team Member Introductions fDescription Prarthana Banerji - Brazos County County Engineer Fred Paine - Brazos County Road & Bridge Operations Manager Bill Hadley - Brazos County -Road & Bridge Jon Jones - Brazos County Road & Bridge Kaitlyn Battles - Brazos County Purchasing Shaun Hanson -Gessner Engineering Project Manager Ezekiel Rashid — Gessner Engineering Project Engineer Email Attendance pbanerji@brazoscountytx.gov Present kbattles@brazoscountytx.gov Present fpaine@brazoscountytx.gov Present erashidCo)_gessnereng.com ' ' Present Due'Date I Priority Status Open No. = Mtg Origin' Title i Assignment Due Date Priority Status • I 1.2 ( 1 Overall Project Summary F — p i The Installation ofa new 60' x 28' steel bridge with concrete deck and associate asphalt pavement roadway transitions at the Cobb Branch generally includes the following elements: Demolition and removal of approximately '300 linear feet of existing chip seal pavement, base, and subgrade. t Installation of one (1) 60, x 28, steel bridge with concrete deck. t Installation'of approximately 120 linear feet of bridge guard rail j • Installation of approximately 580 linear feet of metal beam guard fence • Installation of Type R Rock riprap and concrete slope paving at new bridge. I Installation of approximately 240 linear feet of asphalt pavement. • Traffic Control, Erosion Control, and SWPPP record keeping. Other subsidiary items' i - ( ----- Gessner Engineering - Bry' an Page 1 of 6 Printed On: May 30, 2022 03:10 PM CDT r , N4eeting #1 - Pre -Proposal Conference Project: 21-1646 Jack Manning Bridge Replacement Ho. • , Mtg Origin Title _ Assignment_ Due Date ' Priority }Status, loll 2.1 A. Points of -Contact Open Description_—_—_��--------------_____._____-- ---------_—___-- -- ____� Brazos County f Feed Paine, P:E. - Operations Manager j faaine(Mbrazoscountvbc,00v ph:979-822-2127 x304O I I } Bill Hadley -Project Manager , ! whadlev ftrazoscountvtx.gov ph:979-822-2127 Gessner Engineering Shaun Hanson, P.E - Project Manager shanson @gessrie rena.com ph:979-314-8999 Schedule No. is Mtg Origin We Assignment Due Date Priority. I Status i 3.1 1 , -- Pre -Proposal Conference Open E Description June 1 st, 2022 } 9:00 AM - Brazos County Administration Building 200 S. Texas Ave. Bryan, TX 77803 Commissioner's Courtroom No. y,•Mtg Origin . �. Title Assignment Due Date Priority Status I 3.2 I 1 Deadline for Questions Open i' Descriptioni ! I 1 Tuesday June 7th @ 5:OOPM. Questions to be submitted through Brazos Valley e-Marketplace (lonWave)-System. No. —1 Mtg Origin i Title ^�— tJt Assignment Due Date: 1 Priority Status 3.3 Response to Questions Open t Description Responses to all questions will be provided in an addenda on or before Wednesday June 9th @ 5:00PM. No. j.MtgOrigin Title ... i Assignment 1 Due Date 166riority I Status 3.4 l 1 Cro osall,9515missian Deadline Open Description '------ �srrea$ i -?���ii'sKa{W,?kaE�ci #RPr P�rogosa} Sobml�syo Dead rne;is Qsd�!;JQae AM 20292:OOp is B'razo .Vallee a-MarKe p ace,(Aonll�lave���y�sii�rrre Vol. pg. � Gessner Engineering - Bryan Page 2 of 6 Printed On: May 30, 2022 03:10 PM CDT r 1111peting,#9 - Pre -Proposal Conference-�� Project: 214546 Jack Manning Bridge Replacement Mtg Origin ' Ti�Eg A� pignmerit Due Date Priority to : 3.5 1-;. Review/Evaluations/Negotiations Open ' Description Exact date is unknown at this time, but expected in July. No. Mtg Origin Tale Assignments .Due Date Priority. •Status _ - Open 3.6, 1 Anticipated Award 1 Description Exact award date is unknown at this time, but expected in July.' •� No Mtg Origin Title Assignment' — 1,Due_Date- Priority I Status 3.7 1 • Anticipated Construction Start Open = ' : (Description . • • _ ...--•..._._.____...._........__._..,.�._...�.,.�., ______ { i Construction start date is unknown at this timejbbut expected in Juiy.. Construction Safety iNo. Mtg Origin Tale �.^ - !-Assignment y 4.1 •� 1.: Work zone and traffic control Description • Temporary traffic control will need to be Implemented per contract documents. j' • Access to existing properties and intersecting roadways must be maintained at all times. t : ' Access for Emergency Services must be maintained at all times. Discussion Due late ;Piiarity, 1 Status Open - No. ; ' Mtg Origin" Nile ill Y � ' Assigriinenf ' - 't�Due Date � Priority {Status ; 5.1 1 .. Limits of Construction � I � Open } Description Start Approximately 130' east of the Cobb Branch crossing on Jack Manning Road. End: Approximately 110' west of the Cobb Branch crossing on Jack Manning Road. Contractor shall confine all construction activities, equipment, materials, private vehicles, debris-, etc. to the County Right of -Way and any County provided construction easements unless written permission toutilize off-Site.areas Is received from land. owner and delivered to Owners Representative and Engineer. Any adjacent property affected during construction shall be returned to preconstruction condition at the Contractors expense. i Contractor shall maintain access to all adjacent property owners, businesses, int darags, atiel orergerre 9 construction activities. Vol, ' Gessner Engineering -Bryan Page 3 of 6 Printed On: May 30; 2022 03:10 PM CDT Weting #1 - Pre -Proposal Conference _ Project: 214546 Jack Manning. Bridge Replacement i Contractor is to coordinate with.adjacent property owners, businesses, and all Emergency Service providers serving the area priorto commencement -,of construction. + No. i°Mtg Origin !Title Assignment j � "I'Due Date -i Priority 4'Stafus 5.2 1 Pavement _ - �^ Open { Description , Pulverize, mix, grade, and chemically stabilize existing roadway for new stabilized subgrade. Pavement Section: { Existing: 1 :• " Sheet 04 shows the existing pavement section to be a chip seal surface course but this is incorrect. Existing roadway is crushed i i limestone surface course j 1 Assumed 8" thick cnished limestone base •� i 6-thick lime stabilized subgrade }{ Proposed: • l _ ff; 6" Lime Stabilized Sub - grade r i 8",Crushed Limestone Base j 1 2' HMAC surface Course :Type C _ No .Mfg Origin- Title Assignment , Due Date Priority ;-Status 5.3 1 Drainage Open Description Provide for positive drainage during all construction operations. • Ensure driveways are not adversely impacted from drainage issues during construction. } Replacement of existing culverts with new 60' x 28' steel bridge with concrete deck and associated abutments No. Mtg Origin . Title Assignment `: Due Date.' Priority, Status 1•5.4. 1 Utilities Open Description - Contractor is to verify the exact location and vertical positioning of all pipeiines, communication lines, existing utilities, and service lineswithin the project area, whether shown on the plans or not, at least 48 hours prior to•construction. Contractor is to contact owners of all utilities and service lines within ft project area and notify of intent at least 1 week prior toconstruction. Contractor is responsible for coordinating with facility owners if any utility relocations are required: Contractor is responsible to report any conflicts between plan and actual conditions prior to construction or as soon as the conflictis . encountered during construction. 1 Contractor is responsible for any damage done to existing utility facilities and will be required to repair or replace at own expense. Vol. Pg. 'Gessner Engineering - Bryan Page 4,.of 6 Printed On: May 30, 2022 03:10 PM CDT Meeting #1 -Pre-Proposal Conference _.......__ _ Project. 21-1646 Jack Manning Bridge Replacement No. .Otg Origin . titie= Assignment. Due Date '. ; =Priority. Status 1 Additionalltems Open 5.5 __ • No geotechnical investigation has been conducted for this project. __.__ _.. ___ .