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2022-07-26 10:00AM REGULAR SESSION
y FILED FGR F*7CORD D3 kTE REN WMEEN CRK By 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 26, 2022 AT 10:00 AM IN THE COMMISSIONER'S COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COMBRAZOS000NTYTX Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Ford 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions • Presentation on the Brazos County Medical Examiner's Office Needs Assessment by Chris Knorr from SmithGroup. Consider and take action on agenda items: 4 - 25 4. Order 22-022 to retain and acquire the legal counsel and the professional services of the law firm of West, Webb, Allbritton --and Gentry, PC for I ntergovemmental Transfer of Real Estate. - 5. Order 227023 to retain and acquire the legal counsel and the professional services of the law firm of West, Webb, Allbritton and Gentry, PC for real estate transactions and research. 6. Request approval to expend $1,000,000 budgeted in the transfer toHealth and Life Fund in fiscal year 2021-2022 for Other Post Employment Benefits. The funds will be transferred to the OPEB trust managed by Public Financial Management and be invested; principal and earnings to benefit Brazos County retiree health insurance. 7. Request to transfer $1,010,633.01 from Fund 02000 - County Health Endowment Fund Vol. lei Pfl• .�.. to Fund 01000 - General Fund. The transfer of funds will close out Fund 02000 - County Health Endowment Fund for fiscal year 2021-2022, and funding will not be allocated to this fund in the future. 8. Renewal of Contract #22-144 with I nnovative Transportation Solutions for Transportation Program Development. 9. Approval of Contract #22-151 for long-term juvenile residential services with Victoria County. 10. Approval of Contract #22-152 for short-term juvenile detention services with Victoria County. 11. Approval of Contract #22-153 for Employment Criminal Background checks for the Brazos County Sheriffs Office with Information Discovery Services, LLC. 12. Approval of Amendment #1 to Contract #C I P 22-636 J P/Constable Precinct #1 Building to correct the contractual contingency amount from $100,000.00 to $125,000.00. 13. Approval of the following committee for the evaluation of proposals for RFP #23-008 for Collection of Delinquent Criminal & Civil Court Costs, Fines, & Fees. • a. Tanya Skinner • b. Kyle Hawthome • c. Rick Hill • d. Legal (Non -Voting) • e. Purchasing (Non -Voting) 14. Permission to advertise RFP #23-008 Collection of Delinquent Criminal & Court Costs, Fines & Fees. 15. Approval of Contract renewal #23-011 R for Carpet Cleaning with ACC Texas Services, LLC. 16. Approval of Contract renewal #23-012R Janitorial Services with 1st Commercial Janitorial. 17. Approval of the following committee for the evaluation of proposals for RFP #23-015 Sex Offender Treatment Provider. • a. Linda Ricketson • b. Melissa White • c. John Brick • d. Legal (Non -Voting) • e. Purchasing (Non -Voting) 18. Permission to advertise RFP #23-015 Sex Offender Treatment Provider. 19. Consider and take action on the Bryan Texas Utilities permit to upgrade existing overhead electric powerline on current alignment paralleling Mumford Road. Work begins approximately 4,580' SE of North Harvey Mitchell Parkway (FM 2818) and continues to BTU substation. Site is located in Precinct 4. 20. Approval of request for Tax Refund for Ross and Janet Epstein pursuant to Tax Code Section 33.011. 21. Budget Amendments. FY21/22 Budget Amendments 40.1-40.9 22. Personnel Change of Status. 9 a. Employment & Separations It • b. Personnel Action Forms 23. Payment of Claims. 24. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. • b. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. • c. Texas Government Code §551.0745 deliberations by Commissioners Court about County Advisory Body. • d. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. 25. Consider and possible action on Executive Session. 26. Acknowledgement of FY 2021-2022 Budget to Actuals by Funds as of July 20, 2022. 27. Acknowledgement of monthly reports submitted in July 2022. 28. Juvenile director's report on detention population. 29. Sheriff's report on inmate population. 30. Announcement of interest items and possible future agenda topics. 31. Call for Citizen input and/or concerns 32. Adjourn. 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 items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioner's Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COMBRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. 3(c 7 Pg. l,� MINUTES J U LY 26, 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 26, 2022 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Russ Ford,' Commissioner of Precinct 2. " Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Ford 2. Call for Citizen input and/or. concerns Deputy Emergency Management Coordinator Jason Ware updated the Court on, the critical drought conditions in Brazos County. Mr. Ware explained that the Fire . Departments are doing all they can to prevent a devastating wildfire however, the public needs to be diligent in doing what they can. Commissioner Ford asked what has sparked the majority of recent grassfires. Mr. Ware answered that loose trailer chains, improperly discarded cigarettes and spontaneous combustion are to blame. He recommended mowing grass as low as possible and that the public do their part to prevent these fires. Vol. P9._vs— 3. Presentations and/or Discussions • Presentation on the Brazos County Medical Examiner's Office Needs Assessment by Chris Knorr from SmithGroup. Chris Knorr with SmithGroup, an architecture and engineering firm, gave a presentation on the construction needs for the Brazos County Medical Examiner's Office. Mr. Knorr explained that the unique duties of a Medical Examiner creates a need for a unique, orderly and durable office space. Taking into consideration the projected growth of the County and increasing numbers of autopsies, Mr. Knorr estimated the overall project cost to be $22,540,000. Commissioner Aldrich questioned whether it was also important to consider a lab for the Medical Examiner's Office. Mr. Knorr discussed the benefits of having a lab for the Medical Examiner's Office. Commissioner Ford asked about completing the project in stages as away to save money. Mr. Knorr then explained the most appropriate way to do that. J udge Peters thanked Mr. Knorr for his presentation and indicated that the County would continue moving forward with'the construction process. A copy of the presentation is attached. Consider and take action on agenda items: 4 - 25 4. Order 22-022 to retain and acquire the legal counsel and the professional services of the law firm of West, Webb, Allbritton and Gentry, PC for I ntergovemmental Transfer of Real Estate. A copy of the Order is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 5. Order 22-023 to retain and acquire the legal counsel and the professional services of the law firm of West, Webb, Allbritton and Gentry, PC for real estate transactions and research. A copy of the Order 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 approval to expend $1,000,000 budgeted in the transfer to Health and Life Fund in fiscal year 2021-2022 for Other Post Employment Benefits. The funds will be transferred to the OPEB trust managed by Public Financial Management and be invested; principal and earnings to benefit Brazos County retiree health insurance. - Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 7. Request to transfer $1,010,633.01 from Fund 02000 - County Health Endowment Fund to Fund 01000 - General Fund. The transfer of funds will close out Fund 02000 - V®I. Pg. `G County Health Endowment Fund for fiscal year 2021-2022, and funding will not be allocated to this fund in the future. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 8. Renewal of Contract #22-144 with Innovative Transportation Solutions for Transportation Program Development. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 9. Approval of Contract #22-151 for long-term juvenile residential services with Victoria County. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 10. Approval of Contract #22-152 for short-term juvenile detention services with Victoria County. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 11. Approval of Contract #22-153 for Employment Criminal Background checks for the Brazos County Sheriff's Office with Information Discovery Services, LLC. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 12. Approval of Amendment #1 to Contract #CI P 22-636 J P/Constable Precinct #1 Building to correct the contractual contingency amount from $100,000.00 to $125,000.00. 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. 13. Approval of the following committee for the evaluation of proposals for RFP #23-008 for Collection of Delinquent Criminal & Civil Court Costs, Fines, & Fees. Vol. .3-Cv7 Pg. • a. Tanya Skinner • b. Kyle Hawthorne • c. Rick Hill • d. Legal (Non -Voting) • e. Purchasing (Non -Voting) Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 14. Permission to advertise RFP #23-008 Collection of Delinquent Criminal & Court Costs, Fines & Fees. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 15. Approval of Contract renewal #23-011 R for Carpet Cleaning with ACC Texas Services, LLC. A copy of the bid tabulation and renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 16. Approval of Contract renewal #23-012R Janitorial Services with 1st Commercial Janitorial. A copy of the bid tabulation and renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 17. Approval of the following committee for the evaluation of proposals for RFP #23-015 Sex Offender Treatment Provider. • a. Linda Ricketson • b. Melissa White • c. John Brick • d. Legal (Non -Voting) • e. Purchasing (Non -Voting) Commissioner Cauley asked that the list of names be amended to include Patrick Gendron instead of Melissa White to ensure it will be a committee comprised of diverse perspectives. Purchasing Agent Charles Wendt asked that the agenda item -be tabled to allow time for discussion with Commissioner Cauley on the matter. Commissioner Cauley made a motion to table the item and Commissioner Berry seconded. The Court voted unanimously to table. Motion: Table, Moved by Commissioner I rma Cauley, Seconded by Commissioner l9d. 30 Pg. `fig Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 18. Permission to advertise RFP #23-015 Sex Offender Treatment Provider. Purchasing Agent Charles Wendt advised the Court to vote on advertising RFP #23- 015 even though assembling evaluation committee has been tabled for further discussion. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 19. Consider and take action on the Bryan Texas Utilities permit to upgrade existing overhead electric powerline on current alignment paralleling Mumford Road. Work begins approximately 4,580' SE of North Harvey Mitchell Parkway (FM 2818) and continues to BTU substation. 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. 20. Approval of request for Tax Refund for Ross and Janet Epstein pursuant to Tax Code Section 33.011. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 21. Budget Amendments. FY 21 /22 Budget Amendments 40.1-40.9 40.1 Transfer Capital funds to various County departments. 40.2 Reallocate funds for Voter Registration. 40.3 Reallocate Capital funds. 40.4 Transfer of Capital funds to Sheriff's Office -Jail and Facility Services. 40.5 Reallocate funds for Fleet Services. 40.6 To recognize a donation to the Sheriff's Office. 40.7 Reallocate funds for Roof Repair. 40.8 Transfer Contingency funds to Sheriff's Office. 40.9 To recognize revenue for County, Health Endowment Fund. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Bevy, Cauley, Ford, Peters. 22. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Vol. Pg. --- a2 , Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 23. Payment of Claims. Claims 8116439 - 8116582 9005382 - 9005428 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 24. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. • b. Texas Government Code §551.071. to consult with attorney about pending or contemplated litigation and/or a settlement offer. • c. Texas Government Code §551.0745 deliberations by Commissioners Court about County Advisory Body. -, • d. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. At this point, the County Judge announced the Court would consider items 26 through 31 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:46 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to the following: a) Section 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal, of a public officer or employee. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Jennifer Salazar, Human Resources Director Raeanna McConathy, Human Resources Katie Conner, County Auditor Nina Payne, Budget Analyst b) Section 551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Vd. Pg. b-V Bruce Erratt, Civil Counsel Charles Wendt, Purchasing Agent c) Section 551.0745 deliberations by Commissioners Court about County Advisory Body. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Katie Conner, County Auditor Kimberly Roach, I ntergovernmental Liaison d) Section 551.0725. There was no need to discuss this session therefore, it was eliminated. 25. Consider and possible action on Executive Session. At 11:20 a.m. the County Judge announced the meeting open to the public and the Court took action on Executive Session (a). On motion by Commissioner Cauley, seconded by the Commissioner Berry, the Court voted unanimously to exempt the Adult Probation Department from the Brazos County Rehire Policy. 26. Acknowledgement of FY 2021-2022 Budget to Actuals by Funds as of July 20, 2022. The Court acknowledged receipt of the 2021-2022 Budget to Actuals by Fund as of July 20, 2022. 27. Acknowledgement of monthly reports submitted in July 2022. The Court acknowledged receipt of the Extension Service reports submitted in July 2022 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk Constable Precinct 2 28. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 37 juveniles in the detention center, 27 are male and 10 are female, and 42 have electronic monitors. 29. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 640 inmates in jail, 538 inmates are male and 102 are female, 47 have electronic monitors and 12 are pending for processing. 30. Announcement of interest items and possible future agenda topics. Commissioner Aldrich gave a reminder that this week is the annual Tip A Cop fundraiser at Texas Roadhouse for Special Olympics. Commissioner Ford asked that the Court keep in mind the appointment of a County Budget Officer. 31. Call for Citizen input and/or concerns Vol. pg. �...._ There was no Citizen input. 32. Adjourn. COI. pg. The foregoing minutes of the Commissioners Court Meeting held July 26, 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 Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 VOL pg. Pg I of BRAZOS COUNTY . COMMISSIONER'S COURT A6+L-DAY OF , 20 aV- `� o� A /I,. 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CMA1slIS FCdfiT.. .�UAcaA9.!!, tSEN® b�,APIiPi 13(Ii'i$A(:E.�- .: py' 4�6g'�C11N 1� Iwea�nuo tA��„ I9tiAZ!fS9��. . wtL81�@i OE 4 ITT Hilt? lii1i5CO3A v(AN73 fi MATAWR$A .A "'V'fC"f19MIA a ,ram`' - i POPULATION GROWTH BRA20S COUNTY AND PARTNERS 700,000 600,000 500,000 4089774 400,000 360_, ._--- 335 319,447 3; 300,000 229,410 507, 625,777 i94,851 200,000—__.___._._____.--_-____._.,___.__._.____-___._---- _______._.___� 124,596 130,925 136,304 138,897 141,907 144,982 148,124 COMBINED POPULATION 1009000 BRAZOS COUNTY Texas Demographic center Data 20 0-2t?5© 0. tinge PARTNER COUNTIES 2010 2020 2030 2040 2050 2060 2070 SMITHGROUP HISTORICAL AUTOPSY DEMAND BRAZOS COUNTY AND PARTNERS 300 250 200 150 100 4 HISTORICAL AUTOPSY DEMAND BRAZOS COUNTY AND PARTNERS 250 9C aL 100 AUTOPSY RATE BRAZOS COUNTY 300 250 -J 200 J 150 6 COMBINED COUNTIES 50 BRAZOS COUNTY PARTNER COUNTIES 0 2017 2018 2019 2020 2021 SMITHGROUP t- , AUTOPSY RATE BRAZOS COUNTY 300 0,7G5 .J co 250 200 150 100 COMBINED COUNTIES 50 BRAZOS COUNTY PARTNER COUNTIES 0 2017 2013 2019 2020 2021 SMITHGROUP AUTOPSY RATE PARTNER COUNTIES < 300 250 —.I 200 Ica 150 100 i COMBINED COUNTIES 50 BRAZOS COUNTY PARTNER COUNTIES 0 ,7 2017 2018 2019 2020 2021 SMIITHGROUP AUTOPSY RATE COMBINED RATE Q� m r 250 200 150 We COMBINED COUNTIES 50 ® BRAZOS COUNTY PARTNER COUNTIES 0 2017 2018 2019 2020 2021 SMITHGROUP AUTOPSY RATE RECOMMENDED COMBINED PLANNING RATE COMBINED COUNTIES BRAZOS COUNTY PARTNER COUNTIES 300 250 200 - -. 150 We 50 NIIIIIIIIII RECOMMENDATION 0.75 AUTOPSIES / 19000 2017 2018 2019 2020 2021 SMITHGROUP { DECEDENT LOAD ANY AUTOPSIES COULD YOU EXPECT? 2020 1 2030 1 2040 2050 2060 2070 BRAZOS COUNTY TO SEE CONSISTENT AUTOPSY GROWTH razos County Population 229, nzci,mcr --3 —41'8,&,3& if-4;Z7,U3 Autopsies 128 1 204 1 240 i 274 MUM 314 i 358 Partner Population 130,925 r36-,30-4 138-,89 441-90F t44-, o g2 Autopsies 104 102 104 106 109 Regional Population 360,335 408,774 459,097 507,770 i 563,020 625,777 Total Decedent TO l Autopsy Rate s 0.751 -------------- SMITHROUP L-- DECEDENT LOAD HOW MANY AUTOPSIES COULD YOU EXPECT? 2020 t j 2030 2040 2050 2060 2070 ra os County^ Population 229,410 ' 272,470 1 320,200 365,863 1 ; 1 418,038 477,653 Autopsies ' 128 204 240274 314 358 g Partner Population ! 130,925 - I 136 304 1 138,897 ' 141,907 1 144,982 ; 148,1 4 r ' Autopsies _ 104 102 104 106 109 111 Regional Population ; 360,335 408,774 I 459,097 I 507,770 563,020 1 6E Total Decedent Load �` ' �44F�r�`���381 22 4,6g 'Autopsy Rate 0.75' .,30� { s SMITHGROUP i (` -1'� a . 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'- ,..n . . .,, ,.,..., fi ,t .� .x,3 11 ,4 - ,"� � :.:,. ,,- , x .._., 7.. ,.v... r ,<. .. .-_.,, r , , , .e... l �� , lz- S , ,fit :�a. ..v X ^'� F.i� i A d 3' f Y, t t k,,, �.'�.. } ,,k ,= f f, i d Z P S �. :,::.., ., Irv. ,, ., .: .: "::'.. U Y `. , ., ,` : '�" . .x t F , v..,.,, ,... . ,k, .. ..,.:.,. r rM.S .,.' .,.%xx ,.-n . x...+. i :r,. . .:v.. ti4 ::,,....,.. .n.r ...,. .,Y% w' ... s, k ...,- . „'a,fi ,.. ?'i .. F^..... r.- , ,,r..„, .. .; ..k• a ,;... s'€M, L p t xY v' x. J. ,, .lb r;95. 4 ,,, ,, r r fF"u .zt -rr, ,If,. ,-. a.,,...,P , ,;., ,� t , ro I "I �.� SNIiTNGROUP --------- --- -------------- --� _ _ _-- 1___ _-______ __ -q__ 11 _ -f j__ _ __ _ - - - _ -,- - STAFFING WHAT ROLES ARE REQUIRED? Forensic Pathologists: ■ Chief Medical Examiner ■ Deputy Chief ME Investigators: ■ Supervisor ■ Investigators Q v Autopsy Assistants: ■ Supervisor ■ Autopsy Assistant Administration SMINGROUP STAFFING WHAT ROLES ARE NOT REQUIRED? Forensic Pathologists: Chief Medical Examiner Deputy Chief ME Investigators: • Supervisor • Investigators Autopsy Assistant • Supervisor • Autopsy Assistal 1. 7 Outsourced Roles: • Toxicology staff • Histology staff • Transcription staff SMITHROUP AUTOPSY QUANTITY AND REQUIRED STAFF 2020 2030 2040 2050 2060 2070 Brazos County Population 229,410 272,470 320,200 365,863 418,038 477,653 Autopsies 128 204 240 274 314 358 Partner Population 130,925 136,304 138,897 141,907 144,982 148,124 Autopsies 104 102 104 106 109 , 111 Re ional Population 360 335 408,774 459,097 507,770 563,020 625,777 -,:.. 4 t m ,', .,' i'F`: TotDecedent Loa w ,"`"..: � x7 _' � r "�.s..;t h ". i ., •+J«t.t"iati �a ^�yk. s,;l v° ,'� �22� 3Q7344, 381� 422,,. h �t +'s; 46 al .` fi.. Autopsy Rate o.7s ACCREDITATION: 250 AUTOPSIES I FP MAXIMUM Staff in To 0 en 2030 2040 2050 2060 2070 Forensic Pathologist 2 2 2 2 2 Investigations ago 2 3 3 3 3 3 Autopsy Assistant 1 2 2 2 2 2 Administration 2 2 2 2 2 2 SMITHGROUP AUTOPSY QUANTITY AND REQUIRED STAFF 2020 2030 2040 2050 2060 2070 Brazos County Population 229,410 272,470 320,200 365,863 418,038 477,653 Autopsies 128 204 240 274 314 358 Partner Population 130,925 136,304 138,897 141,907 144,982 148,124 Autopsies 104 102 104 106 109 111 Regional Population 360,335 408,774 459,097 507,770 563,020 625,777 ..,�, .. x a a... 'F Yd :. �. '" ` Mq h ��.,. ,;n:.;..v' f �}�. ��� Yy+a� k �„ `�JY"`���.,+,�„ �f�3'"1flW,�' �h" Y nK. ,. ,, �. � a''.'`�".� t 4 rv$t.✓. `**.. ,: , P � N'"S'4' '�` , 422 y.r:,, ,. x� " "M. ., "t , r . 4.,w,...,, a:�. ,, ' f� &,� 3®7 381 � Mfx, I' � �s.TM011110 469 z t � .344 � Autopsy Rate 0.75 Staff in To Open 2030 2040 2050 2060 2070 Forensic Pathologist 1 2 2 2 2 2 Investigations 2 3 3 3 3 3 Autopsy Assistant C 1 2 2 2 2 2 Administration 2 2 2 2 2 2 Staff ... .. .. Total .. , .� . ., r4,-YeY... A` . c..'. s '#" " �.. rS:� a ,,. k` Y{;;y,A..,m,� v{t=nKi. was .dry ,.gins `. .5, �`„i 5n Y 7;ti: .f�� a, .,`.1. r...�`.e.it rt ..n ,axe- Y, q5 ,Rm^ .4.'3�.+ ✓ ✓A iT 'h{. . +S`�,`' STAFF REQUIRED AT FACILITY OPENING SMITHGROUP m t - AUTOPSY QUANTITY AND REQUIRED STAFF 2020 2030 2040 2050 2060 2070 Brazos County Population 229,410 272,470 320,200 365,863 418,038 477,653 Autopsies 128 204 240 274 314 358 Partner Population 130,925 136,304 138,897 141,907 144,982 148,124 Autopsies 104 102 104 106 109 111 Regional Population 360,335 40 774 459,097 507,770 563,020 625,777 'iota( ID cedent Load r�{.`,+ .#'„dA,..,,.+. k. "' �`Pd:.rE',M ;3�: .' : Y ;; s 4 .' 23 469 d�l Im�* .. ., Y �3,07 ., " Y,344 �381 n kr : �..�.?�.� , x �.,. Autopsy Rate o.7s WILL SOON NEED (2) FP'S Staff in To Open 2030 2040 2050 2060 2070 Forensic Pathologist 1 N, 2 2 2 2 2 Investigations 2 3 3 3 3 3 Autopsy Assistant 1 2 2 2 2 2 Administration 2 2 2 2 2 2 .. ", Toga l Stafifi {,. ,. .. t ... " "�. T �� � kH $ ,¢ ,. o'� ulia'' $d j .,y�• }-Yt 3 r a y.} ww fC f {p X', , f hr4 .4.w,ivA:. ,. rf ti L&� x Z� ". is - - -- --- - -- -- -- --- ---- SMITHGROUP AUTOPSY QUANTITY AND REQUIRED STAFF 2020 2030 2040 2050 2060 2070 Brazos County Population 229,410 272,470 320,200 365,863 418,038 477,653 Autopsies 128 204 240 274 314 358 Partner Population 130,925 136,304 138,897 141,907 144,982 148,124 Autopsies 104 102 104 106 109 111 Regional Population 360,335 408,774 459,097 507,770 563,020 625,777 » g .. rY.. E R`F.t , � § ,�v«p' "'4 �-tny ,,i*'a,�;,�. j'�M�::j. �'td 1. �,• � � ` a :. i. % ;: ,,. iN,i -i... ' r,,,, { t :�,., {� .,i++, rc" , Sr, , a{•• r " Total Decedent Load, ,,r ; 422 yy� 3,07„ ?... ,. n'k�t}'.RM•'o r ' P..:' .4§r eiAk '+ 469 Autopsy Rate 0.75 Staff in To Open 2030 2040 2050 2060 2070 Forensic Pathologist 1 2 2 2 2 2 Investigations < 2 3 3 3 3 3 Autopsy Assistant 1 2 2 _2_ 2 2 Administration 2 2 _ =�2 _ _ _ Ail: I �1.1� j■, A :. K� ,$ r M'y of qy L ^YN'3tf 1 A{ rega"'' k +Y. P l j 4if.� �"4: y�/(���"F4j� d i' ,+v�`'§}3 ,v. tr {rr- ,rym�'A y , r. Y+r. SIR, I '.0 I STAFF SIZE CONSISTENCY THROUGH FACILITY LIFESPAN SMITHGROUP - - --- ----- ----- _' -- - STAFF PROTECTIONS TOTAL DECEDENT LOAD (TDL) TODAY AND BEYOND ■ 202? (250 TDQ Staffing & Cost — Forensic Pathology ■ CME=1 ■ Deputy CME = 0 ■ $275,000 — Investigations ■ 2 ($94,000) Autopsy Assistants ■ 1 ($37,000) ■ 2070 (470 TDL) Staff i ng & Cost Forensic Pathology CME=1 ■ Deputy CME = 1 ■ $525,000 Investigations ■ 3 ($141,000) — Autopsy Assistants ■ 2 ($74,000) — Administration — Administration * Staffing cost does not ■. 2 ($66,000) ■ 2 ($66,000) include County standard — Total Cost = $472,000* — Total Cost = $806,000* benefits or escalation per year SMITHGROUP Vol` `;W7' p9' --- -- - - ------ - - -- ---- i — -- — --� PEER FACILITY COMPARISONS r: 11I11►rl�r� i_ ; i ll6slillAJ k SMITHGROUP MEDICAL EXAMINER BENCHMARKING PFFp N>Sf I STAFF RECOMMENDATION: 900 NASF / STAFF 900 — —-------------- -- — ----- -- —------- ----- 850 -- ------ — --------- ■ Placer County is closest 800 comparison goo ■ All have 2-3x autopsy 600 load 500 ■ Smaller facilities are less efficient 400 0.e., 9 Planned for 300 Brazos vs.17 Staff at Placer County) 200 100 l o m Hamilton County Johnson County Kentucky Medical Placer County Ada County Coroner Coroner's Office & Medical Examiner Examiner, Louisville Sheriff's Coroner Crime Lab SMITHGROUP MEDICAL EXAMINER BENCHMARKING FACILITY SIZE ■ Maxi.mum Staff = 9 ■ NASF / Staff = 900 ■ Total NASF = 8,100 ■ Collaboration = 1,500 ■ Total G S F= 16,000 G S F General Program Elements: ■ 2 Wall -Mount autopsy stations & 1 pedestal station ■ Autopsy observation for law enforcement and education ■ 50 Decedents on carriers - Growing to (65) with racks ■ Lobby includes family room and toilet ■ Body receiving single vehicle bay is unconditioned ■ 50-Person conference room - - - -, SMITHGROUP - -- - - - - - _----- _ - _ _.-----t_ ,.__ _. ,_ - - - -- -- ---- - - - -- -------- 4-II _ [� PROTECT COST BUCKETS to 1 1 1 7 n ov m 7 9; OV al � °*"t .................... ................. a 1 ............� SITE, UTILITIES, & INFRASTRUCTURE FEES PERMIT FEES DESIGN AND ENGINEERING COUNTY MANAGEMENT FEES FURNITURE, FIXTURES, & EQUIPMENT ESPECIALLY SPECIALTY EQUIPMENT AUDIO/VISUAL, TECHNOLOGY, & SECURITY SMITHGROUP PROJECT SCHEDULE 2022 2023 2024 2025 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 NEEDS, ASSESSMENT. COUNTY VINTM. .DESIGN;TEAM g , %SELECTION' , �ty*eyxw�,.Gax3$rt'.Wy.: _9 — DESIGNDEIIELOPMENT � PERMITS c z �/ �c e lJ.l BIDDING ; z CONSTRUCTION SMITHGROUP TOTAL PROTECT COST Construction Cost GC Fees and Contingency Construction Cost Escalation � (Construction MidpointJune 2025) Total Construction Cost Total Project Cost $10,883,000 $4,079,000 $14,962,000 $1,945,000 $16,907,000 $2295409000 SMINGROUP QUESTIONS ADDRESSED TO THIS POINT i WHAT DOES AN ME NEED? WHO IS THIS BUILDING CONSTRUCTED FOR? WHAT MIGHT HAPPEN IN THE FUTURE? HOW LARGE A FACILITY DO YOU NEED? I�I WHAT WILL THE PROTECT COST? HIGHLY SPECIALIZED SPACES PRIMARILY BRAZOS COUNTY STAFF CONSISTENCY LIKELY FISCALLY RESPONSIBLE APPROACH APPROXIMATELY $22,500,000 39 smithgroup.com SMINGROUP THANK YOU SMITHGROUP WEST WEBB ALLBRITTON GENTRY July 22, 2022 Via Email berratt@,brazoscountyfx.gov Brazos County Judge Duane Peters, Brazos County Judge Attn: Bruce Erratt General Counsel 200 South Texas Avenue, Ste. 329 Bryan, Texas 77803 Mike Gentry Shareholder Board Certified Commercial Real Estate Law Texas Board of Legal Specialization mike.gentry@westwebbJaw Re: Engagement Letter; Intergovernmental Transfer of Real Estate Dear Bruce: This letter describes the terms and conditions under which West, Webb, Allbritton & Gentry, P.C. ("Firm') will represent Brazos County ("County") concerning the legal matter described in greater detail below (the "matter"). Our representation shall become effective upon our receipt of a countersigned copy of this letter ("Agreement"). The Firm is being retained to assist and represent you in the preparation of documentation to evidence a contribution of real property to the County, including associated title and survey review. We have agreed that our fee for these services will not exceed $49,900.00 unless approved in advance by you. As with other matters for which we provide services to the County, the hourly rate of our attorneys and paralegals will be discounted by 15%. The Firm's representation is limited to the above -referenced matters and the Firm has not been retained to represent you generally or in connection with any other matter unless we modify this engagement letter by subsequent engagement letters. Additionally, you understand that the Firm has been retained to provide legal services, not business or financial advice or services. As is true with all legal services, we cannot and do not guarantee the results of our representation. We make no express warranties concerning this matter and disclaim any implied warranties concerning the matter. Attorneys like other professionals who advise on personal financial matters, may be required by a federal law such as the Gramm -Leach -Bliley Act to inform their clients of their policies regarding privacy of client information. In the course of representing our clients, we receive all manner of significant personal financial Information from them. As a client of the firm, you are advised that all information we receive from you will be held in confidence and not 1515 Emerald Plaza, College Station, TX 77845 1 979.694.7000 1 westwebb.law AUSTIN I BRYAN / COLLEGE STATION I FORT WORTH I TEMPLE 1 WACO : Engagement Letter 7-22-22 V01. �— �e pg.�® July 22, 2022 Page 2 released to outside persons, except as agreed to by you or as required under applicable law. We retain records relating to professional services we provide to assist our client with their professional needs and in some cases, to comply with professional guidelines. At the end of our representation, please let us know if you need any documents from our files. We will retain documents for ten (10) years and then destroy them in accordance with our record -retention policy then in effect. Third party costs and fees incurred on your behalf will be paid directly by you, or when advanced by the Firm, will be borne by and paid for by you upon receipt of a statement for said expenses. Certain expenses will be forwarded to you for payment directly. The Firm will provide to you at monthly intervals an itemized statement setting forth in reasonable detail all advances for the above -mentioned expenses and a description in reasonable detail of all work performed on your behalf in these matters with the cost for services performed. Full payment is due on receipt of the statement for current fees and expenses. You agree that this attomey-client agreement will not be modified by any oral agreement; instead, all modifications of this agreement must be in writing and signed by West, Webb, Allbritton & Gentry, P.C. and you. You agree that this attorney -client agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. This agreement shall be interpreted and construed according to the laws of the State of Texas, and all obligations of the parties are performable in Brazos County, Texas. This agreement is to be performed in Brazos County, Texas, although the litigation involved may be tried in a different county. Once again, we are pleased to have this opportunity to work with you in this matter. If you have any questions or concerns about any of the above, please contact us as soon as possible. If this letter accurately reflects our agreement, please sign the enclosed copy of this letter and return it to me. AGREED AND ACCEPTED: Cou y Judge Duane Peters Brazos County Judge Sincerely, WEST, WEBB, ALLBRITTON & GENTRY, PC. Michael H. Gentry Date E �6 Z Pg. 98 i wEsr wEB13 ALLBRITTOIV &GANTRY July'11', 2622 Via Email berratt@braioscounty& gov Brazos County Judge Duane Peters, Brazos County Judge Attn: Bruce Erratt General Counsel 200 South Texas Avenue, Ste. 329 Bryan, Texas 77803 Mile Gentry Shareholder Board Certified Coinmercial Real Estate'Law - Texas Board -of Legal Specialization mike.gentry@westwebb.law Re:. Engagement Letter[ en rt aTDist'rict N11ss onary B`- Us Assoc: Dear Bruce: This letter describes the terms and conditions under which West, Webb, Allbritton & Gentry, P.C. ("Firm") Will represent Brazos County ("County") concerning the legal matter described in greater'detaii below (the "matter"). Our representation shall become effective upon our receipt of a countersigned copy of this letter ("Agreement"). ' The Firm is being retained to assist and represent you In the The Firm's representation Is'limited to the above -referenced matters and'the Firm has not been retained to represent you generally or in connection with any other matter unless we modify this engagement letter by subsequent engagement letters. •Additionally, you understand that the Firm has been retained to provide legal services, not business or financial advice or services. As is true with all .legal services, we cannot and do not guarantee the results of our representation. We make no' express warranties concerning this matter and disclaim any implied warranties concerning the matter. Attorneys like other professionals who advise on personal financial matters, may be required by a federal law such as the Gramm -Leach -Bliley Act to inform their clients of their policies regarding privacy of client information. in the course of representing our clients, we receive all manner of significant personal financial information from them. As a client of the firm, you are advised that all information we receive from you will be held in confidence and not 1515 Emerald Plaza, College Station, TX 77845 1979.694.7000 1 westwebb,law AUSTiN I BRYAN / COLLEGE STATION I FORT WORTH I TEMPLE I WACO 40592: Engagement Letter ifd. 67 Pg..jq_ July 11, 2022 Page 2 released to outside persons, except as agreed to by you or as required under applicable law. We retain records relating to professional services we provide to assist our client with their professional needs and in some cases, to comply with professional guidelines. At the end of our representation, please let us know if you need'anydocuments from our files: We will retain documents for ten (10) years and then destroy them in accordance with our record -retention, policy then in effect. Third party costs and fees Incurred on your behalf will be paid directly by you, or when advanced, by the Firm, will be borne by and paid for by you upon receipt of a statement for said expenses. Certain expenses will be forwarded to you for payment directly. The Firm will provide to you at monthly intervals an itemized statement setting forth in reasonable detail all advances for the above -mentioned expenses and a description in reasonable detail of all work performed on your behalf in these matters with the cost'for services performed. Full payment is due on receipt of the statement for current fees and expenses. You agree that this attorney -client agreement will not be modified by any oral agreement; Instead, all modifications of this agreement, must be in writing and signed by West, Webb, Allbritton & Gentry, P.C. and you. You agree that this attorney -client agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. This agreement shall be interpreted and construed according to the laws of the State of Texas, and all obligations of the parties are performable In Brazos County, Texas. This agreement Is to be performed In Brazos County, Texas, although the litigation involved may be tried in a different county. ` Once again, we are pleased to have this, opportunity to work with you in this matter. If you have any questions or concerns about any of the above, please contact us as soon as possible. If this -letter accurately reflects our agreement, please sign the enclosed copy of this letter and return it to me. AGREED AND ACCEPTED: zos Co u y Judge Duane Peters Brazos County Judge Sincerely, WEST, WEBB, LBRITTO &GENTRY C. Xj chael H. Gentry Date V01?�? Pg. 100 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 7/26/2022 TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: SOURCE OF FUNDS: NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: ATTACHMENTS: File Name %Altwm w tsA%d1able Request permission to expend $1,000,000 budgeted in the transfer to Health and Life Fund In fiscal year 2021-2022 for Other Post Employment Benefits. The funds will be transferred to the OPEB trust managed by Public Financial Management and be invested; principal and earnings to benefit Brazos County retiree health Insurance. Commissioners Court Nina Payne 07/20/2022 False False $0.00 Fund 01000 - General Fund Due to the savings In the Health and Life Fund in fiscal year 2021-2022, $1,000,000 of the $2,000,0000 budgeted to transfer will not be needed. This transfer will cover fiscal year 2023-2024, and will not be budgeted. A budget amendment will follow. Request approval. Description Type - APPROVED' �oLflO�dLv�— Duane Peters Date County Judge BRAZOS COUNTY BRYAN.TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 712W2022 ITEM: Request to transfer$1,010,633.01 from Fund 02000 - County Health Endowment Fund to Fund 01000 - General Fund. The transfer of funds will close out Fund 02000 - County Health Endowment Fund for fiscal year 2021 2022, and funding will not be allocated to this fund in the future. TO: Commissioners Court FROM: Nina Payne DATE: 07/20/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMO UNT. $0.00 SOURCE OF FUNDS: Fund 02000 - County Health Endowment Fund Division 11002200 The County established an endowment fund with the tobacco distribution received from the State in 1999. The Commissioners Court placed $2,000,000 in investments. At that time the Court decided that the interest earned from the investments and the amount expected as NOTESIEXCEPTIONS: reimbursement from the State over and above the $2,000,000 would be available for appropriation. The Commissioners Court approved using $2.5 million to fund the building of a new Tax Office during FY 2021. The remaining funds will be transferred into Fund 01000 - General Fund to be used for daily operations or capital improvement projects. A budget amendment will follow. ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name Description Jyme WAlladm0r49Azbb,'e . Duane Peters Date County Judge Evol. 7 pg. /0 d2 Brazos County Purchasing Department Z00 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77903 PHONE (979) 3614290 FAX (979) 3614293 June 10, 2022 Innovative Transportation Solutions, Inc. 2701 Valley View Lane . Farmers Branch, TX 75234 Re. Renewal of Contract #22-144R Transportation Program Development and Strategic Planning for Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Transportation Program Development and Strategic Planning 22-114R, previously known as 20.-094. All terms,.conditions, and pricing shall remain the same. This renewal term will be for two years from . August 1, 2022.to July 31, 2024. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to pparks@brazoscountytx.gov or fax to (979) 3614293. Please then submit an . updated Certificate of Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4291. Contact Name: John Polster Title: President INNOVA Authofized Signature B ZO CO Y Duane Peters, County Judge SOLUTIONS, INC. Telephone: 972484-2525 July 5.2022 Date j-L'L.:q -�Z (0, @L0o1G'2.. Date Vol. A 7 pg. / °5 TRANSPORTATION SERVICES CONTRACT This TRANSPORTATION SERVICES CONTRACT ("Agreement") is entered into by and between Innovative Transportation Solutions, Inc. ("ITS') a Texas Corporation, and Brazos County, Texas, (`Brazos County") a Texas political subdivision. ITS is pleased to submit this proposal to Brazos County ("Client"). ITS proposes the following scope of services and specific tasks. I. INTRODUCTION ITS is a full -service Transportation Engineering Consulting Firm. The Transportation Consultant team is led by John R. Polster, Sr. who has extensive knowledge in the area of facilitating major transportation and infrastructure projects through local, state, and federal processes. Claud P. (Buz) Elsom III, P.E. who has extensive experience in the design and analysis of highway systems, leads our technical team, offering unmatched resources for critical transportation projects. H. SCOPE OF SERVICES As Transportation Consultants, ITS will specifically conduct the following services for Brazos County: Task 1-Strategic Planning and Funding Consultation ITS shall provide leadership and management on the County's Transportation Program; assist the County in identifying its transportation needs and continuously seek out funding sources, both conventional and innovative, to achieve those goals. A. Development of Overall Priority and Goals for Transportation Projects • Assist Brazos County in the analysis of pending surface transportation projects resulting in the prioritization by the Commissioners Court of said projects within Brazos County; • Identify key Brazos County transportation projects for policy level focus; • Develop overall program and strategic long-range transportation planning goals and objectives; • Determine an equitable County participation based on benefits to accrue by advancing the project early; and • Determine ability and willingness of other stakeholders to participate, whether in cash or in kind, to advance the project. B. Federal Transportation Policy Development and Implementation • Monitor the following organizations for possible opportunities and impacts to key Brazos County projects: U.S. Congress and appropriate Congressional committees, Va. - 30 pg. A,/ VW U.S. Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Railroad Administration, Transportation Safety Administration, Federal Aviation Administration, U.S. Army Corps of Engineers, and Environmental Protection Agency; • Continue efforts toward the authorization of funding for key Brazos County projects; • Continue efforts toward the appropriation of funds for key Brazos County projects; • Meet with County Commissioners as needed to update progress and direction; and • Provide reports and briefings to the Commissioners Court as required. C. State Transportation Policy Development and Implementation • Monitor the following organizations for possible opportunities and impacts to key Brazos County projects: Texas Governor's Office, Texas Legislature and appropriate legislative committees, Texas Turnpike Authority, Texas Transportation Commission, Texas Department of Transportation Headquarters Division (Austin), and Texas Commission on Environmental Quality; • Continue efforts toward the placement of key Brazos County projects on the STIP and UTP documents with appropriate funding commitments; • Continue efforts toward eliminating the barriers to the implementation of key Brazos County projects to include gaining environmental clearance, acquisition of right-of- way, development of PS&E, and letting of construction contracts; • As required and authorized, set up and attend meetings with key policy makers and staff members (agencies and elected officials) in Austin, Texas to further efforts at the state and regional level. These meetings would be attended by selected County staff members and Commissioners Court members. To minimize travel costs and schedule impacts, these meetings must be scheduled to maximize the value of the time invested; • Follow up with State legislative and agency staff members to facilitate the implementation of the County's Transportation Program; • Meet with County Commissioners on a monthly basis to update progress and direction; and • Provide reports and briefings as required to the Commissioners Court. D. Regional Transportation Policy Development and Implementation • Monitor the following entities for possible opportunities and impacts to key Brazos County projects: Texas Department of Transportation Bryan District, Bryan/College Station Metropolitan PIanning Organization (BCSMPO), Brazos County RMA, Other surrounding counties, and Other entities as directed by Brazos County; • Continue efforts toward the placement of key Brazos County projects on the BCSMPO TIP and UTP programs with appropriate funding commitments; 0) Vol. pg. �Os • Continue efforts toward eliminating the barriers to the implementation of key Brazos County projects to include gaining environmental clearance, acquisition of right-of- way, development of PS&E, and letting of construction contracts; • As required and authorized, set up and attend meetings with key policy makers and staff members (agencies and elected officials) in various locations within the Brazos County region to further efforts at the state and regional levels. These meetings would be attended by selected County staff members and Commissioners Court members. To minimize travel costs and schedule impacts, these meetings must be scheduled to maximize the value of the time invested; • Follow up with appropriate agency staff members to implement policy program; • Meet with County Commissioners as requested to update progress and direction; and • Provide reports and briefings as required to the Commissioners Court. Task 2 — General Program Management and Design Management Assistance ITS will provide general program management of the Transportation Program on behalf of the County and represent the County in all general and professional activities that are required to successfully execute this program. These duties will include as a minimum the following items: General Program Management: • Develop detailed Program Management Plan (PMP) for the implementation of the design, procurement and construction phases of the program. • Attend Commissioners Court meetings and other pertinent County meetings to report on the current status of the Program; • Meetings with Court officials and their staff as needed to discuss the Program; • Attend local, regional, state and federal transportation meetings and events that are of importance to the Transportation Program; • Coordinate with TxDOT; BCSMPO; USDOT; USACE; FEMA; EPA; TCEQ and other regional, state and federal agencies as required to facilitate all aspects of this Program; • Determine which projects may be affected by local events or may impact those events and outline strategies to meet community expectations; • Monitor and update the overall project schedule throughout the program in coordination with utilities, real estate, environmental, design consultants, construction managers, contractors and others that are involved at the program and individual project levels; • Review and provide comments on schedules submitted by consultants, contractors and others for conformance with scheduling requirements and policies, consistency with project/construction plans and phasing, ability to execute, proper resource allocation and other schedule -related requirements; 3 • Provide any additional management services that may be requested by Brazos County officials. Design Management Assistance: • Providing general management over all aspects of the design process, including direct participation in periodic design coordination meetings; • Making recommendations for process improvement; • Evaluating performance of design consultants; • Reviewing milestone submittals by design consultants to assure intent of the project is met, County's best interests are represented and consultant is meeting terms of their contract; • Reviewing periodic and the final Opinion of Probable Construction Cost provided by the design consultants; and • Reviewing and initial approval all pay requests from design and specialty consultants to be submitted to the County. Task 3 — Right -of -Way (ROW) Acquisition Management Assistance ITS shall provide management assistance in the acquisition of all real estate required to complete each project within this program unless otherwise stipulated by the County. The Program Manager will: • Review real property and easement acquisition needs as they are identified; • Coordinate with real estate agents and title companies to facilitate the expeditious procurement of the required property or easements; and • Coordinate all required Court approvals for acquisition so that project schedules are maintained. Task 4 -Procurement Assistance ITS shall aid the County in procuring all required consultants and contractors for this Program and will include: Assisting the Purchasing Department in developing scope of services and associated fees for each consulting assignment; Assisting County staff in the issue and processing of contracts, task orders, and change orders for consulting services; and Coordinating design consultants' activities during contractor procurement phase. Task 5 -Community Outreach/Education Program ITS shall provide information and educational material to the County for engagement and involvement of stakeholders through all stages of the projects associated with the Transportation 4 Vol. Pg._ Program. Services include: • Support of County public outreach efforts with respect to matters associated with the Transportation Program; • Coordination of all public meetings related to the Transportation Program; and • Development of announcements and press releases related to project implementation. Task 6 — Monthly Statement of Deliverables ITS shall provide a monthly status report of services requested by Brazos County enumerated by project and task and subsequent services delivered and completed. III. COMPENSATION TERMS In consideration of professional services rendered monthly by ITS, Brazos County agrees to pay ITS a reasonable and customary annual fee of ONE HUNDRED AND TWENTY THOUSAND DOLLARS AND 00/100 DOLLARS ($120,000.00) (the "Annual Fee") per year. Brazos County agrees to pay ITS TEN THOUSAND AND 00/00 DOLLARS ($10,000.00) (the "Monthly Payment") per month towards the County's annual fee obligation. ITS shall submit to Brazos County a monthly statement for professional services rendered. Brazos County shall make the Monthly Payment, processing the statement in its usual and customary fashion, making all reasonable efforts to process the monthly payment within thirty (30) business days from Brazos County's receipt of each monthly payment. All fees paid pursuant to this Agreement shall be from County budgeted and appropriated funds. ITS shall submit its monthly invoices to the Brazos County Auditor, at 200 South Texas Avenue, Suite 218, Bryan, Texas 77803. IV. EXPENSES In addition to payment of the Annual Fees, Brazos County understands and agrees to reimburse ITS for all expenses incurred in connection with the Engagement related to subconsultants and graphic needs. ITS will seek approval from Commissioners Court for any direct expense prior to incurring the expense. ITS agrees to provide Brazos County an invoice detailing all Expenses incurred during the prior period. Brazos County agrees to reimburse ITS for such Expenses in accordance with County's normal billing processes. V. TERM The period of performance under this Agreement shall be for a two year period to commence on August 1, 2020, and continue through July 31, 2022, with an option to renew for three additional one-year terms at the discretion of the County, for a maximum of five years. Unless terminated in accordance with the terms set forth herein, this Agreement shall continue month to month after the initial term period until renewed by the County. Upon County's exercise of its option to renew, E E. �6 P9. /o both parties shall agree to a budget amount for the new term. In the event the County does not exercise its option to renew, this Agreement shall terminate thirty (30) days after receipt by Consultant of County's written Notice to terminate. VI. PROVISIONS Services covered by this authorization shall be performed in accordance with the following Provisions: 1. AUTHORIZATION TO PROCEED Signing this form shall be construed as authorization by CLIENT for Innovative Transportation Solutions ("ITS") to proceed with work, unless otherwise provided for in the authorization. 2. COST ESTIMATES Any cost estimates provided by ITS will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures ITS cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. 3. PROFESSIONAL STANDARDS ITS shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in CLIENT'S community, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. ITS makes no other warranty, expressed or implied. 4. LEGAL EXPENSES In the event legal action is brought by CLIENT or ITS against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs, and expenses as may be set by the court. 5. ADDITIONAL SERVICES Services in addition to those specified in the "Scope" above, will be provided by ITS if authorized in a separate addendum signed by both parties. Additional services will be paid for by CLIENT as negotiated. Any agent of the CLIENT who has authorization to request or authorize work or in any way act on behalf of the CLIENT must sign this agreement or be appointed by the CLIENT through written notification to ITS. The CLIENT's signature indicates his / her agreement to pay for changes in the scope of work requested by such an agent acting on behalf of the CLIENT. 6. NON ASSIGNABLE CONTRACT Neither party shall assign this contract, except with written consent of the other party. 0 7. SEVERABILITY CLAUSE In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 8. CONFLICT OF INTEREST It is understood that as a consulting firm, ITS works with a variety of clients throughout the region with a broad scope of interests. Should the occasion arise where an ITS client has interests that must be brought before the County, ITS will notify the County so that conflict of interest issues can be resolved. 9. INSURANCE ITS will maintain insurance coverage throughout the term of this contract and any subsequent extensions or renewals, meeting or exceeding the minimum limits published in the RFQ 20-094. These requirements include but are not limited to the following: a. Commercial general liability with a minimum limit of $1,000,000 per occurrence b. Automobile liability, owned/non-owned and hired, minimum limit of $1,000,000 c. Worker's compensation coverage, minimum statutory limit required d. Professional liability (E&O), minimum limit of $1,000,000 e. Additional requirements: - Additional insured on general liability and auto liability to the benefit of Brazos County - Waiver of subrogation on all insurance programs including professional will be endorsed in the favor or Brazos County - All insurance programs will be endorsed to provide a 30 day notice of cancellation to the certificate holder 10. ILLNESS OR DISEASE INDEMNIFICATION ITS assumes all risk for its agents, employees and guests arising out of, or related to, attendance at events, meetings or other related duties while in the performance of this contract, related to their exposure to other human beings and/or animals for the spread of illness or disease, including, but not limited to germs, viruses, bacteria and other infective or illness causing agents, and shall indemnify, defend and hold Brazos County harmless for any such exposure. VII. WITHDRAWAL Brazos County agrees that ITS shall be entitled to withdraw from the engagement upon failure of Brazos County to make timely payments as required by the Fee Agreement. Brazos County shall be entitled to withdraw from the engagement upon thirty (30) days written notice by Brazos County to ITS. Notices sent pursuant to this term, or any other notices required by the Agreement shall be sent via facsimile transmission or certified mail to the following addresses: 7 F Vol. 6 — Pg. Brazos County, Texas Innovative Transportation Solutions, Inc. 200 S. Texas Avenue 2701 Valley View Lane Bryan, TX 77803 Farmers Branch, Texas 75234 VIIL CONCLUSION ITS looks forward to the opportunity to assist you with your transportation needs. Thank you for your time and interest in our firm's qualifications. Should you have any questions or comments, please do not hesitate to contact me or Claud P. (Buz) Elsom III, P.E. at (972) 484-2525. Brazos County, Te By: Date: Duane Peters, County Judge Innovative By: Polster, President 8 Date: �3 (,� ZO von. � Ps' ! I f •1 ictoria County Juvcnilc.Justice Center 'Residential Services —Agreement '•Scptcmber i,.2022 - August 31, 202$ CONTRACT AND AGREEMENT FOR SECURE LONG TERM RESIDENTIAL SERVICE OF MENILE OFFENDERS SPACE`AVAMABLE` STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA COUNTY JUVENILE JUSTICE CENTER Residential Services September 1, 2022 — August 31, 2023 This Agreement is entered into :by and between Brazos County, acting by and through its .duly 5 .authorized representative. (hereinafter, ""juvenile Probation") and the Victoria County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning -residential care services pr'oirided at the Victoria County juvenile Justice Center (hereinafter "the Facility") by the,Vietoria County, Juvenile Services Department (Hereinafter, "Service Provider" ) pursuant to license granted by the Texas juvenile Justice Department, and/or any other appropriate State agency-with.licerisure. or regulatory authority over the facility ("Service Provider"). I ARTICLE I PURPOSE 1.01 The purpose of thisResidential Services Agreement is to provide juvenile Probation. with long term residential.care.for children adjudicated. to have committed delinquent conduct or conduct indicating a need for supervision. The Facility to be utilized is operated by Serviee:Provider,. and is located at 97 Foster Field Dr., Victoria,,T.exas 77904. , ARTICLE II TERM 2.01 The terns of this Agreement is.for 12 months commencing SeptgnAber 1, 2022 August 31, 2023. It shalt be automatically renewed for one year terms thereafter, commencing September Ut and ending_ . ,August,31st, unless one party notifies the other in writing, tit least.thirty (30) days prior to the expiration of said term, of -its intention to not renew this, Agreement. ARTICLE Ili .SERVICES 3.01 The two level of care services -delivery criteria as well as the regtdred description of the ,characteristics of children will be in accordance with the definitions determined.by the Texas Juvenilejustice_Department. Service Provider will. provide the following level of care services: EVol. Pa. Victoria, County Juvenile Justice Center Residential'Services Agreement September 1, 2022 — August 3.1,1023 A. Mode rate .Level of Care (Secure Past Adjudication) consists.of a structured, -supportive residential setting that is designed to maintain or Improve the child's functioning. It includes more than routine guidance and supervision to ensure the child's safety, involvement in age - appropriate structured activities, access to therapeutic, habilitative and medical intervention :and guidance from professionals or paraprofessionals to help the child attain or maintain 'functioning appropriate to the child's age and development. :Moderate tevel of -Care requires the facility meet all. applicable standards under Title 37 Texas Administrative Code. All Secure Post-adjudications,facilities that are registered with the Texas. Juvenile Justice Department and eertifted by the localjuvenile hoard qualify for the daily rate. :listed above. B. Specialized Level of, Care consists off -a structured, controlled residential treatment setting that is designed to provide appropriate supervision and a moderate level of therapeutic services to maintain or improve the. Child's functioning. These services reflect a full range of social,' psyc hosociat! fthd rehabilitative interventions and may include, but are not limited to, substance abuse services, sex offender treatment; special populations, mental health services and services for pregnant females.:Specialized programming is developed and implemented, by appropriately ciedentialed professionals. The provision of individual, group and family therapy and other therapeutic interventions and programs, are managed and administered by appropriately licensed mental health .professionals (e,g.,'psychJatrists, psychologists, therapists, counselors or paraprofessional staff under the direct supervision of professional therapists or'counselors). Review of a child'"s continued need for specialized, services shall be.conducted at least every 90 days by an appropriate mental health professional -and/or treatment team. Specialized Level of Care requires the facility meet all applicable' standards under Title 37 Texas Administrative Code. Secure Post adjudications facilities that are registered with the. Texas Juvenile Justice Department (TjjD) and certified by the local juvenile board may qualify for this higher level of funding'by submitting an application td TJJD for approval, 3.02 Service'Provider wJll perform. the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks,.recreation, perspnal Hygiene items, hair cuts, transportation, school supplies, and room, (rent, utilities, maintenance, telephone). B. Provide and document paraprofessional counseling, off -campus visits or furloughs, major incidents and worker contacts. Any and'all costs associatedwith oft campus visits or furloughs will be paid.by the parent or guardian,. C. Initiate and document meetings and attempted neetings among Service Provider, juvenile Probation .staff and contracted children for the purpose of justifying continued placement: Justification shall be done at a.minimum of every ninety (90) days. A copy of the placement justification shall lie:submitted to juvenile Probation within ten (10) working days. "D. Ensure that the child's parent(s) or legal guardians) and Juvenile Probation are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. Juvenile Probation and parents will be informed immediately if during working hours. After normal working hours, every effort will be made to notify•Juvenile 2. vol. 34 7 pg. //-- Victoria County Juvenite Justice Center Residential Services Agreement September 1, 2022, — August 31,1023 Probation and the, parents. In the event of serious illness or accidenf.and for -.any required follow=up care Service Provider -shall. be responsible for having the child transported to the nearest hospital or.. emergency care. facility. E. Ensure: that the resident is made available to the juvenile probation_ officer to participate, in .monthly status and progress reviews, as described in §341.506 A staff member,who, is knowledgeable about the..resident's progress in the .facility's programming participates in monthly status and progress reviews with the juvenile, probation officer and provides a monthly written summary of the resident's progress-inthe facility's programming and documentation is maintained in the residenes file. F. Document and maintain records of _all goods and: services provided to contracted children. These records -shall contain, but -are not limited to: hours of services provided, number of children.served; averageiength of stay,per client, total hours of counseling or treatment provided. These records shall be madeavailable: to juvenile Probation for periodic Inspection- 'G. Document and maintain records pertaining to the effectiveness -of goods and services provided to contracted. children. These records shall contain, but are not limited to: percentage of children in program successfully achieving set educational goals, percentage. Of children. achieving set vocational goals, percentage of children achieving set social skills .goals, percentage of youth demonstrating overall progress, and number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to juvenile Probation for periodic inspection. H. Any and all medical/psychiatric treatment and medication required to meet the needs of -the child, as -well as clothing, or other expenses not provided for in -the Service Provider's program; shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or'juvenile Probation, to be paid by either juvenile Probation, Medicaid or, health insurance. However in no case shall a child be denied any needed: medical/psychiatric treatment.or clothing due. to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 'The_performance of Service Provider in achieving the goals of juvenile Probation will be evaluated on the basis of the output and outcome measures contained hi this section. juvenile Probation, at its, discretion, njay use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile:Probation•shall . evaluate. Service Provider's performance under this Agreement ,according -to the following specific performance goals for Service Provider: 1. Ensure children complete. residential placement 2. Prevent re -referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Careas they progress in the treatment program. Vd. _�k7 p9. //� Victoria County Juvnile Justice Center :Residential Services Agreement September 1, 2022 — August 31, 2023 B. Juvenile Probation shall additionally evaluate Service Provider, by the following output measures (in actual numbers of units of service and activities):. 