__ _ __ __ •� _ _ _ _ _ • Contractor will be responsible for procurement and the Installation of all bridge rail and guardrail. - .' MBC'Management will be conducting bridge construction'Inspection services. Contractor to notify Gessner Engineering within 72 hours of requested inspections required per contract documents. Contact Is Shaun Hanson. (shansonCa)oessnerena.com). Phone: 979-314-6999. I I . I Vol. s Pg. Gessner Engineering - Bryan Page 5 of 6 ' Printed On: May 30" 2022 03:10 PM'CDT . Njeeting #1 - Pre -Proposal Conference Project: 21-1646 Jack Manning Bridge Replacement I No. —Mtg Origin Title Assignment Due Date Priority ; Status 5.6 i 7 - —Owner Contingency. `—" — — �—--^---�—`�' Open �. Description Brazos County has specified a Project Contingency amount of $150,000.00 for this project. The specified contingency amount is notavailable for use by the Contractor and shall not be anticipated for use on the Project. Project.Contingency.is for Brazos County's purposes. Amount and authorization for use is at sole discretion of Brazos County. These meeting minutes are believed to be an accurate reflection of those items discussed and the conclusions that were reached during the referenced meeting. Please contact Gessner Engineering - Bryan if there are any discrepancies or questions with the content of theseminutes. VOA. 34 -Pg. _ Gessner Engineering - Bryan Page 6 of 6 Printed On: May 30, 2022 03:10 PM CDT BID FORM - EXHIBIT "B" Jack Manning Bridge Jack Manning Road at Cobb Branch Bridge Installation and Road Improvements Gessner Engineering, LLC April 2022 ~~ : J Y t - Item # Item uantity Units Unit Cost Total 100 Mobilization, Bonds, and Insurance I LS $ 159,000.00 $ 159,000.00 101 Traffic Controls and Detour Signage I LS $ 12,000.00 $ 12,000.00 102 Erosion Control (SWPPP), Including Hydroseed all Disturbed Areas 1 LS $ 12,000.00 $ 12,000.00 103 Culvert Markers 1 4 1 EA 1 $ 112.00 $ 448.00 Sub Total - General Items $ 183,448.00 ` Item # Item Quantity Units Unit Cost Total 200 Remove and Re -install Existing Fencing 260 LF $ 32.00 $ 8,320.00 201 Remove Existing 72" CMP Crossing Culverts l50 LF $ 87.00 $ 13,050.00 202 Demolition and Removal of of Existing Crushed Limestone Roadway 1,150 SY $ 54.00 $ 62,100.00 203 Clearing and Grubbing, Tree Removal, Stump and Root Removal, Tree Trimming in R.O.M. and Easement Area 1 LS $ 6,878.00 S 6,878.00 Sub Total -Demolition $ 90,348.00 Bridge $trttcture; Abitments, ridge R4' —, and;GuardiRail: Item # Item Quantity- Units Unit Cost Total 300 Bridge Abutments including Piles, Wingwalls, Reinforcement, and all associated components for a complete installation 2 EA $ 47,471.00 S 94,942.00 301 60' X 28' Steel Bridge, Concrete Deck and Structural Steel I EA $ 200 526.00 $ 200,526.00 302 Cement Stabilized Sand 7% In Accordance with Tex- 120-E 270 CY S 388.00 $ 104,760.00 303 Install Metal Beam Guard Fence (Bridge Rail) 120 LF IS 178.00 $ 21,360.00 304 Install Metal Beam Guard Fence (Upstream and Downstream of Bridge) including posts, transitions, and accessories 580 LF $ 48.00 $ 27,840.00 305 Install Concrete Mow Strip along guard rail posts (Refrence TXDOT Detail GF (31) MS-19) 580 LF S 32.00 $ 18,560.00 306 Install Metal Beam Guard Fence End Terminals (SKT) 4 EA $ 4,487.00 S 17,948.00 307 Type R Rock Rip Rap (200lb-2501b), Hand Placed and Non -Grouted (18" Embedment, Complete in Place) including Type 2 Filter Fabric 3:50 SY $ 222.00 $ 77,700.00 308 4" Reinforced Concrete Sloped Paving 200 SY $ 80.00 $ 16,000.00 Sub Total - Bridge Structure, Abutments, Bridge Rail, and Guard Rail $ 579,636.00 Item # Item Quantity Units Unit Cost Total Pavement and Earth•1Vork' a n i - Item # Item Quantity Units Unit Cost Total 400 Earthwork - Embankment and Rough Grading On Place) 350 CY is 32.00 S 11,200.00 401 Earthwork -Finish Grading and Shoulder Up I LS S 11,000.00 S 11,000.00 402 Earthwork - Excavation and ditch and channel grading 925 CY S 22.00 $ 20,350.00 403 6" Lime Stabilization of Subgrade w/ Compaction (Include Cost of Lime & Assume 6a/a by Weight) 1,019 SY S 6.00 S 6,114.00 404 8" Crushed Limestone Base (Flee Base Type 1-2 (TXDOT Item 247� Complete in Place 975 SY $ 18.76 S 18,291.00 405 2" - Type C HMAC, Complete in Place 888 SY $ 154.00 5 136,752.00 Sub Total - Pavement and Earth Work $ 203,707.00 J Contractors Total Bid $ 1,057,139.00 Brazos County Contingency $ 50 000.00 f �� 0 ota101,,,,riount `�-�.�€�•-��• '�^.r�cte �� ��..�.��cc���.fi..�•�a�+..��c�*eraa.-.� �.,� Tame of Co_ p� on'+�Galenclat Da�sJ y �� � � � .`�?� ± ' � . _ f��-�'"��'��-'-'��--� Fes- .�+��-'-,�-�•�70 Vol. � Pg. 38 RFP # CIP 22-643 lack Manning Bridge Replacement Max Points I Texcon IGroup* Texas Mate Available 1 Total Cost including the contingency and addenda 51,039,S05.00 t>i;usira: Points for Cost 40 40 39 2 Completion Time 75 70 Points for Time 15 14.00 15.00 3 Past performance on similar projects of size and scope 10 6 10 4 Overall experience of Project Manager & Superintendent 20 16 20 5 Resource availability 15 15 Technical Proposal Total 100 91 99 * Considered non -responsive due to not submitting proposal in correctly Committee Recommended Award: L" C,4 Ap o by Comm! ioner's u n this day of .2022 by holding the position of lu- �u OBE voi. Pg. J DEPARTMENT Road and Bridge DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT BUDGETED: DOLLAR AMOUNT. ATTACHMENTS: File Name 7/5/2022 BRAZOS COUNTY BRYAN, TEXAS NUMBER: CC 2022 - Utility Permit - Brazos WIFI - Wilcox Lane - 4 crossings and 6,160' of longitudinal line f Consider and take action on the Brazos WIFI utility permit to conduct 4 - 60' road bores and lay 6,160 feet of fiber optic cable for internet services along Wilcox Lane. Sites are located in Precinct 2. Commissioners Court Darrell Kolwes 06/28/2022 False False $0.00 Description Type Utility Permit - Brazos WIFI - Wilcox Lane - Utility Permit- Brazos WIFI - Wilcox Lane -4 4 crossings and 6 160 of longitudinal line for Internet service. -df ncrossings and 6,160' of longitudinal line for Backup Material terne AMO Duane Peters Date County Judge E . ��� Pg. _—��--- NOTIFICATION DF PROP-OSEIV INSTALLA ON AIVIDI®R REP_AiRS - - :.•.,. OF TLLEPHONEYAC 'PIES ANID'ID _ESIGNAbNG :PLACEMENT OF UTILITYIN COUNTY RIGHT -OF WAY. TO: THE COUNTY ENPMEWOF BRAZOS COUNTY, TEXAS :..:..Comes now :: = Brazos WIFI -[company riamej; hereinafter referred to as "Coin an "--a • Texas -`: � state] Co -oration,-with ipthority to transact business in —t exas,"a:'ciing by and: • ,.• - through its duly auihoriied .representative, and hereby:notifies the'County Engineer of its intent to lay, _construct, maintain, repair and/or operate a telephone facility under.over, across and/or along certain County Roads'as shown rin drawings and diagrams attached hereto.and said lo.:cation described as follows: - Four 4 directional bores 60 feet'- Wilcox Lane. Starting at Wilcox Lane -and Blazing Trail travel west on Vililcox for `approx: I800 feet; then 3,055 feet;'S;1 I0 feet and 5,$20 feet::;;Crossing _ .,_ " will i?e'a minimum of 36 inches under the bottom of the ditcli'and a niinirium of 60 iriolies`under the roadway. Directional bore and plow' 1,800 feet from the intersectioii:;of Biazing Trail -and Wilcox -traveling west along Wilcox. Li a and then crossing under and running on the East:side of Wilcox Lane a distance of 4,360 feet • Longitudinal lines will maintain a minimum distance of 3 feet from the right ofway line and be at least Ifeet deep. The location anti description of the proposed installation and appurtenances must be fully sho�vri on detailed drawings attached to this Notification. - • :The Company shall commence actual cQnstructionlwork. in good.:faith. within 60 -days from,the'date of :. .. 'said pernikafid shall corn' lete said construction /work within 180 -. workiri ' da s. COMPANY : VI 9T FILL'IN). f such constr_uctioii-is not begun by the 60th flay; Company will be required to :. provide'a new. notice. .:Company declares that prior to filing'thisiapplicatiori it has ascertained the location of all existing- - = utilities, both aerial and underground, aiid:the fling of ibis application is prima facie evidence that the . - proposed installation will not conf icf: ith any existing utility.". .::A °copy of this notice shall be kept afthe job site any - I e work is: tieing performed. In"the event ofdeviation from this notice, the Brazos County Engineer's Office or -its designated j .representative will be notified as soon as practicable.,_ ---- Approval of -County Engineer's Offiae:may take as long as two• v+reeVs after ccimplete application is _ _. _ received._:. :. _. z •, .j 0 Lli w OD 0 0 BRAZOS COUNTY-ROADWAYSAFiETY-AND ROAD.. - PRESERWAaION STIN .BRAZOS COUNTY RIGHTS OFMAY- - A. General Renuirentents I. Adequate drainage shall be maintained. in ditches:at'all times...:.. 2. Permittee will use best management?practices (`BMP") (EPA and TCEQ both"provide lists' fix* amples of: BMPs) to minimize erosion and sedimentation resulting from the proposed installation. . - 3. The perinittee shall take precautions to avoid* damage to property.,; All -County, Right of Way:and property. shall be restored tri its original cgndition, as far as practical, in the opinion.of the County Engineer or appointed representative.-. 