1. The total number of *children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number -of re -referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move.down in their Level of Care. 5. The average length of. time before a. child moves down in. the Level of Care. C. Juvenile:Probationshall further evaluate Service Provider lhy the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge,. 2. Percentage of children who.have completed their placement and not re -referrals within six (6) months.after'release. 3. Percentage of children who move down in their Level of Care. Notwithstanding -the foregoing criteria for evaluation, nothing herein shall be construed as a guaranty of outcome or perforniance, by any child.. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each,of the. foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this ;Agreement. ARTICLE V COMPENSAITON 5.01 For and in consideration. ofthe above -mentioned services, Juvenile Probation .agrees to pay the Service Provider the sum of $250.00 per. ,day for.each child admitted under "Specialized" Level of Care. The Levels of Care are defined by the Texas Juvenile Justice Department. The daily .rate shall be paid•to the Service Provider for each day a child is in residential treatment pursuant,to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. The Specialized Female Pregnant Offender Program. is recognized as a Specialized Treatment program and payment shall be at $300.00 per day: Payment is due within 30 days of receipt of billing and shall be mailed to: Victoria County Juvenile justice Center. 97 Foster Field Dr. Victoria, Texas 77904 ATT. Pama Rencerling, Chief jP0 5.02 Psychiatric services will be provided to the child on an as needed basis and shall be billed to Juvenile Probation. An initial :psychiatric/psychological evaluation that'has been conducted within the last 12 months is required prior to acceptance into the program. 5.03 Service Provider will submi.t:an.invoice.for payment of services to Juvenile Probation 4. Vd. e 7 pg. /%® Victoria County Juvenile Justice Center. 'Residential -Services Agreement September 1, 2022- August 31, 2023 on.a monthly'basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal cpntroI, including but not.limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost,. and total monthly cost. Each invoice received for payrnent will be reviewed by.Juverdle Probation in order to monitor Service Provider for financial compliance with this Agreement. I.nvoices submitted by Service Provider ir) proper form shall be paid by juvenile Probation in a timely manner.. 5.04 Juvenile Probation shall be responsible for all of the juvenile's, medical expenses, -and Juvenile Probation agrees to indemnify and hold the. Service Provider, its officers, administrator, representatives, agents, shareholders and'employeesfrom any and all liability for charges for medical expenses. If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside. the Facility (hereinafter, "Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility (hereinafter, "the Administrator") is•authorized to secure the Outside Treatment -at the expense of Juvenile Probation..The Administrator shall notify Juvenile Probation of Outside Treatment within twenty-four (24.) hours of its occurrence. Juvenile Probation shall make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization, prenatal services, and dental, for Post -Adjudication Program juveniles and other Juveniles for whom. the Adnunistrator'has not elected to. secure such services as provided herein above. In all other medical situations, the Service Provider is authorized, but not required, to make arrangements with vendors, at Juvenile Probation's request, for. the.provision of medical treatment at the expense of Juvenile Probation. If the Service Provider makes such arrangement, the Service Provider is authorized, but not required, to seek coverage or reimbursement of expenses from aII sources, including but not limited. to, Medicaid, Social Security, .medical insurance coverage, or contributions from parents or others and deducted from the invoice submitted to Juvenile Probation. Documentation must ,include the name(s) and SID numbers of the parties receiving the services, the dates and time services were provided and such other information deemed necessary for adequate fiscal control. 'In any event, responsibility for payment to vendors or reimbursement to Service Provider is the ultimate responsibility of Juvenile Probation. Service Provider will invoice Juvenile Probation for any non -reimbursed funds advanced by the Service Provider, and the. Juvenile Probation will remit to the Service.Provider, within 30 days of invoice, full and. final payment. .5.05 Service Provider shall account separately for the receipt and expenditure of any and Allstate funds received from Juvenile Probation under this Contract. Service -Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service.Provider has an outside audit completed on a yearly basis which specifies receipt.and expenditure of State funds. Service Provider shall.forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal .year. 2. If Service. Provider does not obtain an annual outside audit, then Service. -Provider shall provide a separate accounting of funds received from Juvenile Probation in. whole or in part paid :From state funds. The accounting shall clearly list the state funds received from juvenile Probation and account for expenditures of $aid funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation. thirty (30) days prior to the renewal date of the contract. Fvoi. 36 7 pg. �I 5 Victoria County Juvenile Justice Center Residential -Services Agreement September 1, 2022 — August 31, 2023 5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole -or in .part with grantor state funds and shall be subject to termination without penalty, either in whole or in part, if funds -are not available or are not appropriated by the Texas Legislature. 5.07 .In the event that State Reimbursement Rates are.increased :during the duration of the terms of this Contract, the new rates. will become. effective reflecting those of the increase. 5.08 Service Provider agrees to. make claims for payment or direct any payment disputes to Juvenile. Probation's Fiscal'Officer. Service Provider. will not contact other. department employees regarding any claims of payment.. 5.09 ' Service Provider will provide certification of eligibility to receive state.funds as required by TgXas Family Code Section 231.006. 5.10 Except to:the extent that a party to thus Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in. an effort to resolve any disputes related to this contract that. may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall besubmitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties -shall pay the costs of mediation services equally. ARTICLE VI ADDITIONAL TERMS 8r. AGREEMENTS 6.01. Prior to transporting a child to the Facility for placement, Juvenile Probation shall call the Facility ;to ensure that space is available. Placement of children. by juvenile Probation may be denied if space limitations require as determined. by ,the Facility. -6.02 A child will only be accepted in the Facility upon receipt by the Administrator of a proper order. from the Juvenile Court of'Brazos County and other documentation required by Service Provider.. 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct -as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from Juvenile Probation.and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, or unmanageable, unsuitable for the program or combination of such conditions or characteristics or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notifyJuvenile Probation of Brazos County of this`determination. It will be the responsibility of Juvenile Probation to provide for flee transportation for the.removal of the:.child and shall be removed as soon as practicable, but in no event longer -than seven (7y working days after notification. 6.05 :Service Provider,.agrees that the Facility will accept any -child who qualifies, without regard to .such child's religion,, race, creed, sex or national origin. 6:06 It is understood and agreed by .the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall ;not be discharged from the Facility until the. 14 VictoriaCountyJuvenile Justice Center Residential Services Agmemont September 1, 2022—August 31, 2023 Administrator of the Facility�receives a written authorization from the Juvenile Probation Department -that originally authorized the placement of the child. 6.07 It is.further understood and agreed by the parties that children placed in the Facility may be released to :the 7uv_enile Probation or other appropriate authority of. Brazos County pursuant -to: (a) Section 6:04 of this Contractor, (b) an Order, of Release signed by the Jucige of the Juvenile Court of Brazos .County. 6.08 ,It is further understood and agreed by the parties that nothing in this contract shall be construed to permif Brazos County, its agents, servants, or employees. iii any way to manage, control, direct or instruct Service'Provider, its director, officers, employees, agents, shareholders and designees 'many, manner.tespecting its work, duties or functions -pertaining to the maintenance: and operation of the Facility. Ho..wever, it.is also understood, that the Juvenile Court of Brazos County: shall control the.conditions�and terms of -detention supervision -as to a -particular childpursuant.to Texas Family Code;--Secti6n.51.12. 6.09 .juvenile Probation reserves the right -to terminate the child's- placement with Service Provider at its discretion.'Service Provider must not, release a child to `any person or agency other than Juvenile Probation without -the written consent of an authorized agent of,juvenile Probation. ARTICLE VII EXAMINATION OF PROGRAM. & RECORDS 7.01 Service Provider agrees that it will. permit Juvenile Probation to examine: and evaluate. its program of services provided•under the terms of this agreement and/or to review its record periodically. This examination and evaluation of .the program may include site visitation, observation of programs iri.operation, interview and the administration of questionnaires: to the~ staff of Service -Provider and the children when deemed necessary. 7,02 Service Provider shall provide. to.juvenile Probation such descriptive information contracted children as iequested on -forms provided by Juvenile Probation.. 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State, of Texas or Juvenile Probation any.and all books, documents or other evidence pertaining to the costs and expenses' of this ,Agreement. 7,04 $ervice Provider; will,keep. a record of all services provided ,to juvenile Probation under this agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished -as may be: requested by juvenile Probation. Service Provider will maintain the.records. (as (referenced above) for -seven (7) years after the termination of this. Agreement. 7.05 " Contractor -(aka "Service. Provider") understands that acceptance of funds under this.contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or 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 audit or investigation, including providing -all records requested. Contractor will ensure that this clause concerning the, authority- to audit funds received indirectly by subcontractors through the contractor and the requirement, to,.cooperate is included in any subcontract it awards." 7.06 Required Contract Provision for Contracts Subject to Federal Award (if applicable):.Pursuant to.2 CFR 200.326, a non -Federal entity's contracts must contain the -applicable provisions described in _ 7 Vol. �� Pq. -_.(9__ y Victoria County Juvenile Justice Center Residential Services Agreement September 1, 202.2 — August 31, 2023 Appendix II to. 2' CrR 200-Contract Provisions for non -Federal. Entity. Contracts tinder Federal Awards. Additionally, County contracts under _Federal award which are subject to assistance'from -the Federal Emergency Management Agency (FEMA) are also required to contain additional -contract clauses. Applicable clauses are incorporated by reference in. to this Agreement should it be subject to Federal award. ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01. :Service Provider -shall maintain strict confidentiality of all information.and records- relating to .childrerninvolved•iii.Juven le Probation, and shall not.re=disciose the information ekcept*as required to perform the services to be provided pursuant to this Contract, or as. may be required by law. ARTICLE IX DUTY TO REPORT' 9:01 Allegations Occurring Inside, the Facility: As required by Texas Family Code Chapter 261 and Title 37,Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees; interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program in the following .manner: A. For all allegations arid incidents except'sexual abuse and serious. physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1'. Local.law enforcement agency; and .2. Texas juvenile Justice Department by submitting.a TJJD Incident Report Form to facsimile number 17512-424-6717 (or if unable to complete the form within 24 -hours, then .by calling toll -free 1-877-786-7263, followed by submitting the report within 24 hours of said call). In addition, for serious. incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be. submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and 3. With respect to juveniles placed by Brazos -County Juvenile Probation Department, the TJJD Incident Report Form shall also be sent to Brazos County Juvenile Probation Department witlun'24 hours at facsimile number 979-823-4211. B: For.allegations and incidents.of sexual. abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the tiro a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; '2. Texas Juvenile Justice Department immediately, but no later than four (4.) hours from. the time a person gains knowledge of or suspects the alleged serious physical abuse or, sexual abuse. The initial report shall be Made by phone by calling toll -free 1-877-786-. 7.263. Within.:24 hours of the.repoct by phone, the completed TJJD Incident Report Forin shall be submitted by facsimile number 1-512-424-6717 ar by email; and ivol.- - Victoria County Juvenile Justice Center Residential Smices, Agreement September I, 2022—August.31, 2023 3. 'With respect fo children placed by Brazos CountyJuvenile.Probation. Department, the. TJJD Incident Report Form�shall also be sent to Brazos County Juvenile Probation Department within 24 hours.at facsinule number 979-8234211. 9,02 Allegations Occurring Outside the -Facility. Any person who witnesses, learns of receives, an oral or written statement from an alleged victim or -other person with knowledge or who. has a reasonable belief as to the occurrence.of alleged abuse,:neglect, exploitation, death or other serious incident involving.a child, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of.a program or -facility; shall be -immediately reported to law enforcement or to other appropriate governmental' unit as required in Texas Family Code Chapter 261. :9.03 As used within this Agreement: A. An allegatianor incident includes the witnessing, learning, or receiving an oral or written statement from an alleg4',victim.or,other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program. B,.. A serious -incident is attempted; escape, attempted suicide, escape, reportable injury, youth -on- youth physical assault orr youth sexual conduct. C. Sexual abuse is conduct committed by any person against a child that includes sexual abuse by contact or sexual abuse by non -contact. D. ;Serious physical abuse is;bodily harm or,condition fliai resulteddirectly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect -or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed -nurse ,practitioner;, emergency medical technician, paramedic or dental. E. .A juvenile justice facility IS:a facility, including its promises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing .board, juvenile -board orr by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves children underjuvenile court jurisdiction. The term includes: a public or private. juvenile post -adjudication secure correctional facility required to be :certified in.accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing children under juvenile court jurisdiction. F. A juventile justice program is. a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contractwith the governing board !or juvenile board that serves children under juvenile,court jurisdiction. or juvenile, board, jurisdiction The term includes a juvenile justice alternative education program and a non - .residential program that serves juvenile offenders while under the jurisdiction of, the juvenile court or juvenile board .jurisdiction and a juvenile probation department. ARTICLE X CRDvHMAL HISTORY SEARCHFS Victoriu:CountyJuvenileJustice Center Residential Services Agreement September 1, 2022 — August 31, 2023 10.01 Criminal:histbry segelies.shall be•conducted. by Service Provider for any and all of its employees, interns, Volunteers or contractors providing: services in a juvenile justice facility or juvenile.justice program that may have direct unsupervised access to children in the Facility or program. 10.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department.of Public Safety. B. Local law enforcement sex offender registration records check through the Public. Sex Offender. Registry on the Texas Department of Public Safety website. C. 'Federal Bureau of Investigation fingerprint -based criminal history background search at the 'National-Crime.Informaiion Center; internet-based searches shall not be -used. to conduct this 'background search. 10.03 A copy.of -the initial criminal history report required by this Agreement and any reports reflecting_ subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising there from have been resolved. 10.04 As used within this Agreement, 4.dis4ualifyutg criminal history is a history that includes any one of the following: A. A felony conviction against the Iaws of this state, another state, or the United States within the past ten 10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past -ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state,. another state, or the United States within the past five (5) years; E: A deferred adjudication for a.jailable misdemeanor against the laws of this state, another state, °or the United States within the past five (5) years; F.. .A current ja0able:misdemeanor deferred adjudication,'probati'on or parole; or- G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal .Procedure. 10.05 In.' addition to. the criteria and time frames set forth in the above definition of disqualifying criminal history, an. individual must not have direct unsupervised access to cluldren in a facility or program until at least one year has elapsed since the completion of.any period of incarceration, community -supervision, or parole. 10.06 .Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice, facility or.a juvenile justice program. voi. _- � 7 pg. 10 Victoria County Juvenile.Justice Ccatef Residential ScMces Agmement September 112022 — August 31, 2Q33 10.07 Juvonile Probation reserves the<right, in its sole discretion, to prohibit any.individual with a prior . criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE XI DISCLOSURE OF INFORMATION 11.01 :ServiceProvider warrants that,.prior to entering. this Contract, it has verified and disclosed the following informationto juvenile Probation, and agrees -that it shall have art ongoing :affirmative duty under this Agreement to -promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A.: Any and'all.corrective action required by any of'Service Provider's licensing authorities; B. Any and alt litigation filed against the Service Provider,. or against its employees, interns, volunteers, subcontractors; agents and/or consultants that have. direct contact with children; C. Any arrest of any, employee, intern,•volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by Astate regulatory agency in a child abuse, neglect and/or exploitation investigation where an employee, intem, volunteer, subcontractor, agent and/or consultant of the Servile Provider that has direct contact with juvenileswAs the alleged or designated perpetrator; :E. The identity of any of the Service Provider's employees, -interns, volunteers, subcontractors, agents and/or consultants that have direct contachvith juveniles that are registered sex offenders; and F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles #hat have a criminal history. .For the purpose of this. Agreement, the term "criminal history" shall include: (l)current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past ,five years. -11.02 Service Provider agrees ah4 understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing, information as to any individual, whether !a:prospective of existing employee, intern„ volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a. position that involves direct -unsupervised contact with juveniles. in a juvenile justice facility or juvenile justice program. ARTICLE XH EQUAL OPPORTUNITY va. pgh. � Vietorin County Juvenile Justice Center Residential Services Agreement September 1, 2022 — August 31, 2623 -12.01 Service.Provider agrees to respect and protect the civil and IegaI rights of all children and their parents. It will notvnlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex religion, disability or national origin. Service Provider shall abide.by all applicable federal, state and local laws and regulations. ARTICLE XIII ASSIGNMENT & SUBCONTRACT 13.01 Service Provider'may not assign, or subcontract any- of its rights, duties and. /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE XIV OFFICIALS NOT TO BENEFIT 14.01 'No officer, employee or agent -of Juvenile Probation and no -member of its governing body and no other public. officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the.project, shall participate in any decision relating to .this Agreementwhich affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or .the proceeds thereof. ARTICLE XV DEFAULT '15.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole . or any part of. this Agreement, as it deems appropriate, in. any one of following circumstances:. A. If.Service Provider fails to perform, the work called for by this Agreement within the time specified. herein or any extension thereof; or B. 'If Service Provider fails to perform any of -the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and .C. In either of these two circumstances after, receiving .notice of default,. Service Provider does not cure such failure within a period of ten (1.0) days. ARTICLE XVI TERMINATION 16.01 This.Agreement may be terminated: A. By either -party upon ten (10) days written notice to the other. party of the intention to terminate or 12 Victoria County Juvenile Justice Center residential Services Ag=ment September 1, 2022--August 31. 2023 B. Upon expenditure of available funds.. 16.02 If at any time dofing the term of this agreement juvenile Probation, in its sole .discretion, determines that the safety of !children being served, tinder. this. Agreementmaybe in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but.not limited to the. obligation to pay; upon giving notice. to the Service Provider. ARTICLE XVII WAIVER OF SUBROGATION -17.01 -Service Provider expressly. waives any and all rights it may have.of subrogation to any claims or rights of its.employees, agents, owners, officers, or subcontractors against juvenile Probation. Service Provider also. waives any rights it may have to indemnification from.Juvenile Probation: ARTICLE XVIII REPRESENTATIONS & WARRANTIES' 18.01 :Service Provider hereby represents and warrants the following: .A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it hold all necessary. licenses and staff certifications to provide the type (s) of services being contracted for;'that it is in, compliance with all statutory. and regulatory requirements for the operations of.its business and that there ate no taxes due and owing to. the State of Texas, the County, of Victoria'or any political subdivision thereof; ,C.. Victoria County will maintain in force policies of general liability insurance against loss to any person or :property occasioned by acts or omissions of Service Provider providing limits of $100,O00, per occurrence and $300,000 aggregate. Certificate of Liability -Insurance shall be furnished to Juvehile Probation. Furthermore juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to juvenile Probation. D. That all of'its employeesjnterns, volunteers, subcontractors, agents and/or consultants will. be properly trauied.to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents linvolving a,:child under, the supervision of juvenile Probation.m =accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas juvenile Justice -Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that, if it.lias employees, interns, volunteers, subcontractors; agents and/or consultants that have contact with children in a juvenile justice facility or juvenile Justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Justice Department website: Notice to Public. Regarding Abuse, Neglect and -Exploitation and Notice to Employees Regarding.04se, Neglectatul g ploitatiort. Vol. :56 7 pg. 13 Victaria.County Juvenile Justice Center Residential Services Agreement September 1., 2022 — August 31, 2023 ARTICLE XIV TEXAS LAW TO APPLY 19.01 'This Agreement shall be construed under and in accordance with the Iaws of the State of Texas, -and all obligations of the parties created hereunder are performable in Victoria County,. Texas. 19.02 Service Provider verifies tf tat"it;does not.boycott Israel, and will not boycott IsraeI.during the term:of this contract. ARTICLE XX VENUE 20.01 To the extent permitted under the law, the venue for litigation arising from this Agreement is Victoria County,. Texas.. ARTICLE M. LEGAL CONSTRUCTION '21.01 In case any one or-n!bre of the provisions contained.in this Agreement shall for any reason be .held .to be invalid, illegal; or.uneniorceable in any respect, such invalidity, illegality,.or Uneiiforceable provision. shall. not affect any other provision thereof and thus Agreement shall be construed as if such- invalid, illegal or u}ienforceable provision had never been contained ' :therein. ARTICLE XXH' PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement.constitutes the sole and only Agreement of the parties hereto and supersedes ,any prior understandings or written or oral' agreement between the parties respecting the within subject matter. This Contract and Agreement is executed .w'ith the declared intention of the parties that this Contract -and Agreement is a .contract providing for the care of children who have committed an act of delinquency or an act indicating at need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge. of Brazos County having Juvenile jurisdiction., ARTICLE XXIII PRISON RAPE ELIMINATION ACT :23.0.1 Service Provider shall..adopt and 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 obligation's 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. [PREA 0115.312(a)]. Under PREA, Service Provider shall make available to the CPO 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 r +. §115,.387(e) and (f)] Vol. 7 Pg. r 14 VIC10 inCougtyJuvenileJuuteeQatar . ttwientlat Savices Agomitnt Septcntiber 1.2ff22—,Angusl3l;�023 Under PRBA, the Service Provider shall by subjected to.annual contract;monitoring,by juvenile Probation to, ensure: that;the Service Provider Is complyhtg with the PAHA standards to* 15 3x2f bjl• Ta .comply ytirY I►; this standard, the'Service ProWder. will ittake available tothe CPO .all inciden%�based'Aggregated sexual abti n data within 241tours of the;a2iegation. Under PIfBA;. juvenile. Probatton will wake the aggregated.,seitU6Jabuse .data for each Service Provider 'AWAilavie.to thepublic via the juvenile Probaiion•ivebsIte jL*RA.§ll0p9(b)j.. BXECUTBD IN DUPLICATE, EACH OF WHICHSHALL HAVE THE POLL FORCE AND EFFHCt OF AN ORIGINAL. lN' WITNI3SS WHBRHOF, we here.unfo afflx'our signature this ��day of �� 20ZR:-. Brazos County i obation Department ' Linda Ricketson, Chief iivenite Probation Officer Dame Peters, Aiitliorized O cm Victoria County juvetk& justice Center its,tyude Page 134 of Victoria County Javeaite Justiee.Center Detention. Semices Agreement September 1; 2022— August 31, 2023 CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM -TERM DETENTION OF TUVENILE OFFENDERS SPACE. AVAILABLE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA. COUNTY JUVENILE JUSTICE CENTER Detention Services September 1, 2022 - Augast 31, 2023 This Agreement is entered into by and between Brazos County, acting by and through its7 duly authorized representative( Hereinafter "juvenile Probation") and the Victoriaa-County juvenile Board, acting by and through its duly authorized representative and the County Judge, concerning, detention services provided at the Victoria County juvenile justice Center ( hereinafter "the Facility") by the Victoria County Juvenile Services Department ( hereinafter "Service Provider") pursuant to license granted by the Texas juvenile Justice Department and/or any other appropriate .State agency with licensure or regulatory authority over ttiis facility ("Service Provider"). ARTICLE I PURPOSE 1.01 'Whereas Brazos County, in order to carry out and conduct its -juvenile program in Accordance with the juvenile justice Code, Title III of the Texas Family Code has need of the use of detention facilities to .House and maintain. children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status or in the post dispositional treatment prescribed by the Court. The placement facility to be utilized is owned and operated by Service Provider, and is located at 97 Foster Field Dr, Victoria, Texas 779.04. ARTICLE II TERM 2.01 The term of this Agreementis for 12 months commencing September 1, 2022 - August 31, 2023. It shall be automatically renewed for one year terms thereafter, commencing September 1st and ending August 31st, 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. ARTICLE III PROVISIONS OF SERVICES 3.01 A. :Service Provider will provide: room and board, supervision twenty. -four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall.not provide or pay for emergency examination, treatment, or hospitalization outside the.Facility); an approved education grogram; recreation facilities; and counseling to each child placed within the Facility. Victoria County Juvenile Justice Center Detention Services Agreement September 1.2022— August 31, 2023 B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is.required for a child placed in the Facility, the Administrator of the Facility is authorized to secure .the Outside Treatment at the expense of Juvenile Probation and agrees to reimburse Service Provider, its officers, directors, representatives, agents, shareholders and employees for any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment with twenty. -four (24) hours of its occurrence,. C. Children from Juvenile Probation who are alleged to'have engaged in delinquent conduct, or conduct indicating a.need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any juvenile Court having jurisdiction or its designated official. Children not released within forty-eight (48) :hours' .(excluding weekends and holidays) must have.a detention hearing in the appropriate Juvenile Courtin accordance with the Texas Family Code,.Title III (Section 54.01). Jf the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention Facility prior to the child's re -admission.. D. Each child placed. in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. E. Acceptance of a child by the Facility will be determined by space availability. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with, the juvenile Justice and .Delinquency Prevention. Act or those "juveniles who are charged with or has committed ,offenses that would not be criminal if committed by an adult or offenses which do not ,constitute violations of valid court order, or such non -offenders as' dependent or neglected children." Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act..No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and, released by a medical professional. If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically 'unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator. shall.notify Juvenile Probation of this determination. The .child shall immediately be removed from the Facility but in no- event no longer than forty eight (48) hours.after notification. It will be the responsibility of. Juvenile Probation, at its expense, to:provide for the transportation for the 'removal of the child. F. Service Provider agrees .that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed in pre -adjudication .care in the Facility shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the Court Order issued at the conclusion of the initial detention hearing by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and, a copy of the new Order has been delivered to .the Facility, or unless a waiver of the ten (10) working day hearing has been 2 I - !_J Vol. .36 7 pg. /M Victoria County Juvenile Justice Center .Detention Services Agreement Septcmbcr 1. 2022— August 31,.2023 executed :and a.signed copy of the waiver is received by -the Facility. A copy of the Order issued pursuant to the waiver shall be furnished to theFacility. The.same understanding :and agreement .between the parties exists with the exception that court orders may authorize detention for up to fifteen 05) working days after the initial hearing and detention period. H. -It is further understood and agreed by the parties that, children may be -.released to the Probation Officer or other appropriate authority of juvenile Probation pursuant to: (a) paragraph E of this Artirle,-(b) an Order of Release signed by the Judge of the .juvenile Court of the Brazos County- J. Service Provider shall be in compliance with all standards and requirements of the Texas 'Juvenile Justice Department and all applicable State and Federal law. K. Service Provider shall provide twenty (24) hour supervision for each child, including awake staff during sleeping hours in a Secure -Facility. I- Each child placed in the Facility shall.be provided the opportunity to complete the Massachusetts'Youth Screening Instrument (MAYSI2) as required by the Texas juvenile. Justice Department. Facility personnel administering the MAYSI--2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then'be.promptlyprovided to Juvenile Probation of the detaining county. M. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. N. Jt is •further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation,'its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties -or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions And terms of detention supervision as to a particular child pursuant to the Texas Family .Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above -mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $150.00 per day for each child. The daily -rate shall be paid to Service Provider.for each day &.child is in detention. The!cost is based on the projected actual .cost of care for children in the facility. Juvenile Probation shall receive a detailed statement each month when it has placed a child in the 'Facility. Payment is due within 30 days of receipt of billing and shall be mailed to. Victoria -County juvenile justice Center 97 Foster Field Dr. Victoria, Texas 77904 AM Pama Hencerling, Chief JPO 3 vd. _"347 pg./o-% 'Victoria County Jgvcgile Justice Center Detention Services Agreement September 1. 2022- August 3l, 2023 -4.02 Psychological -services will'beprovided to the child on.anas needed basis.at the.request of the Juvenile Probation Department and shall he paid for by the Department. 4.03 .Service Provider will submit an invoice for payment of services to juvenile Probation on -.a monthly basis. Said invoice shall be submitted with .ten (10) working days following the. end of the invoiced month and shall include information deemed necessary for adequate fiscal control, includ ng.but not limited to. to be attributed to. specific..clients.if appropriate, daie.seXWce was rendered, total daily cost, antl-total monthly cost Each. invoice xeceived for payment will-be'reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement, Invoices submitted by Service Provider m proper -form. shall be paid by juvenile Probation in a timely manner. 4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract: Service Pr. ovider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the Annual. outside audit to juvenile Probation by March 1 following the end of the fiscal year. 2.. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide.a separate accounting of funds received from juvenile Probation in whole or in -part paid from state funds. The accounting shall clearly list the. state funds .received from juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax'forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal. date of the contract 4.05 It is -understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or. state funds and shall be subject to termination. without penalty, either in whole or in part, if funds are not available or are not appropriated by Ehe Texas Legislature. 4.06 Service Provider agrees to make claims for, payment or direct any -payment disputes to juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 107 :Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.08 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that :may;arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties, resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator, to mediate the dispute, and ihe.parties.shall pay the costs of mediation services equally. 4.09 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 4 Victoria County Juvende.Justice Center Detention Services Agreement Septtmbcr 1, 2022— August3l, 2023 ARTICLE V ADDITIONAL TERMS & AGREEMENTS -5.01 Prior to' transporting a child to the Facility -for placement in -Secure Short -Term Detention, juvenite-Probation shall call the Facility to ensure that space is available. Placement of children -by authorized officers of juvenile Probation maybe denied.if space limitations. require as determined by the Facility. -5.02 .A child will only -be accepted in, the Facility upon receipt by the Facility.Administrator of a proper-order/authorization from the juvenile Court of Brazos County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS -6.01 Service Provider agrees that it will permit Juvenile Proba tion to examine and evaluate its. program of services provided. under the terms of this agreement and/or to review its record periodically. This examination and evaluation of the program may include site visitation; observation of programs in operation, -interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to juvenile Probation such descriptive information on contracted children as requested.on forms provided by -juvenile Probation. 6.03 .For purpose of evaluation, inspection, auditing or reproduction, ServicePProvider agrees to maintain and make available to authorized representatives of the State of Texas or juvenile Proration any and all books, documents or other evidence pertaining. to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of all servicesprovided to juvenile Probation under -this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be .requested by juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this,Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or -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 audit or investigation, including providing all records requested. Contractor will ensure that this clause. concerning the authority'to audit funds received indirectly -by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract.it awards." 