4. The construction and maintenance. of such utility shall not interfere with the property or rights of a prior occupant. .5. Permrttee shall not interfere with other utilities located in the right of way. lii`the dAmages'occuc; .event permittee will be liabl .46 the County or other utilities runningth'rbugh the right of way. : '; . , 6. County Engineer shall; determine whether or.noi pemtittee's platisshall inconvenience the public. If it is determined that inconvenience tq the public exists; then the County Engineer. will decide whether such project will be allowed or if an alternative exists so. as not to. inconvenience.the public. . B. _Safety ReauirentenLc' 1. Proper traffic cotitrol:measures must be put in place prior to beginning rworkiind'remain'in place during:`... the duration of the job:•:All traffc control measures must follow.the.Texas Manual of UnifoririTraffic Control Devices (TMUTCD). See Traffic Control Requirements;below: During- eonstruction; all safety regulations of theTexas Department of Transportation shall be observed. - "" 3. Perrriittce must take:"such'precautioiis:and measures;, includiii ' .lacin and:dis`aa `in safe device§ as g P P Y . g tY , . may be necessary; in °order to safely conduct tlie.p:: lb c throughtbe.project area _-Company.sha11 provide flagmen, signs, signals or devices necessary -to provide complete safety to the public. 4. Adegyate:proVisions most be made:to.cause minimum inconveniences to traffic: and adjacent• property; .;.. owners.. 5. No cable, conduit and/or pole line.'shall be laid, constructed, maintained and/or repaired 5o,agto constitute '.: ; a danger or hazard'of eny kind to persons.or vehicles using such road. Any poies_placed in the Right of ..: '. Wayfor future installation shall be;plriced at the, back:of the R ght.of Way.; :Exceptions may, ...approved: ` :• :.:° by tlie•:Courity, Engineer. C. Traffic Criittra! Pldn 1. A traffic• control plan; pursuant to the:TMUTCD or:Engirieered.Traffic Control Plan.must.be provided-' for, the Followings °.::?; :. : • .. •:.:.:`: .:; a. Ao construction. r.e: it, excavation, hole 'left`Q en overni bt, re 'uires s eci6c nighttime traffic control measures ursuant to the TMUTCD;` : ° . ;- i "b: . If construction is within ten.(10) feet of the roadway; or : c.. °Any"work performed in the road iigEtt-of-way; " 2. .Plan must be attached to the permit and kept at the job site.anyaire work is being•performed:: 3.:- Plan must set forth the time of completion for the job.. •:D. Design Shthdards l . All overhead. installations shall conform to clearance standards of the Texas Department of Transportation, - and'tlte pole be placed in the designated area'for power speciFi A'ds set forth in the Texas Illiliires.Code; &cti6n.781.045. 2. All. pole installation (rocluding'lighting) shall be;placcd at the'b kside of the Right of Wayfo. ensure safety to the public, ..Any pole placed in;"violatiori`of this requirdriient will be required to be moved to the appropriate location at the company's expense. Exceptions mayaie approved by the County.Engineer. 3, All underground installations shall (these are minimum depths"' :utility may place deeper).-'.,.' a. be placed at a minimum depth of:forty-eight (49) inches liei6"vV' a top of the pavement; b. beat least thirty-six (36) inches b'.iow ditch'flow line when;iristailation is within the area measured from tap. of bank to top of bank; ,. c.. be at least forty=eight (48) inches below ditch:flow line -if tdiv pressure gas or petroleum lines.:'For high "pressure gas and petroleum•lines; "see High'Pt:.essure Pipetiries requirements ['isted.beloiv .. ' d. , not be closer'than ten (10) feet from'ihe e'd• •e of avement..Exce fions may apply in ri hts:of way of : a Iess.than 60 feet.... . g P P Y PPY g Y 4. Water Lines: All water lines must be.a minimum'36-inches beld%V,the ditch'fiow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new• developments thM have 60 feet or greater ofright of way shall be installed within designated locations based upon. tiie.type of ritility: The locations: shall be as follows: (measured from > back.of light -of -way):.: .: ....... .Power = 0 to 2 fdet, nominal ly :l'; :..':. :.... Phone — 2 to 4 feet, Gas"- — 4.to 6'feet, nominiiiWs' :. :.. Cable — 6 to 8 feet,. nominally 7' 6. Utilities with less than 60 feet rig ht=of-Way iri all view developments shall install. the utility. in a similar manner.as referenced in No. 3 above;.however, the County Engineer or.its designated representative will rovide- final a �roval of each udli focado'n. .. ;: ,..:; . 7.-.: The lengt4.of any. trench to be opened, in:advance of the pipe, conduit or ducts may not_be loriger..thari 400' .•... . if.left; open over night `or unattended... :: S. Crossitigssunder a dountyroad sEiall: a.: a bored or:jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROADYAV.EIVIENT; b.', be pressure grouted for the.fulf.lerigth of the crossing if the "annular•space between'pipe'and casing and soil exceeds one (1) inch.: Brazos County must be"given 24 Hours, notice of pressure grouting operations and have the a oriuni to have an*in i ctor on: site to observe pressure rgotin* :operations; r,V.. ;S a, i. �1 14 1 It At P. MY -2 V 04 t.f CC V, Uz� 6i.q 1TH ss :d fl �"bt 61.bi 0 DEPARTMENT - Road and Bridge BRAZOS COUNTY BRYAN,TEXAS NUMBER: CC 2022 - Utility Permit - FWP Holdings, LLC - Jack Creek Road - 8,800' of temporary water line DATE OF COURT MEETING: 7/5/2022 ITEM: Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 12" Polyurethane water line within and along the right-of-way of Jack Creek Road a distance of 8,800 feet. Project will provide water to oil well. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 06/28/2022 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Ty.P-. Utz Permit - FWP Holdings LLC - UU14 Permit - FWP Holdings, LLC - Jack Creek Road - Backup Material Jack Creek Road - 8,800' of temporary water line 8 800 of temporary water line.pdf A111R,!! IS�aa. Duane Peters Date County Judge E _ Pg. FOR -WATER UTILITYPERMIT'-..': ..... '- ........ P 'CE ENtOg-A)TILITY 1WCOUNTY IUGH!r 6FVAV 0 TY . ..... THE -COUNTY ENGINEER OF:BRAZ S COUN � _Aoldft: .:.,.:P.dfsuant.to.ffivJckas Utility Codd:.Sect.io�',181-024,,pomd$now -:--.:::.:':F.W - ni9,-LLC-:::, Texas _A1401 Corpo_.ority Texas; ': hereinafterrefd6edtoas.�:!C with atp Ao transact .. du y "authorizedrepresentative;-W .... .. t y:p. ftqpgh iW0 right.to:-- ay, - 'hiieb�:_6Wtibns We C ....piApty ngine; acting b;h 'andvor operate and certain construct; di6si 16j?"iloiigce in:;C.'ounty'.R6idi--,'*�-a--s.. t .maintain, oye shown iMfi*sand i s attached heied4aid.1o6flon des"cribed.as016ikg` Facility .... .. . Road Name' Block 'Crdssing Numbtr Length jDf:,':' : :JYPE ORCONST KuCT.1ON ..,:::..:w(CHECK ONE) Borcd;.;: hck-ed `F��i 11ji- 6 Pirilfcl'C�dtqV Road-Wii� i�Aifii Road Nau*!0d:.!31dck . . .. . . .... .... From 76. 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DATE OF COURT MEETING: 7/5/2022 ITEM: Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Shirley Road 1,600 feet north of Grassbur Road. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 06/29/2022 FISCAL IMPACT. False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Descriptio Utility Permit -Wickson Creek SUD - Utility Permit - Wickson Creek SUD - Shirley Road - Shidey Road - Road bore 1,600' North of Grassbur Rd. Road bore 1 600 North of Grassbur Rd..pdf Type Backup Material lsJa� Duane Peters Date County Judge Vol, pg.__ 'i. it"p - n Q qgp Z�g R ...... 'ITY -AMOMFORMAT MUTIL TERMIV FIA -'UTILITYIN OUNTYI.-RIGHT.-OF WAY.': - DESIGNATING, CEMENTOF _C .0C UNTY EN...... GINEER OF;BPAZOS.COUNT-.Yi-TEXAS-:-.--�-: T i THF ..... . . . .. ..... . .Pursuantx ..'-Co4o, ':t6 Te ::ds.�:Ufifit� .. ... ... .....e...'r".e'."in,.a*'fti.rr6ferr*ed-to as `Company" . _hereby . ... .. ... w'th.-hu'th.A"qty t...:Oirahsacf business in : Texas, .mcdIn by.and :through" itiduIy:i6ih6iuid,iiprosentAtivp, an fiefebypiAiti0h§jh�Co�ntEngineer forthe-right- 6o6Wkf,'maintain, repair_ ,and,/.o perate avater Oe. und er�pv.er;.aq.r.os�.Arlcertain ....Ro a..s as. shown _d h"r6to"a"n"d said lodaticift dkribod. As: i o on draivmgs ... d'diam"ams'attaiphe c.. Hows: .. .. .... ...... . ...... . .... .. .. . .. ... .. . ...... .. . . Cng. .of...:;:`: th . ........... -YPC-Qr CONSTRUCTION_ : Road Numc &'Blo&'Number. rossing (C[IECK:ONE):-::::. -BorW."':: �':::m::w:;.. -Jabk -n D&L :Cmed:. ,!�iSHIRLEYOOAD .. .. .... . .. . .. . ........ .. ... . ... . .. ..... .. .. ,-..';:::;:RO_n`d Name:_'And. Block' Number .. .... . .... . ... .. Distance.::::::::`: . . ........ .. ...... .. 