6.06 Required. Contract Provision. for Contracts Subject to Federal Award (if applicable): Pursuant to.2 CF,R 200.326, a non -Federal entity's contracts must contain the applicable provisions described. in Appendix'I to 2 CFR 200-Contract Provisions for non -Federal Entity Contracts under Federal Vol. a & Pg. Victoria County Juvenile.lustice Center Detention -Services Agreement September 1, 2022—August 31, 2023 :Awards. Additionally, County -contracts under Federal award which are subject to assistance from.the Federal Emergency: .Management:Agency (FEMA) are also required to contain additional contract clauses. Applicable clauses are incorporated by reference in to this Agreement should it be subject to Federal award. ARTICLE VII CONFIDENTIALITY'OF RECORDS 7.01 Service Provider shaII 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 maybe required bylaw., ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Insidelhe Facility. As required by Texas Family Code Chapter-261 and Title - 37 Texas Administrative. Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns,.volunteers•or contractors, shall:report any 41lpgatioit or incident of abuse, neglect, exploitation; death.or other serious incident involving a child in a juvenile justice facility or . juvenile justice program in the following manner: ` A. For all allegations and incidents except sexual abuse.and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following 1. Local law enforcement agency; and 2. Texas Juvenile justice Department by submitting a TJJD Incident Report Form to -facsimile number 1!512-424-6717 (or if unable to complete the form within 24 hours; then by calling toll -free 1-877-786-7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or - other medical documentation that contains evidence of medical treatment pertinent to the reported -incident shall. be. submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and. .3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form Shall also be sent to Juvenile, Probation. within 24 hours at facsimile number 979-823- 4211 and Service. -Provider shall contact Juvenile Probation by telephone at 979-823-3544 within 24 hours. B. .For allegations:and incidents of sexual abuse or serious physical abuse: 1. Local lain enforcement agency immediately, but no later than.one .(1)-hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be -made by phone to law enforcement; .2. Texas juvenile Justice Department immediately, but no later than four (4) hours from: the time a person gains knowledge of or suspects the alleged serious physical abuse or sexualabuse. The initial report shall be made by phone by calling toll -free 1-877:786- t, voi. 7 pg. i_ .3_ 6 Victoria County Juvenile Justice Center Detention Services Agreement ,September 1, 2022— August 31, 2023 7263. Within24 hours of the report by phone, the completed TffD Incident Report Form shall be submitted by -facsimile number 1-512-424-6717 or by email; and 3. With respect to children placed by Juvenile"Probation, the TJJD Incident Report Form shall also'be sent to juvenile Probation within.24 hours at facsimile number 979-823- 4211: 8.02 .Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable: belief as to the occurrence of alleged abuse, neglect; exploitation, death or other serious incident involving a juvenile, but that -is not alleged to involve an.emgloyee, intern, volunteer, contractor, or service provider of a program; or facility, shall be- immediately .reported to, law enforcement or to -other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used, within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable. belief or knowledge as to .the occurrence or an -alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile -in ajuvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape; reportable injury, youth -on - youth physical assault or youth sexual conduct. .0 Sexual.abuse"is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the - conduct that.formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires" medical treatment by a physician, physician assistant, licensed nurse practitioner,. emergency medical technician, paramedic or dental. E. A.juvenile justice facility is a facility,"including its premises and affiliated sites, -whether ,contiguous or detached, operated wholly or partlyby or under the authority.of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term 'includes: a public or private juvenile post -adjudication secure correctional facility required to be- certified.in accordance with the Texas Family Code; and a public.or private non -secure juvenile past adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the -governing board, juvenile board or by -a private vendor under contract with the governing board or juvenile'board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non- residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. V(A. ,;�67 Pg. /33 Victoria County Juvegile Justice Center Detention Services Agreement -September 1,2022-August 31, 2023 ARTICLE IX CRIMINAL HISTORY SEARCHES it r 9.01 .Criminal history searches shall be -conducted by Service Provider for any and all of its employees, :interns, volunteers or contractors .providing services in a juvenile justice facility or juvenile justice, =v program .that may have direct unsupervised access to children in the facility or. program. 9.02 Criminal. -history -searches shall include the following: A. Texas .criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement -sex offender registration records check through the Public Sex Offender Registry on. the Texas Department of. Public Safety welisite. C: Federal Bureau .of Investigation fingerprint -based criminal history background search at the National'Crime Information Center; internet based searches shall not'be used to conduct this background search.. 9.03 A;copy of the initial criminal history reportrequired by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the in.dividuars employment or period of service; minimum of three (3) years; or until -any pending litigation, claim, audit or review and all questions arising there from have been resolved. 9.04. As used -within this Agreement, a disqualifying•criminal.history is a ).story that includes any one of the.following: A. A felony conviction against the laws of this state, another state, or the United States within the past'ten 10).yeors, B, A deferred adjudication. for a felony against the laws of this state, another state, or the United .States within the past ten (10) years;- C. A current_felony deferred adjudication, probation or parole; D. A.jailable misdemeanor.conviction against the laws of this state, another state, or the United .States within the past five (5) years; E: A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, .or•the United States within the past five (5) years; F. :A.current.jailable misdemeanor deferred adjudication; probation or parole; or G. The.requirement to register as a sex offender under Chapter 62 of the -Texas Code of Criminal 'Procedure. '9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual most not have direct unsupervised access to children in a facility or program until at least one year.has elapsed since the completion of -any period of incarceration, community supeivision,.or parole. Victoria County JavenileJastice Center Detention Services Agreement September 1, 2022= August 31, 2023 9.06 Any of Service Provider's employees, interns, volunteers or contractors with.a disqualifying criminal history shall be irohibited from.having direct unsupervised access to children in a juvenile justice .facility,or a juvenile justice program. 9.07 Juvenile'Probation.reserves the right, in its sole discretion, to prohibit any individual with a prior -criminal history from being placed in a position that involves direct unsupervised contactwith .children. ART.(CLE X DISCLOSURE OF INFORMATION 10.01 Service Provider, warrants. that; prior to entering this -contract, -it has'verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and: disclose in sufficient detail this same information to -juvenile Probation: A. Any and allcorrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; D. Any funding of "Reason to Believe" by a state regulatory agency in_a child abuse, neglect and exploitationinvestigation where an employee, intern, volunteer,,subcontractor, agent and/or consultant of the Service Provider that has direct contaci with children was the alleged or designated perpetrator; E. ' The.identityof any -of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or gonsultants that have direct contact with children that are registered sex offenders; and F. The identity of any, of Service Provider's employees, interns, volunteers, subcontractors, agents ;and/or consultants that, have direct contact with children that have.g criminal history. For the purpose of :this; Agreetrient, the term"criminal history" shall include: (1) current felony or -misdemeanor. probation or parole; (2) a felony conviction or deferred adjudication within the .past ten years; -or (3.) a jailable misdemeanor conviction or deferred adjudication within the past .five years, 10.02 Service Provider�agrees and understands• it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or -existing employee, intern, volunteer, subcontractor, agent and/or consultant of the. Service Provider; prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a,JuvenHe justice facility or juvenile justice program. Vol. pg.13s' Victoria County Juvenile Justice Center Detention Services Agreement September 1,;2022— August 31. 2023 ARTICLE XI EQUAL OPPORTUNITY" 1.1.01 Service Provider agrees to respect and protect the.civil and.legal rights of all'children and their -parents. It will not-unlawfully.discriminate against employee, prospective employee,: child, childcare provider, or parent on,the basis of race,:sex,.:religion, disability or national origin. Service'Provider shall abide by all applicable federal, state and, local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 .Service Provider may not -assign or subcontract. any of its rights, duties and /or obligations arising out of this Agreement without the written consent.of Juvenile Probation. ARTICLE X111 OFFICIALS NOT TO BENEFIT 13.01 'No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the: governing body of. the Locality or Iocalities in which the project is :situated or being carried who exercise any functions or responsibilities in the project, -shall participate in any decision relating to this Agreementwhich affects or conflicts with his/her personal interest -or have any personal or pecuniary interest, direct or indirect, in. this Agreement or the proceedg1hereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by -written notice of default to Service Provider, terminate the whole :or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work -called for -by this Agreement within the time :specified.herein or.any extension thereof; or B.. If Service Provider fails to perform any -of the other material provisions of this Agreement,. including failure to Achieve the .defined goals; outcomes, and outputs, or so fails to prosecute the work as -to -endanger -the performance of this Agreement in accordance with its terms and in either of these two .circumstances after receiving notice of default; Service.Provider does not cure.such failure within a period of ten (10) days. :15.01 This Agreement may be terminated, ARTICLE XV TERMINATION Vol. 7 pg, 10 Victoria County Juvenile Justice Center Detention Services Agreement �cpteinber 1, 2022— August 31, 2023 A. By either party upon ten (10) .days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 Tf at anytime during the term -of this agreemept juvenile Probation, in.its Sole discretion; determines that the safety of children being served under this. Agreement maybe in jeopardy, Juvenile Probation may.immediately suspend the effect of this Agreement, ineluding but not limited to the obligation to pay, upon giving notice to the Service Provider; ARTICLE XVI WAIVER OF SUBROGATION `16.01 -Service Providerexpressly waives any and all rights it may have of subrogation to any claims or.rights of its employees, agents, -owners, officers, or subcontractors against Juvenile Probation. Service Provider.also waives -any rights it may have to indemnification from juvenile Probation. ARTICLE XVH REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and.warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; .B. `That it is qualified to, do business in the. State of Texas; that it hold all necessary licenses and staff . certifications to provide the type (s) of services being contractedfor; that.it'is in compliance with all statutory and regulatory requirements for the operations of its business and that there are•tio taxes due and owing to the State of Texas, the County of Victoria or any political subdivision thereof; C. 'Victoria County will maintain in force policies of general habilitS+ insurance against loss to any person or property occasioned by acts or omissions of Service Provider providing limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance shall be furnished to juvenile Probation. Furthermore Juvenile Probation shall be notified immediately upon any changes in the status of the insurance• policy and shall promptly furnish updated certificates of insurance to juvenile Probation. D. That all of,its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of Juvenile.Probation in accordance with the requirements of Texas Fanuly.Cdde Chapter 261 and any applicable Texas juvenile Justice Department administrative rules regarding abuse, neglect, :exploitatioii,.death or serious incidents; -and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contaci-with children in a juvenile justice facility or juvenile justice program,,. then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on, the Texas Juvenile Probation Commission website: Notice to Public Regarding Abase, Neglect and fx loitation and Vol. 7 pg. 1J. 7 11 Victoria County Juvenile Justice Center Detention Services Aga:emcnt September 1, 2022 : August 31, 2023 Notice Io Employees itegarriitzg A-buse, .Neglect and Exploitation. ARTICLE XVM TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the.laws•of the State of Texas, and all obligations of the parties created hereunder are performable.in Victoria County, Texas, 18.02 Service Provider verifies that -it does not Boycott Israel and will not boycott Israel during the term of this contract.. ARTICLE XIX VENUE 19.01 To the extent permitted under the law, the venue for litigation arising from this Agreement is Victoria County, Texas. ARTICLE XX LEGAL CONSTRUCTION 24.01 'In case any '.one or more of the; provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any.respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof.and this Agreement shall .be construed as if.such invalid, illegal or unenforceable provision, had never been contained .therein. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written. or oral Agreement between the parties respecting the within subject matter. -This Contract and Agreement is, executed with the declared intention of the parties•that this Contract -and Agreement is a contract providing for the care of children who have allegedly committed an Oct: of°delinquency or an act indicating a need for supervision, and payment for such care will, be made. 1y. Juvenile Probation for the.children placed in the Facility by the judge of Brazos County having juvenile jurisdiction ARTICLE XXH PRISON RAPE ELIMINATION ACT 22.01 :Service Provider. shall .adoptand 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:PrisonRape 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 liousing-adult and juvenile offenders. [PREA §115:312(a)]. Under PREA, Service Provider shall make available to the CPO .all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be va 5 7 �g. ,.. '12 Vittorio-Oftty duvenUe dusttce Centtr Dctcattoa Services Agrameat September 1.2022—Aupst31.2023 requested bythe Department of justFce-from the previous calendaryear no later than June 30. [PREA 915.387(e) and (01 Under PREA,, the Service Provider shall be subjected to annual contract monitoring by juvenile Probation to ensure that the Service Provider is complying with the -PREA standards [PREA §115.312{6jj. To comply with this sfandard the Service Provider will make available to the CPO .all incident: based iagg`regated sexual abuse data within?A-hours of the allegation. Under .PREA, juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the juvenile Probation website [PAt A §115.389(b)]. EXECUTED IN DUPIJCATE,=EACH OF WHICH -SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF, we hereuhEo affix our signature this "G 1 day of xTulq 20L. Brazos County Victoria County juvenile justice Center Probation Department Linda Iticketsan, Chlef� dy6r le Pr6bat€ait Officer BARM r;County Judge Duane Peters, 13 Vol. C�47 pg. page lig of 186 TXMAS CLIENT MEMBERSHIP AGREEMENT This Membership Agreement (this "Agreement") is made and entered into effective as of June 29, 2022(" Effective Date") by and between% (' ("Client") and Information Discovery Services, LLC, a Texas limited liability compa (hereinafter called "Provider") for services procured under TXMAS 19-738x01. RECITALS: WHEREAS, Client requires certain background investigation services as described herein in further detail for its applicants for employment and employees (referred to herein sometimes as a "Consumer" and sometimes as a "Subject") and Client desires Provider to provide these services (referred to herein as the "Services"); WHEREAS, Provider is licensed to provide the Services; and WHEREAS, Provider desires to provide the Services and Client desires to engage Provider to provide the Services, all on the terms and conditions set forth herein. AGREEMENT: NOW THEREFORE, for and in consideration of the mutual covenants, promises, and payments as are hereinafter set forth, and other good and sufficient consideration, the sufficiency of which is hereby acknowledged, Client and Provider hereby agree as follows: 1. ENGAGEMENT ETC 1.1. General Engagement. Client hereby engages Provider to provide the Services described on Exhibit A or otherwise set forth in this Agreement on Client's applicants and employees and Provider hereby accepts such engagement according to the terms and conditions of this Agreement. 1.2. Qualifications. Provider represents that Provider possesses current licenses to operate as a provider of the Services in the states where the Facilities are located. 1.3., Provider Employees. Any person hired by the Provider to provide services pursuant to this Agreement shall possess appropriate skill, expertise, qualifications, and licenses as may be required for the Provider to provide the Services. 1.4. Changes in Services. If Provider decides to voluntarily add, limit, or discontinue any of the Services, it will provide Client with written notice of such action at least ninety (90) days prior to such addition, limitation, or discontinuation. If Provider must involuntarily limit or discontinue any the Services, it will provide Client with written notice as soon as possible upon learning of such limitation or discontinuation. 1.5. Securijy. Provider and/or its employees shall cooperate with all necessary security arrangements provided by the Client. 1.6. Reports. Provider agrees to provide consumer background screening reports, investigations, and other services (as set forth in Exhibit A) to Client. References to "Reports" refer to the actual Report, as well as all individual information contained in the Report and any information resulting from an investigation, inquiry or other service(s) provided whether written or verbal. Client represents that TXMAS Client Membership Agreement Vol•7 Pg. it is an existing business with a legitimate need for Reports offered by Provider. The Client shall be the end user of all Reports, shall not resell or otherwise transfer Reports to any other party unless. required by law to do so and shall use the Reports only for the purposes specified in Section 2.1. Subject to the accuracy of information provided to the Provider by reputable sources including information provided by the Client, the Provider will use commercially reasonable efforts to submit complete and accurate Reports to the Client; provided that the Provider will not guarantee the completeness or accuracy of any Report. Reports other information and services provided by Provider are provided "AS -IS" and Provider disclaims any warranties of any kind, either expressed or implied. Provider does not guarantee the merchantability or fitness for a particular purpose of Reports or other information provided by CIient. 