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Jq c.. ; TK17OT Standard Sp ecificatidwitem.476sssal] be followed: for all boring ," j•:. ' g, Boy 'Pits: a. ' no its'shall remain open Iongerahan?'days;. :... .:...:::::•'..: b: .alt.prts shall have,proper traffic control measures: in place.'See Traffc Control Plan IiSted above.;:::;:::; ::.:...c:, :pits'shai(NQT be located }vithtn ten:(10) feet from the edge of pavement without prior Approval from or. his'representative; d.:.. when pits are to: remain open.for more t6n` $:hours; due diligence wiR be used in protecting • ;:•„ :' ':.:• '• ..:...... �. ' . ......:.:.... . ,.. ' : :pole to prevent drainage problems; . . based upgn soil.canditions, the'County;Engineer or,h s repre'Sentative ma . require.shocirigao: irite'grity, u 'on. soil:;conditions;ahe Coun En sneer or his re resentativc ma re uire: its'iie, ..P. further from.'ihe'ed a of road: ] 0. An'`: iristatlatiori ivithin'ten (10) feet •of edge of pavement shall meet the'fol6owing .. a h`s a: .'focaaon must be roved. b ': the Ctiunty.'si' sneer or. :representative:•,`; . :.' . '•::backirwp'd Wit ' cement stabilized material.: ..... • ::..:. .... .:. ...E ... c.:.. based'u n soil canditions;,the Coun n meer.ar his, representative•.m4 : re. uirp'shorkti to Po. • ry E Y q ' :.: ,:.. .... ...... .,; r ,: -, :e eiit:i me 'ri rotect avem n ``,:•;�::�'�••� �i .:.......... d. ": all'excess water:and mud shall, b' removed. from the trenc(i' `'riorao'liacltfill rig :Any i acl:fil! places :' ;:.....:.:... :::.:...:.......:.. ;. g "....:.....' .. durm a rainy;period or at othertiiries:}vhere,cxce s;water.'cannot be;prevented:frgm.entenn the° ;;_,; ,;;°•. :. . •. irench %: ill. ae;considered TEMPORARY and shall, be replaced with PERMANENT cement stabihzed :. .;. rhAtefial as soon as weather 'ermits :` •.; :::.::. --.:; ; : :; .; • . e. all disturbed base Arid' pavement material'sis. a. be removed•`and,restored,to, the 'satisfactiari of '. County.Eng�neer:orhisrepresentatIves side or Iateral tamping to;.fill voids. under the base an,., fiayement rnateriats'is allotiVetl: :11. Company•must be• Careful to not jeopardize ,the slope or integrjty of the shoulder:of the road: ;°[n the evens;;::,;: Company damages the slope, shoulder or an other ort�on of the right=of-way'; Company will be res onsible•for:;rcpatrm�.the dairia� a and re laciq' ihe.;n t-;of,-.way to'the,condition`it wns nor. to .•,:. •,; ,;, ,. , _ commencing construction. ::•':I) ;. O eration.of constrciction ancUo'r. naintenaace,equipmenfon thearaveled surface of an",im ;loved County F ; ... :. road will not be erm�ited ' sites t an an• instance whereb the laying, coistnictiori, matntensnce'and/or ; ' P ,.....: y..., :::" ::'.re Y.. , re air'of cables' 'conduits and/or;� ole,,Bes;cannot be accomplts}�6d: ey anyotlier mefhod:and:in this:event, P,...... ........... . ..... siich'e ui menf;sliall lie'afthe;rubbd :tire vgr,sty''Approprlate'trafticeontrol sfiall be provided :....:..::::::::...: ' .• ::.: .. :'.:.::. meetm TMUT.CR. re u irements......:.:::.:::: ::::::: ::: (3. In tlie:event said ;antllor maintenance:and/or„ epair requires Cgm_pany ao• reriiove'cut or..::; ,construction Jeopardize anyaec'ton'of the road (asphalt, cement, road base, etc ), Company will be required to provide . "a a erformadce bond or.ietter of crelit.securing ;necessary repairs:.:Said' bond.:arriount }vill bc:determined b p .......... III the:Coun E g n r .. :'' :': t}' getter: of"No Objection,:. from'the'Arm Co s of Eklneers:for'aI J,., y rP . : desi nated w etl •a •'nds'ana enfAidnmeM6 • sensitive`lands. ... •'.E1t t► cv iyork� .. ..........E .. :::.:::1..:: In'te event Company: is required id, perform emergency services; that: requires, excavation en. a.County. Ri ht'of Wa ,and unpble to riots the Coun fin sneer rcor g.. ... , y �......:.......... fY :.: tY.....g . '... p ....::to:conducim�, emergency repairs, ompany ........... 7 aEl.R a 44W HIS 2AZZO MOM 4W. Nd 6 a ca I LL 21 F 0 TIFE ul .33: B ar At Sol' t el TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now . WJCKSON CREEK SUD [Corr}parry narlie], hereinafter referred to as "Company" a TEXAS [stale] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a water line under, over, across and/or along certain County Roads as sho%Nm on drawings and diagrams attached hcreto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE Ol7 CONSTRUCTION (CHECK ONE) Bored Jacked Driven Cased RILEY ROAD 60' X X racility to Parallel County Road within Right-Of--wav Road Name and Block Dumber from To Depth Distance CONSTRUCTION TYPE 1" Diameter Wall Thickness 1 Y2" Encasement Pipe Material Specification PVC MaMmum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings: The Company shall commence actual construction/work in good faith within 64 days from the date of said permit and shall complete said construction /work within I working days. (COM'PANY MUST FILL IN). If such construction is not begun by the 60'1' day, Company will be required to apply for a new permit. Company declares that prior to riling this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site anytime work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk: of and indemnify, defend and save harmless. Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by saidd.holder of the aforesaid rights and privileges. Vol. pg.7o� Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY itDESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BFdAZOS COUNTY RIGHTS OF WAY` and incorporated herein for reference.. In the event Company fails to obtain a permit prior to llte Installation ar does riot 111stall utilities ill Compliance with installation requirements set forth herein ri.e. depth, location, etc), Company assumes alhfiltaltchal responsibility for damages and/or destruction of lines, cables, eta based upon itsfailttre to comply Wilt Brazos Count}, requirements Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requislies for Injunctive relief exist and that Brazos County is entitled to relief enjoining any canduct by applicant wvhich is contrary to the policies Tltls permit Is a reparable pertrtit Brazos Couno reserves the right to revoke this permit at anytime, in the sole discretion of Brazos County, for interests of public health, safety or rvehfare, or for failure to repair any damages upon demand, arfor any other reason deemed sttriclent hj+ Brazos nuot. In lire event Compatty falls to comply with Oily OF all of the requireluents as set frtrth herein, the Carroty tuay take such faction as it deerns appropriate to compel compliance. Tire County Englueer further retains the right to revoke this Permit by verbal nolificatialt to theApplicant/Cotnpany. Failure to obtain this pero t and/or trot fy the C011110> Engineer"s Office within .24 hours of beginning construction shall constitute growads for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. KTCKSON QEEK sad? Company Name -- r� Signature Title _9 n BQ 256_ Address $RYAN, TX. 77805 City State Zip _1979) 589-3030 Telephone Number w son wicksoncreek.coni Email: Vol.. pg. �� WATER UTILITY APPROVAL Brazos County offers no objection to the proposed lacatian of the utility in the County right of way as shown by accompanying drawings and notice dated b -a a - d -a except as noted beloxl-: (Month/DayNcer) EXCEPTIONS: V Brazos County r R13"T-0E-my w na > ca 0 go z z z En p > ® M z m 0 p m O cn m - G? 0 0 G7 z tiz p O 9 En --! O t'R � � m m M z tmlJ U) (n m tM— m Z a m vu U m m 4 z Z Q AVWA @-,LH U H I rn _0 2 b U Vol. Pg. 7S >, °. �':�+-: x ye "ss .Ys. �r �r�°. �' �'{�`r=f*L'r +•�j�' w,r, t .. 1 '�`., 'Y ° 'k' ' ':'� # : , ``` 1 ally # .�`r ➢, y � `R Y FrT tv Woo �n � � ✓ Ai - �� • #.� .;.fir a �•'4 i` A � A"�.,.� Y — GI CO #' y, �� ° � , `' �(. ' �' � }' � k♦ ^` ¢ � ,S��.4y'w `=`fir 4 a 0 • x 4 • -' i" J s �,�'" f l 03 tip A. Genera! Reimirernenis 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shalt be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way, In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permiuee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as'not to inconvenience the public. B. - Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plata 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol. 36- Pg. 77 b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Terns Utilities Corte, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see Nigh Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and eased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power 0 to 2 feet, nominally I' Phone — 2 to 4 feet, nominally 3' Gas -- 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations: vol. pg. 79 c. T.xDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling, and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (l 0) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring; to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; c. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "'No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emeree ME work In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol'. Pg. 29 shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Re airs to e- isal arilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocatiotr o, f utilities I . When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. I. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing, 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth T, l2e of Pipeline {below deepest ditch grade) Encased Pipe Less than 10' Encased Pipe Greater than 10' Non -Cased Pipe Less than 10' Non -Cased Pipe Greater than 10' Special Requirements Must be covered with concrete pad at least 36" deep No concrete pad required Must be covered with concrete pad at least 48" deep No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. --� 6. Natural Gas Distribution is a line that serves the final customer. Vol. `� P9• —�= 0321ClA114Ai Altiuli of Ohl. 1M t r`�yPr O rM T.aas (/p +rarl rYWrlu a qp M.- r 1 �3: *Wiled hf1W�l. ;l ascp. r.aui)rq 7 a c T O Q Q d O • MTILIfor to I" or lase 1 1StIV for rnrer 6a mvcff 2twoldtr S)a7utrwr — — — — — __ Srmuim.r a is It smutaar to �$x _ 2n t.r .ner En. ss .pr r a Nmul Wr IMuld.r • R x for so PM or ).as 2a to ca.r sr4ulder ' � � - ac •• �/'� so ath ..._ �ggzcl�gd}.�d �__— - _ . — ..Y.. ,.—...... —.. « . _ lt�ot raY llr eb � � 1—J71�++ g Oft r i Ljj fillC7 qG_C Its81 Cog pot gY .� 9s3 ffi fill Sri N is g M O w I-- T O II S s 9 k&yytt WN af iSo ai3 �yqTs # lS 3 flC4 xs a ss ti14 pt O aO�f�gN NO'fit O s' DEPARTMENT: Road and Bridge BRAZOS COUNTY BRYAN, TEXAS NUMBER: CC 2022 - Utility Permit - Bryan Texas Utilities - Cotrone Dix Lane - 2,345' southwest of FM 50 DATE OF COURT MEETING: 7/5/2022 ITEM: Consider and take action on the Bryan Texas Utilities utility permit to install an underground electrical crossing under Cotrone-Dix Lane 2,345 feet southwest of FM 50. Site is located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 06/29/2022 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type ity Permit - - Texas Utilities - C a Dix Lanene Utility Permit - Bryan Texas Utilities - Cotrone Dix Lane - 2 345 2345 southwest of FM 50.pdf 2,345' southwest of FM 50 Backup Material J &PROA �aa Duane Peters Date County Judge E :�� Pg. �02 ck Number .. Road -%inc 0316 m cr, ... .... It sinp., ros TWE - CONISTRUC..'r10 or .... .. Bbr6d -:hckcd .,:. riven :i;COTRONC-'.Dlx-LN .. .. .. .. ..... .. . ....... . ..... wel .. . . .. ........... .... . .. ....... . . .... .... ... .. . . 131 :.:..::Road ock:.. Number:;�-, . . ... .... . r-rolh, . .. . ....... DdOth i ... stuncc::�., 1777 7: ... .. .. ... C.. A4 ,,v6rk' "erf6rme in c:road -right-6P",k p .. .. .. . ... . ....... . . ... ... .... —7. . ..... .... Plan mbgfbe to the permit and. k' hqjob site anytime work is: eing.perPorhe .......... . "I Plan"dUst soff. o. ,r.i..h...:....... . d...:firhebf C6 lotidlffbt�tbebb..,- .. ..... .. . Oj. . ... .... D. in: .......... . ... Deskii I.,. All x nt:6f-T:' r'an*'Spo'r-'t'a-"t'io:'�:::-:'*: bv6ffiead inka'116tidhi shadl,"6o'n"fibr ... mfo'e eaii� staficlaidi-6fthe Ti iisibibiftmi ah'd*th6'pole in the designated area for powerspecifed asor&iiilh6' Tktds'.`UIIIWqS: 0 el. .be..pla.ce .set - .. . .. . ... . . .. ..... . . ......... Secttort:..... ....... 181.0 ....... . ...... . . .... ... ... . .... . ..... ..... .... ... ... ... . All 0616 insialWid6f" I d' -6ft''"' IPP U. Mg 19 Right side he 'b"lic., sfifqy to el,:: -pu pole: aced in io ation.,ofihis rpqUdfit will -be'r 'ifire'd46b .rem a 6 briat�:Iocatiorvaf ih 601fi expense Exceptions v:the 'Cb*ti#ty P. -, .. the .company's p approved b ....... . ... un er-g'roun'd'ifistAildtions-shdll*(thi��d,ii�:ffiifiim-u'm.�d60th'i�;�,-.,,�tility r)-.:,: All. d MaY .... ........a. placed at hi-m, mum e fortyeightinches below top�qft he q.p g....t..*. 4...8...). .. at [east thirty ;six-:6ind es,.e Qwitch',fl6w:line,wficnnsta dtion.iswithin -the'&a: measure :.from to of. an to too nk , c 61dast forty ts elow:ditc 'd *t- (48) NI�Jinelf low pressure ga's.or'. -p'e.t--role-u'-m-"'li'n'e's':.'-'F ....... .. ...high lihes,`see`: H P P H, ressure _jig ines requirem n listi.d.be. .... . . ... .:res�ure'.,,Ipe e: edge n ay. appi liti:6( w:: a": pAvernent., xqdmvp�..Sm. J Iess: iha'::n-- '6 eti`: e .. ... .. ... . . ....... . . . I sater1inesmi' 4i Pase st-be''a WaterLines::Al w in h: hini: �u:m'h' e. an" -inc 'es, bdl6W'the ditch gow] ....... Waterlines shall-b6"a"se i crossing und :c" under the roadway. ..... Ni . . .. ..... ... .. ... . . ..... . .. ... . .. .. .. Utilitids .... in all new developments have -60 fie fh 11 be ink: within ,WWd designated locations based upodalie type of.O.tiljty..J f6 I&atibhs:sWl be it§.'fqlI6�vsi-(ffi e"a"s"urid frbhji,:�**::j;�,:�i back' of rig tnor-7m ... ... . . .... . ..... ...... . .... . . . . ....... . i . ..... .... fo .8wce.. . . . .......... ... .. nqr2o CCel . Gas Cable "...6.: . .... .. .. .. .. . .. .. ... meats "Ut'ifide's w'jth:less!:;& 66'ree, h t 66 t rig I:nof?�Way In hI[h6iv. clev.6Wffi�ftti -shall install th"e'u'd itvi-pm :,Pd m 4]hp f . y:.} .:r;a x r-, �;. "n n , ,!, - . ! t y t �Y 'tr ; u, int -',max• �"'. 3 's.- r 'Iq�t,.Erx 5 :.. a �, ,. +y I . 4f i r• j l 1 ,f k �h b -. i F a rR ig '` rry-2i n 4 4 S e ', y X.,1,',"1. 7 .�. ,. , . :........ ". ' ' " c..._` TxDQT Staridaid Specificatiaii item 4 76 shali be followed;for al! boring;, jijching; tuiirieling and, joints.;'::; ; ..... . .: ... ... . . .....:: .. ... . ... . 9: Bore'1''i . is . •.. ;. `,,: ' .:.. a. ; no pits shall :remain open loriger,'than 2 days;.::::- :;:' ::: :::: . . . . ........ . .. .. :, %:::...:., . ;:.:' ,b., : ai pits-s}salt,hayc'piopertraffIG1, ontrol'measures in place See Traffic°Control P'lih iisted above:.:::::';:'._:.€:: ; . . . .... . .... ... . . ' c:::.'pits shall 1VOTbe located within ten (10)'feet from the edge if pavement without prior appfavai frame .. . ..:.. . ... .. .:...::....... !., . •. . . •. • • :: •• :�fhe'Coun �Eti'' ineei or. his:re resentative�' t5' .... g ::...:. P. ... . ............. ............ . :.: d.:;wh5en its are to: re .... ..... . ...:...::...':: :, .,. , main o en for more than 8 hours, due iiligence:will be.:used in protecting'the spoil,:>a' ; .,pile to prevent:drainage problems; .. ' e. • ,based upon Soil conditions the Collis Cn ineer:or'his re cesentative ma .re:`uire shorin to' rotect , .., , ...... .. :..: .......... e ;y; a, .:. p avem nt integrity "• f .; !lased upon soil° cotiditions;ahe County`Bn ineer or his rep, ` tatsvc;ina 'e 'uire.'�its.be laced :." . . :> L........... ;further.from'tii'e edge 'ofroad.' '.::.'. .:.' g„ 10. Any:mstatlat�on:within teri (1 U):fect of edge of pavement shall meet.the following:' ...... ... . . :;. n ... ; .. .. .. .. ..... . a., ::location must bi3'appfoved t e Coutity'Eigineer or.his representative :.: :: �..,..,. :. : - b �,b'ackfilled with cement stiibil z d�riietMa' r.:.:::':,:.:.. ::..' ':: F:.t. .�.. i:: : ; , , ' c:° :based upon soll;condittons;.the.Counry Engineer'or his represeiitatve:may re uire shorin 'to., • ::>::;;;'`.' .., protect pavement sntegrity , • -: , :'.. r: .:y .., . :. ..•..;:.. ..• : .: •:. i •:r:: .. •:. -i,, d all excess wales an mud stiall,be removed from the trencli:prior to'bg lifilling.: Any.baakfIII placed r,,'; ;, J :J.!. ::. ..' '. I durmg,a rainy.period'or atother Umes where;excess;watercannot beprevented from entering the.l'L41 , w- :. :.:.;arerich will be,bonsidered TEivIPORARY and shall. be replaced with PERMANENT cement stabilized ' ,' ' 'z 1, rriiii , I , soon.as weather" erirists; � .te r ,,; ,. .III; • e.' :all disturbed:base':ad pavement rriati�rials shall be removed and..res.t to;the satisfaction of the '', '' !';' �' v, County Engineer., or his, representatsves ;..... :. ' -, r,, f no side or:la'te'ral tamping to, f It voids. under tiie' base and, pavement materials ss allowed . 1 .10 ,. ... ,i . . . • . ;.,' 1 ! Com an must kcareful to not jeopardize the slo a of inte ri; .af the shoulder'of the road ;, In the events 1:p Y P g tJ'.. Yt,. 1- �; Company damages t}ie slope, shoulder,or any other portion bf the; right -of way, Company will be ' i J r;11 a res'`bnsib ,a for re airm the dama ` e and re laeiii the 'ri ht of w5 to the eondition'it was rior'to .' i"ik�' }' P ya %I , P g. g p g g Y p , commencing construction.. . ,i . , ....... iI ,.. _- ::�•12.: Operation;af construction a, ''M r;jn; nti nance equi mint on the,iraveled surface of.ar' ' ii "' roved C ' " 1.., r .,,.,,.,-,.;r•.;.. :a 1..,,p .; ,.;,.. 1L 1 ; , roiidiwill notaie" ermstted'exce 't•in an instance wheceb"`.tbeaa` in 'constructs a tenance andlor„ .•. :.:'_ repair ofcabl' conduits and/orpole lines cannot;be accoinptished: by;'any other.metha land in this'event .n i,.'.'i:: :. :.. .. .:. J ,.1 A 1F ,M.! .; aU such"equipment shall lie of the rubber tine vaftery.:. Approp gq traffic control,shall, be provided ak : '. iy I' •• �: ...,.. meeting TMUTCD requirements:. - .. .. . ..,..., , ... :..:.............' . :.: .. . • `'' i` , !°3: In.the ei!ent said.constNction aiid/bi.mdintesiance:and/or re • air!re wires:Com • an` .tb remove 'ctit or:.:. ` :. ;, P..:.:.. q.. P.; Y......:...: .. , . :...: L..,•..' ::...:'.. . :: , .. :.:::: :. , : •.jeopaicd�ze anysection:ofthe road (asphalt, cement,'I .. ba5e,;etc:j, Company:will:be required to provide ; j i- a performance.[iond;;or fetter of cidit securing necessary repairs.,,Said bond amount wtll.be determined by..,::: ,.s ..... the County Engineer „{4 r 11,,, ... Y.......... - .... _...... .......... . . ..... .......... .. ...... ...... ... ... '.^JIB �.:� ; �..: •.. :•::::':1.4. Then !scant, sha. A mit a Letter;;' No .b ection .. From the Aim Cor s of:En tneers fof'all '' ��ti: � - PP-. .. yl,:r:r.,. .:..ry.: ..:,.. ....... __ ..... .. .,:. .. ... .. „. :S, ry�fl,: 1.......:::... Y . p ...... • - •. " • • • :,designated wetlands and environmentally sehsstive•lands: ` .; ...:..f.: ..... .. .. .. ...,. �:. ..!'� .. ., .. ..... ,i. ,i,:' ..... .... .. .. . - ... ... �..,..... .. .. ....:. . :..�. ... .. .. ... ... ..:. ...;. ... , .. . ., . .. :...::::::; �':::;:En r i ie Pe �cu woirk :. ... :.:.. . :.............y ":;!."...: . ...... ;.......,....... . . :.. h ,:::.:...,... .. ,; ::.' y. ::.,. . .. :: • . .. t' . ... .. .. " .:;.w�. , '..••...._..- :. ... Sri:: •::' ::'.. "•,'•:: •, -:.. •...::::. '.. .the;ev. Company is required co perform emergency services, , avrequireres:excavation in.a;'County Right'af Way, and unable to notify.the County En�ineer`prior to conducting emergency repairs, Cocripatiy ....: t.. .. .. .. .. .. •,,.. ......I ,. ... . .. ... . ..... .. .. .... .. :.. . ". ........... .. . .. ....... ::: ......... . .........:.:...... ............. o�::':'3 ", . . ................. . ... t. .t eL. t* "FPy 1," ;^ ^ ^•,4 t .`a.::;l• r1.': _ v ..:P_� t _ ,^. , 1 WI r I .. �" ,t..,- :a.. r_.47?.5 4':a.. .... ft .-'a,,N`,t`+1 t K: f..1"';; A':Yn.,..•vla ...lm'la°scr +. r..-,Laz1. ?.. i e-.....:. ,-T�-d:v- .?,^E.22,Z.'•e�_...TG.., 7.,r Y.C,` .... .mVY_4 . a,1,1 ,J'kt1!A . I 1.... i+D;deYhi.-:..,_s _ ... _. I - , .'.".AT I��.' ", . ,,.1.j?�.i,.,;��'.l,.,..v '�,.1 qjv ,,.....q :�" .,.'.�,-�",."Y-. eT�.-�--t',4. M 11,A. 3 !l,-ri . h1 .� , ,,-F� l. ��; —Ai,.-,I�".'-z..,.,-t "1+"...Z1-.1�. l�: Iid..`�..... ,0.1 �., �.�,.. �,:..t.— ,4. t ,...T . . . . ,`.�.t� I f�:.. .:. �.&II. , n" �,.,i",ziZ� ,�..;.. �-11, 'e1.� �.l�-�:';:".:. J1�t�..��":. -p.L,i, "K,"-l- ��-t q�1,fJN , 4' e�.. . _.,,�.. - , 'l!, i'",U.tv�":. ' , I,.l!,Z..,....-- "1r,.x1 . _-... ...,,S ..;-'iV1,I: - ." I.�.. .' . , ,�1,-i,"�. ,.-.R �I- .I .. . t :1.::.. .. . . :,!; .-. ..... . .. . ._: . I ,1 ' ' , . shill notifyCounty Engineer:�iih6'24-ho6rsOfb6inniig �bsttdtiohpa*rs.:l.s will al16W'the :-!l .....,.., : %:I:.1.;..1.:l..*.i:!: .I.1.. :.....t...t:.,..:.:..._..,: .;....:._61.:.*:.*.i"�..:.:..�. .:... ....l...:;":::_*.:.. ...:...,.:'...,.,.::.. i:'.. :,Ii_....l.:.,:-. ..'........:;. :.-.:..:.;�. .�..,-....Ll..� .'....;..; .:..' t.....i'�1:!!., .I�*t-:;.";:.:..:,.. I...: '::...:t:�'::I::-"::,':.. l;:.......:., ..,.".�.�:*,.::.,�.:�,�. lIi:..:,...i,. .':', i. :Codfiy*Engind6rs.. ...-::* .� ' bi—ce.anopportu .ty to lnsp�qt'tfie site to ensure the of thp-d%04ry. Right f .....:t..1...1;...-. .....1.*:..:.-:.I.._��...;.-- .:..,.....,�,. :::, .: Wi�4*irOtraffic safe controls ukd ty,. : .*-..:.:".... .:.'..�1:......:. . .: . . . .. , :. .,�... ''... ..�...1l::ll::.:l.l I—:1.!I ; ... ..:.- l'11:`F ...ffegalpi.40Mslfii..:.:,.. :.-1...t...; ::I. ., .1-....�...:--.1.... 1I:.,. ::It::%l. . '.- ',;;� ..ff:�.: .. *:,i.��,�,;"...,! :: -1.1 t.::::::; .- 1 . ::��,!"..Main:ft�ance.andbi.iepak All:,,-"-'::,",..: :� to eXis-ing:6abIes'666J'O; and/or: 6kli . Whid:*., .....�.ns h,f&4uii6dist' , nce.6fAhe:�� L.. ":.%�1I.:.._.... ..:: .. :. ::: ;...I.- ,1....',.'.i.., ., :::;11: -::,:1,':,:l t"��..'_:,::::::.'::.;:....::1,."", :.,.. ....�:. . roves ''"�_._" ,,shall not'Ije 6�66iihed fitiIpbfts'd9ceibipg.sppIipq.pienancean or0.ri6ave_ �eeprp �d 6:_,.%:. 1.�.".:,.-. ,_e._...I.�; ..0:,',;.....;�_.'.i. :..the County Engific6ebr.JlsdesigfihtCd representative apertt.as6een-6biiiid,;�:;-i: . ..,:.:::. :.. :.".I.: 5, ' . ...... .: ' I"-",,- .,.' .; : Relo&d �6&616J�:::�-.: .::.;,:.:::�lC. .,., ..._ :-,.. .. , ,*`& ," ....... :_ .. "..:iii..:,, � : .:. j i:. ,1.--; :: *.....�...,:.:!.:'::I.�WWn and.iFtliqtp66. Ehjii eiei�in�s that,,it is'decessar.forthe'constii�ti6hrdpii�,"mproemet,,-:::- ::-..: :..,,.. . p. . Uy poft.on oesaid ihili poles, wiei,�pipes, ca cables prptl"i iii4ii on or redH6ft AII'drah ; , .::.:t :,.. .>:.;,i,...a...�:j. *I:: ,..,L'.....i: pR,.:6r ilitand dOopft&ahces authorized6 hereunder�,shall*be,iimbved �om $414roa; 0r:rese:'pr.'ef66ated ,....- !. ,iied ,: !�t��,." * " t4FTIK914:a� equire. Wihe.toun!y;pgincer within a reasonable determinedd6ytidN0U. ::.: !� �:..O- ... an TOtifty: ompapa at the UtilifY0 apy .:" ..... ,. :j:.,triOnee6 l, :..-: -- :.�,..: .1: 1 ,7:..:::. .. :.* ......... ; ; I..1, ,. ::"� . :. ,' .;,... ., - - .. . . . . _ I .::.::. . :-l:.' :11 ... .... - .. H. :: High i XbMfids� ' ' ' ' * . .:: It M... . .. I . . .. . ,:,_-i�`, .141 . ;7:::.* I .... . ... . I --- z-::. .:. I . Jiit:%`:Sj�:��,- :. ;'-.`.`-,. -,::. - ..::. - - Tiiffi "..." ** . : .: 1:, : ::; I . . . . ll:,:� I ..: . - . ., :* , I.: I I . :.: % !;,:.. :; . .. _.: . : 1, -�,�'-L.;-::": ,:;..':. S�.,.t.P:l�::'_:: .i-;:,. ", :.. - "-.-,:.,::.:' . :1.z.1,;l:�. 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I.,io , , .., - - .. ... ..:.:: :.;,:.: .:. it . , '. , . , J , .1.1. Ll 1� . _�,.-.. --:_..::.:.:.:jjV!!; l- .. I . . . ... . .. 1, : ,:...,.��;:".. ... ': )� ... :,;::, .. .... I : .: ),::,�:j:,:�.�)qt,, ,:...... . .. ;' ' ' controlled access or access "I � - -con r :non-�contrb einstallations;,,gh66I&6 ritain the16116win , itiona' - I ra -- t . ", .j , : �:::;!�i:��'_ Awyl... I "— ., I j;?. 1, : .:1 " ,-_.,.,-, j,j_;�;�..-A%,..�:W.!�o:.......:"-,::�'t.,,:�,i"...I.z'.,.,..., :t:,:��,%,:;.-.- -:8 . ....... .. :- , .: . . . . . . -j.,.,..,.,:!, - ... .. ... :. .. I...... :,.::;.;! -,�::. ".: � , ,:.-!:,t:; t�,�l . * . . : 1,::!!:: .: - . I I i:.. .1 .:. .*.:!.:. .!F:.;:;,:.:, . .:;: " . , . .. .... I .. _ ifil le o,.t.,e.p'Op,it . !, . , __.. 117i�, 1. k!. * . '; 1. . �'.Z. 1, - . .. 1: �'i.:`. .:inf6,e,ffi&ibn' . .;:.::: .. � I . .. 6 I '.. . �;1111.i 11 11 I., _ " , . , . .." , . .. 1. ... ...".t�..., 1. . I . . ... I , .:.:.. 'r . ....: ..... .. . Wl . :.: I .:..l,. 1. ...,:.. I � .. i.13.1111, .. . , . .. ... 1. I I � :::.,::: ! 1...... -.,.6;Nato IT- -; :- � ..,.. p-.....I,.1......e. L::�.::.;.i.,.....:.,css.,...h�...:1.1�.,......a'..'..:.-,..-;**::.-:t::..,.ir'_!1.... ....;_1.:.I:.�,.— ....-:....t..: ,...... .... ... -:::i�.112.:;_I:...: ;.i.!_I.. �Ii_,, . .::M.... ::....l..!... ...u.$.-.�.,1I. t...b.::..O:.:,_-j::-::;I� ,:l;:: 0!'"0;.:.l:�;:.e ..- .t.-''%.::.� e,..i.!.. d..:_..'N.w... .:..�..:!;._...1.i.,:.thI.!:.::.'::i'.. ..6_.��; d.x..,t.. fi:_1:::'.:;::.:II i..!�.:..; !:.,',.i::;.�..:: e !t�:,::`:.� ..,:_:. ..:..'', .-.:�.' .lp "P"":.,d.j�4tort dnROCOncr�ie�-adr6qu.red..::!:...o, -4PT '.'Lds§—thahT.I_:1: , • . .* ..: Must .beicovereiwith do:ndreto., . ,,.:. ::.. sed,0ip:::_rr64t6r.than:.Io, :_ Noconq*ete'pad,'e' wired ;%_-:p:1:..... ... *i*i;:r.,rq : ........... .:..: .... ... ... _'..;...... e:pad 61i:fi .n;mum,.ot 37 thick ind Width shallb:4lk dlametor:!plus;i8" " r ...1... I .'.'.' .: �9.;c!F..mstdhdOwill d.oioelifie'b6:insihiled*odralleI to,iCountyRoad,jwjthIdth ransmi§st6n nes4aV4:Vp�#�ptenhifieajd;bepd,i IgMp:. ",_, ii,i,..,:�"..,,,. urn' i( idhihdluin- 0)ii..ghill Ofbp,p F4ji jt -a,0ou` Road: '�,,_:-• , I--- - t,::. ' 1. r: . . : : ,::,:::V�4:. "j"es.'Dis'i:r�ibdti"on"tsa"ltn"e,"ihit:sei,vds-th�:'rtniiI dust6rhde:':;:�:: ,� :! - , I .. . . .. :-:::- - : : z: 1111* . -1 customer %.. .. . . I . : I.; . : . .:.:.:., . .... . % . .:;:: ;!:: - .. , . . .; . .,. .:., .: .. ..:: . ... .. . .. :.:;:: -:: :t: :::; ... .. ;.- - . . :. . - '... . . .. . . ;: . .. .. .1 t ::- I.% . � . .: . . .:. *. . ;: ... . -:.:.. �:::;::; -:; - - - . ... .: ..... .. ..... . --- - - - � - - ... .. - - .. - - . ..... � - - .�i �%;�' I . .. !_ � .., - ,�..! ,):�. . " .: " '-*;'.,':_,i, :,.., � " �,.: . .,..:...,J'l,' * , •� - I . .. - '. . .1, ��": %. �:- '. � . .... .. , I;. - L. :-, � j,e ,�- -! ;. � r_- :.` , .: ., �,�`&',��- -',,.: �',:.v, �,35,:�-- "..1 �� ,,!.!, ...... ,:,.,;�': i,;.� ,.-� -., - : : :. , '. , -':,,.:.::. .:,;,.. _',-,-.,i`, :..'-�'�'��.!d,i,.:,;���"i,::�:, ;�.: ::. -, ,���.,.��-.!;:",.--��,."�.?, _ _. ��!.;% ,U�,.:."* :., . - _:; ,.,i.,,t. ,., . , - -.,.: . . '. . it . , - , - " -- , . I ;:��-'14MItt "I.:�. I .- . li� � , - . I ,,� ; -i:11 ,,,, �,e,. I .,. �_ . . � , " I f,l-t " .. ; . . ,t�4 1 C_� . W:". ._l:.. ,�.-:r�eP,-,,�t`.,�:;-- :_ - - ---...-- �;. : , , - - - 4 ..: , , - . _e . . '. � - .. �,[ " ,4 �,��4�,Vi�l* , ��, . ... ....... . . . . .:. *. . . . 1 . ;_Lj j . . .. . . .. . . :,: : : : , :' .- .:;, .,i!e, . .,,, A '; 41 ...... ast t:8- C 4'� *e lll . le��.' 'l",... i ....... :z:! .'�'iim:,: ...":. - " ".... . .., . lnft.':: i;!:�- ..; �. , . -.":: .... :R�94t..i .:w :.:::'' �.)f.�::,:.:;:!�.:,�::;�. , . . ..... ,;. 9. . ..,. Ies:haturaI:, .-:.:,,-- ::7 .,.. ... ..,.,::.. .... .. . . . ...:. ;:.;:;.. : 7:1.. 'S ::, . .... .. . . . . . . .. . . . . . . - .1 ."..... It. . . :..,,..... _.. . , . ... ..; I,.. TY,l ...... .. ... 1. I—— ... - I . .... :. " 6,�, , .%.: I . I'll"... lt 1-: ....... l-..-.. . <':..,. ..... 1, . � • ..:....... , i!. ! . : .. .. . . . . . . I , . . . ::.. - . . . . . . . �. . . . . . . I . . . . . . .. : . . . . . . I . . . . %. . . . . . .. .. :.t . ." ... 771 Fg Its Us pis BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2022 Final Plat of Mirza Subdivision DATE OF COURT MEETING: 7/5/2022 ITEM: Approval of the Final Plat of Mirza Subdivision Block 1, Lot 1 and Right of Way Dedication being 5.293 Acres out of the Alexander de la Garza Survey, A-18; Brazos County, Texas. Site is located in Precinct 4. TO: Commissioners Court FROM: Karen Tyler DATE: 06/27/2022 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Mirza Subd Plat -Application slgned.odf Application for Development Backup Material Final Plat-Mirza Subd 06-2022,odf Plat Backup Material APPRO Duane Peters Date County Judge pg. Vol.°`S 1� Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979)'822-2127 Fax, (979 775-0456 Email: olats@brazoscountytx.gov PLAT APPLICATION SUBJECT --•• •- • APPLICATION DATE *:12/09/2021 RESUBMiTTAL: ❑ YES © NO PROJECT! SUBDIVISION NAME: MirZa Subdivision PROJECT ADDRESS OR LOCATION:5559 STEEL STORE RD TX LEGAL DESCRIPTION: A001800, ALEX DE LA GARZA, TRACT 16 IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS:1 TOTAL ACREAGE :5.0 JURISDICTION: ❑ CITY LIMITS ❑ ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs Notification of Application completeness will be given within 10 days of Application date. Ail Incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. •1.• IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES X NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based 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, D• - • WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES 0 NO is [Carnmalastal P • COUNTY ENGINEER ❑ ADOBE (.pdf file) ❑ AutoCAD (.dwg file) (Email To: plats@brazoscountytx.gov) 911 ADDRESSING ❑ ADOBE (.pdf file) ❑ AutoOAD (.dwg file) (Email To: g)si brazoscaunlvtx.aov) e •' • Vol, 3�Os pg.. APPLICANT INFORMATION (Same as Owner) FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX EMAIL: - PROPERTY OWNER INFORMATION FIRM NAME: Estate of Leonard L. Scarcella CONTACT:Sylvia Baig Mirza, Independent Executor ADDRESS:2277 South Main cITY:Stafford STATE: TX ZIP:77477 PHONE:281-413-8904 FAX: EMAIL: SBM57@aol.com ENGINEER INFORMATION FIRM NAME: J4 Engineering CONTACT, Glenn Jones ADDRESS:P.O Box 5192 CITY: Bryan STATE: TX ZIP: 77805 PHONE: (979)_739-0567 FAX: EMAIL: gjonez@j4engineering.com SURVEYOR INFORMATION FIRM NAME: Kerr Surveying, LLC CONTACT: Nathan Kerr ADDRESS:409 N. Texas Ave CITY: Bryan STATE: TX ZIP:77803 PHONE: 979-268-3195 FAX: EMAIL: nathan@kerrsurveying.net OTHER INFORMATION FIRM NAME: CONTACT: ADDRESS: I Crry: STATE: ZIP: PHONE: Fes' EMAIL: fw'sm,r''�PROPERTYOWNERCONSEN7/:AGENT,4UTHORIZATION E J�(PS Pg. 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 rate, and' ' understood that I agree to the DevelopmenUSubdivislon of this property. ATU ' '� oL r PRINTED NAME. Sylvia Baig MI2a DATE j. �j v� SIGNATURE: - PRINTED NAME DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings In accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recbmmendations regarding this Apprication, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. DATE APPLICATION RECEIVED: -/ I / I DATE APPLICATION RECEIVED / REJECTED: ! % / 11 SIGNATURE: I SIGNATURE: I Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): ❑ Three (3) hard copies to Brazos County * One (1) .pdf copy to Brazos County O One (1) .dwg copy to Brazos County 9 One (1) hard copy to Brazos County Health District I< One (1) hard copy to Brazos County 911 M 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): IS Letter from Brazos County Health District - For On -site sewage evaluation. 19 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. pg. �. B• �1 11s Ills �a''ti °Ia, ty + 8i' as$i+ �i3• 14h III III iia g3 apig �i -gog�g i is B ° 9 lac MO fad� ii l �a,r� 1 ° � till I i Ell aoU e 10 HI Kristeen Roe, CTA, PCC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 06/28/2022 REQUESTOR S DHUKA LLC ADDRESS . 3800 S COLLEGE AVE BRYAN TX 77801 OWNER NAME S DHUKA PROP ID# • . 114735 REFUND AMOUNT 53.00 REQUESTOR TORRES ELSA VEGA ADDRESS . 4104 OLD HEARNE RD # 12 BRYAN TX 77803 OWNER NAME TORRES ELSA VEGA & VICTOR RAMIREZ ARELLANO PROP ID • . 85889 REFUND AMOUNT f6.40 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR REFUND AMOUNT FVol.7 3 pg.! APPLICATION FOR TAX REFUND - Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS S DHUKA LLC 3800 S COLLEGE AVE BRYAN TX 77801-4517 PROPERTY DESCRIPTION Legal: EDELWEISS GARTENS PH 4, BLOCK 9, LOTS Address: 3720 OLDENBURG LN , Account# 114735 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD TAX PAYMENT.INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid ZREFUND 2021 06/10/2022 $3270.88 Taxpayer's reAson for refund: OP -Overpayment REFUND TO: S DHUKA LLC . 3800 S COLLEGE AVE BRYAN TX 77801-4517 Refund Amount Requested $53.00 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct." Signature I Phone # �It6"l� Date Email Address if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION �Iafund is]Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Vol. pg. �g TAX RECEIPT 06110/202204:00PM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 ' PAID BY: S DHUKA LLC 3800 S COLLEGE AVE BRYAN, TX 77801-•4517 Receipt Number 3154386 Date Posted 05110/2022 Payment Type P Payment Code Over/Refund Total Paid $3,270.88 Property 1D Geo Legal Acres Owner Name and Address 114735 _ 244030-0409-0060 0.0000 _ S DHUKA LLC 3800 S COLLEGE AVE Legal Description BRYAN,, TX 778014517 EDELWEISS GARTENS PH 4, BLOCK 9, LOT 6 Situs DBA N_a_me 3720 OLDENBURG LN , Entity Year Rate Taxable Value Stint # Void Original Tax Discnts ' F&1 Ai Fees Overage Amount Pd Z REFUND ENTITY 2021 ' 0.00600 0 145499 N 53.00 0.00 0.00 0.00 0.00 53.00 BRAZOS COUNTY 2021 0.49350 286.806 111874 N 707.89 0.00 0.00 0.00 0.00 707.89 CITY OF COLL STAT. 2021 0.53462 256,886 111874 N 766.87 0.00 0.00 0.00 0.00 766.87 COLLEGE STATION ISD 2021 1.21520 288,886 111874 N 1,743.12 10.00 0.00 0.00 0.00 1.743.12 3,270.88 Balance Due As Of 0611012022: •63.00 Tender Details Description Amount Check 1105 3270.88 3270.88 Operator Batch - - Total Paid tmoore 41605 (06/10120221Mj 3,270.88 Page: 1 Receipt issued in Accordance with SecUon 31.075 of the Texas Property Tax Code n,,, p b1. Vol. ��� Pg. / APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court. Bryan, Texas 77802 Ph. 979-77S-9930 OWNER'S NAME AND ADDRESS TORRES ELSA VEGA & VICTOR RAMIREZ ARELLANO 4104 OLD HEARNE RD TRLR 12 BRYAN TX 77803-0600 Collecting Tax for. (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: WOODVILLE NORTH, SPACE 12, SER# 1480166819, HUD#TEX0177623 4I04 Ol"D HEARNE RD 12, Account # 85889 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid ZREFUND 2021 12/09/2021 $130.35 Taxpayer's reason for refund: OP -Overpayment REFUND TO: TORRES ELSA VEGA & VICTOR RAMIREZ ARELLANO 4104OLD HEARNE RD TRLR 12 BRYAN TX 77803-0600 Refund Amount Requested $16.40 Sign below and return form to the Brazos County Tax Office. "1 hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct." Phone # Email Address If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state Jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION =IIZAPp ed [ ]Disapproved Authorized Officer Signature -715/aa. Date Authorized Officer of taxing unit for refund applications over amount required under Section 3L11 Tax Code Authorized Officer Signature Date VOL Pg. TAX RECEIPT 06/27/2022 03:31PM KRISTEEN ROE, CTA PH# (979) 775-9930• BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY- TORRES ELSA VEGA & VICTOR RAMIREZ ARELLANO 4104 OLD HEARNE RD TRLR 12 BRYAN, TX 77803-0600 Receipt Numliei 3088538 Date Posted 12/07/2021 Payment Type P Payment Code bvertRefund Total Paid $130.35 Property. ID Legal Acres Owner Name and.Address _ 85889 _'Geo 7020184C 00-0332 0.0000 TORRES ELSA VEGA & VICTOR RAMIRE _'. 4104 OLD HEARNE RD Legal Description TRLR 12 WOODMLLE NORTH, SPACE 12, SER# 1480166819, HUD#TEX017762: • ' BRYAN, TX 77803-0600 Situs DBA Name 4104 OLD HEARNE RD t2, Entity Year, Rate %xable_Value. Stmt# Void-O_rlglna1Tax Discnts P&I Att_Fees O_verage.Amo_untPd Z REFUND ENTITY 2021 0.00000 . 0 144417 ' A 16AD _ _y 6.00 " U.OD 0.00 v 0.00 16.40 BRA70S COUNTY 2021 0.49350 4.850 129391 N 23.94 0.00 0.00 0.00 0.00 23.94 CITY OF BRYAN 2021 '0.62900 4,850 129391 N 30.51 0.00 0.00 0.00 0.00 30.51 BRYAN ISD 2021 1.22680 4,850 129391 N 59.50 0.00 0.00 0.00 0.00 59.50 130.35 Balance Due As Of 12107/2021: 4GA0 Tender - Details,' Description Amount Credit Card CC XX-2016 Conv.Charge 0.00 130.36 130.35 Vol. S Pg. L Operator Batch - , _ _ Total Paid. tmcore 38729 (12/09/2021-Jetpay-TM) 130.35 Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax'Code nv.w�ea m BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2021-2022 BUDGET YEAR NO.21/22 38.1- 38.11 On this the 5th day of July 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 5th day of July 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 5th day of Atly 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. 3�s Pg. � BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 38.1 7/5/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE 2020 Certificates of Obligation Facilities Services - Building Capital Outlay Expenditure 3,825.42 2020 Certificates of Obligation Facilities Services - Building Repairs and Maintenance Expenditure 3,825.42 Facilities Services - Building To reallocate funds to correct a purchase order coded to the wrong account. Mix- P2r°yal 1.:..,�-Date. s;;..�,� Vol. s Pg. /9.3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 38.2 7►AM97 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Road & Bridge Departmental Support Expenditure 1,247,300.00 General Fund Road & Bride Repairs and Maintenance Expenditure 225,000.00 General Fund Road & Bridge Capital Outlay Expenditure 300,000.00 General Fund Road & Bridge Capital Outlay Expenditure 1,772,300.00 Road and Bridge To reallocate funds to accommodate capital project cost increases Pg Vol. .. /� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 38.3 7/5/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Road & Bridge Capital Outlay Expenditure 50,000.00 General Fund Road & Bride Repairs and Maintenance Expenditure 50,000.00 Road and Bridge To reallocate funds to accommodate capital project cost increases s P`` F a + Courifyr Jtidg Approval s - k Date E . S S_ pg. - z2L- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 38.4 7/5/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Court Support Costs Professional Services Expenditure 58,000.00 General Fund Court Support Costs Contractual Services Expenditure 58,000.00 Court Support Costs To reallocate funds to cover the DPS Contract for substance and blood analysis for the remainder of FY 2022 �• w 2a '; £ " * �•t".ifiFr a .43;sli�.n-- ' .��E`6 ' famomaCOurity Juil9e Pal p .a� x= '3 D EVq1.. �S Pg. � BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 38.5 7/5/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Commissioners' Court - Non capital County Auditor - Non Capital Departmental Support Expenditure 200,000.00 Commissioners' Court - Non Capital CounV Auditor - Non Capital Contractual Services Expenditure 200,000.00 County Auditor - Non Capital To reallocate finding for additional consulting services for Oracle support. Vol. Pg. 107 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 38.6 7/5/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Risk Mang ement Contractual Services Expenditure 1.765.00 General Fund Risk Management De artmental Support Ex endiMm 1,765.00 Risk Management To reallocate funds for training to allow the Safety Coordinator to become a driving instructor. 'Vol._ �� Pg. /D g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 38.7 71512n22 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund Texas Indigent Defence Commission Grant Intergovernmental Revenue 1,859,900.00 Grant Fund Texas Indigent Defence Commission Grant Salary and Wages Expenditure 422,000.00 Grant Fund Texas Indigent Defence Commission Grant Benefits Expenditure I95,700.00 Grant Fund Texas Indigent Defence Commission Grant Departmental Support Expenditure 103,360.00 Grant Fund Texas indigent Defence Commission Grant Repairs and Maintenance Expenditure 300.00 Grant Fund Texas Indigent Defence Commission Grant Departmental Support Expenditure 1,138,540.00 Texas Indigent Defense Commission Grant To recognize revenue and setup an expenditure budget for grant funding to form a Public Defender's Office. Texas Indigent Defense Commission has awarded Brazos County a 2 year grant to create a public defender's office to deal with the backlog created by COVID-19. Estimated various start dates for staff in year 1. Leftremainder not budgeted in year one in contingency for monitoring and year two. *--- _7I vFourity Ju�CgBPrd`v`al {'gyp==Y;$Date m} Val. S2 � pg.= BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 38.8 7/5/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 4,400.00 General Fund Other Financing Uses Expenditure 4,400.00 Commissioners' Court - Non Capital Other Financing Sources Revenue 4,400.00 Commissioners' Court -Non Capital Heavy Fleet Shop Non Capital Professional Services Expenditure 4,400.00 Heavy Fleet Non Capital To reallocate funding for the design, construction administration, and bidding administration for the rusted beams at the Heavy Fleet Shop. . GoUnty Judge=APpro_va! Date a, Vol. S Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 38.9 7/5/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 67,000.00 General Fund Sheriffs Office Repairs and Maintenance Expenditure 67,000.00 Sheriff's Office To reallocate funding to cover increased fuel costs for the Sheriffs Office .Cou6 JuilSe, AEP., al Vol.. 3b.5-=-ZL- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 38.10 7/5/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund TJJD - GmntR- Regionalization Intergovemmental Revenue 857.32 Grant Fund TJJD - Grant R - Regionalization Conuwtuat Services)Expenditure 857.32 TJJD - Grant R Regionalization To recognize additional funding from the Texas Juvenile Justice Division for Grant R. 4�,,.�t`�'�;-�Loutly J dAP►n . � ��`'' r�`pate ~�:, t� Vol, Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 38.11 7/5/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund TJJD - SA Basic Probation Intergovernmental Revenue 1,112.40 Grant Fund TJJD - Pre & Post Adjudication - Detention Departmental Support Expenditure 1,112AO TJJD State Adid To recognize additional funding from the Texas Juvenile Justice Division for State Aid _ .:....l,:xaeli 0 r my JudjdTAPftval <Date Vo(L-� Pg. , , PERSONNEL CHANGE OF STATUS -REQUESTS Commissioner Court Date: 07-05-2022 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 Human Resources Information Technology Doucet, Paula Mendez, Mary Sissamis, Frances Adams, Amanda Juvenile Services Administration Community Based Road and Bridge Correa, Itzel DeJesus, John Approved in Commissioners' Court: 07-05-2022 : County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Vol. Pg. /� Personnel Change of Status ( Jun 30, 2022 ) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 07-05-2022 Human Resources Consider and Take Action on Change Employment fa> r pepartm3eName f r ' p13Ne. Information Technology - Administration Adair, William Juvenile Services - Residential Mental Hill, Daphne Juvenile Services - Detention Mcdade, Sesley* Cv i r t '� s, ii� .'�'+R.yesit n }f�"11.",f,(;{;a �� •� f.���z ,?Seri rt Separations Deg atmen Nahre =.4' Emp1oyee` ame Tax Assessor - Collector - Arriola Lopez, Ana Administration Tau Assessor - Collector - Garda, Maria Administration Sheriff Office - Jail Administration Henry, Clarence Sheriff Office - Jail Administration Juarez, Mary R d" �s 41 Approved in Commissioners' Court: 07-05-201K County Judge's or Commissioner's Signature: ED "Wft (This Copy to be attached to minutes) Vol. Pg. /��