1.7 Client's Responsibilities. Client is responsible for ensuring security, confidentiality and authorization of access to Reports. Accordingly, Client shall implement and maintain the following minimum security standards and practices: (i) Client shall only allow its employees with a need to know such information in the performance of their job duties to have access to Reports, account user names, account numbers and passwords and Client shall maintain all such information with strict security and confidentiality; (ii) Client shall maintain facilities and systems adequate to protect such information from unauthorized access (including physical and electronic security); (iii) Client shall ensure that any devices used to order, receive or view Reports are located in a secure location of Client's facility and that such devices are locked and turned off after normal business hours or any other time when not being used by the authorized employees referenced above; (iv) Client shall change passwords periodically in accordance with then -prevailing industry standard security policies and/or applicable governmental regulations; (v) Client shall promptly advise Provider in writing when any Client user name and/or password should be blocked due to an employee termination, resignation, etc., thus allowing Provider to block the user name and/or password from further use; (vi) Client shall monitor the access and usage of its systems to detect any unauthorized access and usage that might compromise the confidentiality of Reports; (vii) Client shall review its monthly Provider invoices as one method of detecting unauthorized usage and promptly report any suspected violations to Provider; and (viii) Client shall comply with the Federal Trade Commission's Disposal Rule (ww.fic.gov/opa/2004/11/factadjsposal.htm) in order to properly dispose of Reports. 1.8 Audit -Bights. Client shall comply with procedures and guidelines established by Provider regarding the ordering and use of Report information. Provider has the right to reasonable evidence of Client's compliance with applicable laws and this Agreement and Client shall cooperate with such reasonable requests. Upon reasonable notice, Provider may conduct periodic audits of Client's compliance with its obligations under this Agreement and with applicable Iaws during regular business hours. 2. LEGAL COMPLIANCE 2.1 Certification of FCRA -- Permissible Purpose(s). CIient hereby requests Reports from Provider and the resulting Reports shall be used, and Provider agrees it will furnish such Reports, for the TXMAS Client Membership Agreement 'Vol. 7 pg. /!�/ following Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., permissible purposes only: 2.1.1 Section 604(a)(1). As ordered by a court or federal grand jury subpoena; 2.1.2. Section 604(a)(2). As instructed by the Consumer to whom it relates in writing: 2.1.3. Section 604(a)(3)(A). For the extension of credit as a result of an application from a Consumer, or the review or collection of a Consumer's account; 2.1.4. Section 604(a)(3)(B). For employment purposes including evaluating a Consumer for employment, promotion, reassignment or retention as an employee, where the Consumer has given prior written permission; 2.1.5. Section 604 (a)(3)(D). To determine a Consumer's eligibility for a license or other benefit granted -by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; 2.1.6 Section 604(a)(3)(E). For use by a potential investor or servicer, or current insurer, in evaluating and/or assembling the credit or prepayment risk associated with an existing credit obligation; 2.1.7. Section 604(a)(3)(F)(i). Where there is a legitimate business need, in connection with a business transaction that is initiated by the Consumer. 2.2. When ReQorts are Used for Employment Purposes. If the Reports Client obtains from Provider are to be used for an employment purpose, Client agrees that prior to obtaining or causing a "consumer report" and/or "investigative consumer report" to be obtained, a clear and conspicuous disclosure, in a document consisting solely of the disclosure, will be made in writing to the Consumer explaining that a Consumer Report and/or investigative Consumer Report may be obtained for employment purposes. The Consumer will have authorized, in writing, the obtaining of the Report by Client. If the Consumer is denied employment, or other adverse employment action is taken based in whole or in part on the information products provided by Provider, Client will provide to.the Consumer: (1) a copy of the Report, and (2) a description, in writing,: of the rights of the Consumer entitled: "A Summary of Your Rights Under the Fair Credit Reporting Act". After the appropriate waiting period, Client will issue to the Consumer notice of the adverse action taken, including the statutorily required notices identified in Section 615 of the Fair Credit Reporting Act. Client hereby acknowledges that it has received a copy of the Summary of Rights (16 C.F.R. Part 601, Appendix A) and Notice of User Responsibility (16 C.F.R. Part 601, Appendix Q. 2.3 • Investigative Consumer Reports. In addition to the requirements described above, Client will include a statement in the disclosure that the Consumer has the right to request the nature and scope of any investigative Consumer report and a copy of the document entitled "A Summary of Your Rights Under the Fair Credit Reporting Act". In the disclosure if the Consumer makes a written request within a reasonable amount of time, Client will provide: (1) information about whether an investigative Consumer report has been requested; (2) if an investigative Consumer report has been requested, written disclosure of the nature and scope of the investigation requested; (3) Provider's contact information, including complete address and toll -free telephone number; and (4) a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act" as described above. Client will provide this information no later than five (5) days after the request for such disclosure was received from the Consumer or such report was first requested. Vol. fe 7 Pg. TXMAS Client Membership Agreement 2.4 Security Requirements. The parties acknowledge they must work together to protect the privacy of Consumers. The following measures are designed to reduce unauthorized access of Consumer reports. In accessing Consumer information, CIient agrees to the following: 2.4.1 - Client Facilities wiII take reasonable precautions to protect their account number and password so that only specifically designated personnel employed by Client know this sensitive information, including not posting this information anywhere in the Facility. Client agrees to change account passwords immediately if a person who knows the password leaves Client or no longer needs to have access due to a change in duties. 2.4.2. Client agrees that system access software, whether developed by Client or purchased from a third party vendor, will have Client's account number and password "hidden" or embedded and be known only by supervisory personnel. Client will assign each user of its system access software a unique logon password. If such system access software is replaced by different access software and therefore no longer is in use or, alternatively, the hardware upon which such system access software resides is no longer being used or is being disposed of, or if the password has been compromised or believed to be compromised in any way, Client will change its password immediately. 2.4.3. Client agrees to place all terminal devices used to obtain Consumer information in a secure location within its Facilities so that unauthorized persons cannot easily access them. 2.4.4 Client agrees to train employees to turn off and lock all devices or systems used to obtain Consumer information. 2.4.5 Client will secure hard copies and electronic files of Consumer reports within its Facilities so that unauthorized persons cannot easily access them. 2.4.6 Client agrees to shred and/or destroy all hard copy Consumer reports when they are no. longer needed and erase and overwrite or scramble electronic files containing Consumer information when no longer needed and when applicable regulation(s) permit destruction. 2.4.7 If Client obtains Motor Vehicle Reports ("MVRs"). from Provider, Client will comply with the Driver Privacy Protection Act 18 US.C. § 2721 et seq. ("DPPA") as well as the laws and regulations of the state issuing each particular MVR. Client shall not transmit any MVR data via the Internet or e-mail if the MVR is from a state prohibiting such transmission. Client shall not obtain MVR's from Provider and then transfer the MVR's to another company, the individual driver, or any other party unless required by law. 2.5. Federal Acquisition Regulations. Provider agrees to comply with all applicable Federal Acquisition Regulations (FARs) including, but not limited to, the following: 2.5.1. General FAR Clauses. 52.222-21, 52.222-26, 52.222-36, 52.225-13, 52.227-1, 52.244-6, and 52.224-2. If the value of this Agreement is over $100,000 the Provider agrees to comply with the following FARs: 52.203-6, 52.203-7, 52.203=12, 52.215-2, 52.222-43, and 52.227-2. If the Provider has routine physical access to the Facility, the Provider agrees to comply with the following FARs: 52.204-9 and 52.228-5. 2.5.2. Service Contract Act (52.222-41). This Agreement is not subject to the provisions of the TXMAS Client Membership Agreement Eol pg. 3. 4. 5. Service Contract Act. 2.6. Non -Discrimination. Provider is an Equal Opportunity Employer and complies with all applicable laws regarding employment practices. Provider does not discriminate in its hiring and promotion practices or in the enforcement of its policies and procedures on the basis of race, color, creed, sex, age, marital status or national origin. 2.7 General Legal Compliance. Without limiting any other provision of this Agreement, Provider agrees that it shall comply with all applicable laws regarding Provider's activities under or in respect of this Agreement including, but not limited to, the furnishing and use of Reports. Without limiting any other provision of this Agreement, Client agrees that it shall comply with all applicable laws regarding Client's activities under or in respect of this Agreement including, but not limited to, the furnishing and use of Reports. Provider has no responsibility to advise Client of its legal obligations and responsibilities. Client shall promptly execute and return to Provider all documentation required, now or in the future, by Provider or any government agency to permit release of information or to ensure compliance with all applicable laws. Each party agrees to notify the other party if it receives notice of any noncompliance with any applicable laws regarding any of its (or the other party's) activities under or in respect of this Agreement including, but not limited to, the furnishing and use of Reports or if its (or the other parry's) status with respect to legal compliance is changed in any material respect. COMPENSATION FOR SERVICES 3.1 Compensation for Services. Provider will be compensated for the Services as set forth on Exhibit A. 3.2 Billing -and Payment. Client shall pay Provider for all Services rendered.by Provider under this Agreement, and all pass-thru expenses and taxes, in accordance with Exhibit A. Such charges, fees, taxes and expenses will be included on Provider invoices. Provider will invoice Client monthly and Client shall pay all invoices within thirty (30) days of receipt of invoice. Client shall pay a service charge of one and one-half percent (1-1/2%) per month (or the maximum permitted by applicable law, if lower) on all past due invoice amounts. Client shall pay Provider's reasonable attorneys' fees and costs incurred in the collection of amounts due. Client shall be liable for all charges, fees, takes and expenses incurred prior to the effective date of the termination or cancellation of the Agreement. 3.3 Adjustments -to Compensation. If any amounts to be paid pursuant to a Provider invoice are disputed by Client then Client on or before the date the invoice is to be paid, shall advise the Provider of the basis of the dispute and pay the amount of the invoice that is not in dispute. Provider and Client will make every effort to resolve any disputes as quickly as possible. TERM AND TERMINATION 4.1. Term. See TXMAS 19-738x01 CONFIDENTIALITY OF INFORMATION TXMAS Client Membership Agreement vol. b 7 P9. /�F� Reports provided by Provider to Client are highly confidential and Client shall treat all Reports and any other documentation provided by Provider in strict confidence and shall not make such Reports and information available to any other party except as expressly provided in the Agreement or as required by law. Except as required by law or otherwise set forth in the Agreement, the terms and conditions of the Agreement and all proprietary information exchanged by the parties and all documents referenced in the Agreement, including invoices (collectively, "Confidential Information) are confidential and neither party shall disclose Confidential Information without prior written consent of the other party; provided, the party to whom information is disclosed will have no obligation to preserve the proprietary nature of any Confidential Information that: (i) was previously known to such party free of any obligation to keep it confidential; (ii) is or becomes publicly available other than by unauthorized disclosure by such party; (iii) is developed by or on behalf of such party independent of any information furnished pursuant to the Agreement; (iv) is received from a third party whose disclosure does not violate any confidentiality obligation or (v) is disclosed pursuant to the request of a governmental agency or court of competent jurisdiction to the extent such disclosure is required by a valid law, regulation or court order, and sufficient notice is given by the recipient to the disclosing Party of any such request to permit the disclosing Party to seek a protective order or exemption from such request. 6. NUSCELLANEUUS 6.1 Execution Authority. By his or her signature below, each signatory individual certifies that he or she is the properly authorized agent or officer of the applicable party hereto and has the requisite authority necessary to execute this Agreement on behalf of such party, and each party hereby certifies to the other that any resolutions necessary to create such authority have been duly passed and are now in full force and effect. [Signature Page Follows] TXMAS Client Membership Agreement Vol. 7 Pg. /�� _ IN WITNESS WHEREOF, the Provider and Client have duly executed this Agreement as of the Effective Date. CLIENT Q;�� J By: '�L) a - s, TITLE Information Discovery Services, LLC Regan Starkey President TXMAS Client Membership Agreement Vol. 04 7 pg. I �f DOCUMENTATION. (REPORTING POVS ETC An investigation will begin when all of the material documentation (completed PHS or application, as the case may be, current signed releases, tasking documents and photo if applicable) for the particular Subject is received by the Provider POC at Provider's office in Ft. Worth, Texas and/or via CAAS (the "Receive Date"). The Applicant/Subject must also complete and sign the Provider's release and authorization form which must be included within the documentation. A Report of the findings and the supporting documents will be provided via CAAS to the Facility POC within the agreed upon reporting time assuming no delays from courts, verifying institutions, employments or references or other matters described in Section 8.11 (Force Majeure) of the Agreement. The reporting times for each investigation commence on the applicable Receive Date. In the event of delays, Provider will send email notification to the applicable Facility POC regarding status. Provider will make reasonable attempts to obtain all required coverage. If Provider is unable to obtain required coverage, attempts to obtain the coverage will be documented in the Report. Provider POC: Provider will designate a specific point of contact on behalf of Provider to manage the investigative requirements under this Agreement and to liaise with the Client POC. Client POC: Client will designate a specific point of contact on behalf of Client to manage the investigative requirements under this Agreement and to liaise with the Provider POC. TXMAS Client Membership Agreement Vc . -�k 7 pg. N7 EXHIBIT A SCOPE OF WORK & PROVIDER COMPENSATION PACKAGE 3: Background/Suitability Investigation: Recommended for non -sworn or Moderate risk public trust positions. PRODUCT ■ Initial Applicant Contact ■ Employment Verification & References (7 Years) ■ Character References (5) ■ Criminal Record Checks (7 years) ■ Credit History ■ Education Verification/Accreditation Verification ■ Pre -Employment Social Media Investigation (FCRA compliant) ■ Application History Checks (3 years) Standard Turn -Around 30 Calendar Days Expedited Options: 20-29 calendar days 10-19 calendar days Discontinued Fee Schedule: 1-3 Days 10% 4-10 Days 60% 11-15 Days 75% 16-20 Days 90% Over 20 Days 1'00% Fees are not charged unless the case has been initiated. IDS reserves the right to increase fees annually up to 2% by written agreement by both parties. TXMAS Client Membership Agreement $U0.00 $935.00 $1028.50 va. 3k 7 pg.. /�/�' T,NMAS Client Membership Agreement voi. r3-6 7 Pg. Discontinued Investigations. If Provider feels there is a factor appearing tp be an obvious disqualification of an Applicant/ Subject, Provider will notify the appropriate staff at the applicable Facility who will then determine whether to continue or discontinue the investigation. If the investigation is discontinued after initiation for any reason (including those contemplated by the preceding sentence) Client agrees to pay Provider a pro -rated portion of the total investigation price according to the following table based upon the type of investigation and the number of days transpiring between commencement of the investigation and Client's instruction to Provider to discontinue the investigation for any reason. Case Type 15 Working Days Expedite Requests Days Elapsed from Case Schedule Date 1-5 Days 6-110 Days 11-14 Days Over 15 Days 25% 50% 85% 1'00% 65% 100% The above charges do not include: • Any charges of the record repositories such as cost associated with motor vehicle records, medical records, education records and automated employment records. These charges will be billed to the Client as -separate pass -through expenses at their actual cost to Provider. • Any applicable taxes. Client must.provide any and all applicable tax exemption documentation or Services will be taxed in accordance with applicable law. • In the event the case is completed prior to the date of discontinue, the Department will be billed at the full rate of the case type requested, to include expedite fee, if applicable. • If the case has not been started (i.e. no record requests nor field items) the Department will not be billed for the discontinue request. • IDS reserves the right to offer discounts to the clients advantage,' on a one by one case basis. Physical On -site Inspection and/or Credentialin Cg_hgZe. As a regulated Consumer Reporting Agency compliance requirement, an industry Best Practice, and for the additional protection and security of our Partner's and our Partner's Clients' (each a Subscriber) personal data and the personal data of all Subscribers, a physical onsite inspection of each Subscriber's business premises and/or other such due diligence shall be performed to credential Subscriber. Please note that -the onsite inspection must be scheduled an estimated 3-5 business days in advance of anticipated account activation. This is required in order for Provider to obtain credit reports and/or motor vehicle records for the Client. $150.00 (onetime fee) per Facility. o (Per Credit Bureau policy, Police Departments do not require an On. Site Inspection) TXMAS Client Membership Agreement VOL � 7 pg. /S� This Paee is Left Intentionally Blank TXMAS Client Membership Agreement voi. 7 pg. /S t AMENDMENT #1 TO CIP # 22-636 JP/CONSTANBLE PRECINCT ONE BUILDING THIS AMENDMENT TO CIP 22-636 JP/CONSTANBLE PRECINCT ONE BUILDING ("Amendment") is entered into and effective this 25"' of July, 2022 ("Effective Date") by and between Brazos County ("Customer"), and ACC Texas Services, LLC ("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 # CIP 22-636 ("Agreement") for purposes of ACC Texas Services, LLC to provide of the service for new construction building for Brazos County; and WHEREAS, the Parties desire to amend the pricing as set forth in original contract # CIP 22-636. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. To correct the contractual contingency amount from $100,000.00 to $ l 25,000.00. 2. Conflict/No Other Modiflcations. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, this Amendment shall control. All other terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. BR COUN Y .Sig " rltrrc� " E- P�rE2s Ncri l20t.t.rjrq Title Date MAREK BROTHERS CONSTRUCTION INC. Z .�' itttrtz= _"j-�. A�ev M�fbtt�eL�N tVrune Title l Date I Vol. '� `r Pg. l �� AGREEMENT FOR THE CONSTRUCTION OF JP/CONSTABLE PRECINCT 1 BUILDING RF P # C I P 22-636 BRAZOS COUNTY, TEXAS Vol. pq- r Agreement for Construction — RFP CIP 22-636 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 18. Prevailing Wage Rates 19. Authority to Contract Vol. 36 7 pg. Agreement for Construction — RFP CIP 22-636 Page 2 AGREEMENT FOR THE CONSTRUCTION OF BRAZOS COUNTY JP/CONSTABLE PRECICNT 1 BUILDING This Agreement for the construction of the CONSTRUCTION OF BRAZOS COUNTY JP/CONSTABLE PRECINCT 1 BUILDING, Brazos County, Texas, in the amount of ONE MILLION EIGHT HUNREDE AND EIGHTY THOUSAND DOLLARS ($1,808,000.00) to include the Alternate Bid Item number one through three, is entered into this 21 day of June, 2022 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and MAREK BROTHERS CONSTRUCTION, (hereinafter referred to as "Contractor"). The CONSTRUCTION OF THE BRAZOS COUNTY JP/CONSTABLE PRECINCT 1 BUILDING is hereinafter referred to as the "Project." The Architect for the Project is the firm of PATTERSON ARCHITECTS and is hereinafter referred to as "Architect." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ("Contract Documents") consist of the Agreement between Owner and Contractor (hereinafter the "Agreement"), Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP # CIP 22-636 and the Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to:Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub -paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ("Contract"). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Architect or Architect's consultants; (2) between the Owner and a Subcontractor or Sub —subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by a Agreement for Constniction — RFP CIP 22-636 `�� Page 3 V®i. 3e7 � PtJ, ..� the Contract, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is CONSTRUCTION OF THE BRAZOS COUNTY JP/CONSTABLE PRECINCT 1 BUILDING in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: This project consists of the CONSTRUCTION OF THE BRAZOS COUNTY JP/CONSTABLE PRECINCT 1 BUILDING. 1.1.5 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," used, it shall be understood that reference to the made, unless their use in a sentence clearly interpretation. and similar terms are Contract Drawings is implies a different Agreement for Construction — RFP CIP 22-636 vol. -7 pg. G,Se j Page 4 .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. .6 Day: A calendar day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Architect approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Architect, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Architect and Owner. .8 Date of Final Completion: The date when Architect and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not —In —Contract ( N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material. Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. Agreement for Construction — RFP CIP 22-636 Vol. 3k 7 P0. �S � 1 Page 5 .17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. .18 Agree ment/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. cl. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Architect mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during -S periodic visits to the Project, and without the removal of material or othe Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Architect shall mean; Type of evaluation that a reasonably prudent Architect, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections Agreement for Construction — RFP CIP 22-636 Page 6 Vol, - Pg./ and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 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 Architect. 1.2.6 Current. Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration of Items: Lists of "work included," 'work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. Agreement for Construction — RFP CIP 22-636 vol. 6 7 Pg. _L � I Page 7 _ 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (1) specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and/or Architect's consultants are Instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub —subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants,. and unless otherwise indicated the Architect or the Architect's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Architect Agreement. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub —subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Architect and/or Architect's consultants. The Contractor, Subcontractors, Sub —subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and/or Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and/or the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. Ch IL Agreement for Construction — RFP CIP 22-636 Page 8 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Architect may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or other versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Architect or Architect's Consultants will furnish electronic data in software format in use by Architect at the time Architect's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Architect, Architect's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Architect, Architect's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Architect or Architect's consultants from the system and format used by the Architect or Architect's consultants to an alternative or upgraded system or format, whether performed by Architect, Architect's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Architect and/or Architect's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Architect, Architect's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Architect or Architect's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Architect and Architect's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Architect, Architect's consultants and Owner from and against, any claim or liabilities arising out of such use. CL Agreement for Construction— RFP CIP 22-636 Page 9 g Vol. �� pg.. � l g ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is one of Brazos County's Capital Project Managers, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part C6 IL Agreement for Construction — RFP CIP 22-636 Page 10 of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner -Contractor Agreement, as a direct result of the Architect's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor (unless specifically agreed upon): .1 Partial Substantial Completion; .2 Substantial Completion when it occurs prior to the expiration of the Construction Time. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is Ch CL Agreement for Construction — RFP CIP 22-636 Voi. 3&-7 - P.O. 1j3�_ I Page 11 referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents .either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a properly prepared, timely Request For Information (RFI) in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations_, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Architect any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Architect may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. Agreement for Constmction — RFP CEP 22-636 Page 12 Vol. 3,67 pg. �(2 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP Section 8(f). 3.3.7 Layout/grades will be per plans. 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 Agreement for Constmction — RFP CIP 22-636 Al �� pg. �W Page 13 proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Architect and properly accepted and authorized by Architect, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Architect whether or not such submittal has been reviewed or stamped by Architect. Notice must be specific and transmitted in letter form. If required by Owner or Architect, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Architect, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub —let. In the event any portion of the 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. Agreement for Constriction — RFP CIP 22-636 Page 14 Vol. Pg. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, With respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Architect, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically 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 6 a Agreement for Construction — RFP CIP 22-636 Vol. 3& 7 P.g. age 15 to meet state reporting requirements. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received, or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor- shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received, or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or 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 Agreement for Construction — RFP CEP 22-636 Page 16 7 Voi. Pg. l �S Change Order shall reflect: (1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $100,000.00 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section 8(f). 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Architect the name and qualifications of a proposed superintendent. The Owner or Architect may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Architect has reasonable objection to the proposed superintendent, or (2) that the Owner or Architect requires additional time to review. Failure of the Owner or Architect to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be 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 Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Architect, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time, as defined by the Architect to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. Agreement for Construction — RFP CIP 22-636 Page 17 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 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 Architect and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub —subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance -charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the 71 Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract a. Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub -contractor represent to the Owner and Architect that the Contractor and Sub -contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field Agreement for Construction —RFP CIP 22-636 voi. Pg. 7 ® rage 18 measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Architect and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Architect on previous submissions, if any. 3.12.8 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 Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In absence of such written notice the Architect's approval of a re -submission shall not apply to such revisions. 3A 2.10 The Contractor shall not be required to provide professional services which constitute the practice of Architect or Architecting unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate Agreement for Construction — RFP CEP 22-636 Vol. ,3ip7 Pg. r I. Page 19 action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the. Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Architect proper facilities and equipment for access to the Work in preparation and progress wherever located. do a Agreement for Construction— RFP CIP 22-636 g Vol. A7 :. Pg. 1 ? Page 20 � I 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ARCHITECT, ARCHITECT'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES') FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB -CONTRACTORS, SUB -SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES 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 Constriction — RFP CIP 22-636 Ivoi. Page 21 7 Pg. I �3 CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub -Sub -contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Architect, the Architect's consultants and agents and employees of any of them arising out of: (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions .or instructions by the Architect, the Architect's consultants and agents and employees of any of them, provided such giving, or failure to give, is the primary cause of the injury or damage. The indemnity for the Architect, the Architect's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Architect, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be approved in writing by Architect or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Architect for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Architect. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Architect. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report -errors and inconsistencies to Architect, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Architect, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break —down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. a. Agreement for Construction — RFP CIP 22-636 vol.Pi -age 22 �7 g� �__ 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Architect. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Architect and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (at a maximum, in calendar days) Day 0: Contractor's receipt of Notice to Proceed is delivered to Contractor after Architect provides response to Schedule of Values, Insurance, Payment and Performance Bonds, Lists of Subcontractors and Construction Schedule to Contractor and the Contractor receives building permit from the City of Bryan. Day 180: Contractor attains Substantial Completion Day 210: Contractor attains Final Completion 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice Architecting, or an entity lawfully practicing Architecting identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative or such representative as the Architect may designate, who may be employed by the Architect as a consultant. 4.1.1.1 Each of these terms; "Architect," "Architect," "Architect/Architect," "A/E," or "Arch itect/Architect" shall mean Architect, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not :be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint a new Architect whose status under the Contract Documents shall be that of the former Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Architect and Owner. a Agreement for Construction — RFP CEP 22-636 Vol. 7 pg. 17,_Pag 1 23 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Architect, and as Architect deems necessary: (1) to become generally familiar with and to keep the Owner 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 Architect will not be required to make exhaustive or continuous on -site evaluations or inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Architect for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these 'are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Architect. Communications by and with the consultants shall be through the Architect, unless otherwise approved by the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Architect's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Architect's attention in writing if he wishes to obtain Architect's opinion. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect has authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Agreement for Constriction — RFP CIP 22-636 Pale 24 Vol- �---- pg. l % the Architect to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Architect's services and expenses. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Architect is limited to only those submittals required by the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review by the Architect, Architect's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Architect may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until twenty (21) days C6 ee Agreement for Constniction — RFP CIP 22-636 Vol. Pg. % 7 gage 25 after written request is received. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Architect'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 Architect, this shall include showing in CPM format, both critical and non -critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A decision by the Architect and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time 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 Architect and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless a a 3 Agreement for Construction — RFP CIP 22-636 Page 26 Vol. Ae : pg. 1 ? g otherwise agreed in writing or as provided in Sub -paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Architect will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Architect; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Architect; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the Agreement for Construction — RFP CEP 22-636 / 7 q Page 27 Vol. e-, ow Pg. pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Architect may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and or Agreement for Construction — RFP CIP 22-636 Pale 28 v►oi. �. pg. 1�'al any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect: Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim, if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished, or advise the Architect that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven (7) days. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Architect's decision, Architect,will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the .controversy. Page 29 Agreement for Construction — RFP CEP 22-636 g Vol. �-PQ Pg. � � � i I Pa g 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 Architect and Architect's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is necessary to obtain information necessary for the Architect or Architect's consultants to complete its services on the Project. The Architect shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Architect makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor CL Agreement for Construction — RFP CIP 22-636 Page 30 00--J for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontractor agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub —subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub —subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub -subcontractor, or other levels of contractors and subcontractors, and Owner or Architect, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS F1 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the o, Contractor to the Owner provided that: o- .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 — RFP CIP 22-636 Page 31 ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Projector other construction of operations on the site, the term "Contractor' in the Contract Documents in each case shall mean the Contractor who executes each separate Owner —Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate -With them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a, joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1,.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have ,the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and . equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities Agreement for Construction — RFP CEP 22-636 Page 32 Vole 7 Pg. /�' or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor and an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. Agreement for Construction — RFP CEP 22-636 ' Page 33 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract a Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided 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; .5 additional costs of supervision and field office personnel directly attributable to the change; and Agreement for Construction — RFP CEP 22-636 / Page 34 .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net 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 Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be affected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than one hundred eighty (180) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Architect. CA CL Agreement for Constriction — RFP CIP 22-636 Page 35 Vol. � 7 pg. 8.1.3 The date of Substantial completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially a Agreement for Construction— RFP CIP 22-636 Vol. �� 7pg. Page 36 eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Architect made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be 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 Architect. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re -execution of defective work, or extent of number of Architect's interpretations or clarifications of the .Contract Documents, shall not, under any circumstances, be Agreement for Construction — RFP CIP 22-636 VCA. 3-& 7 - gig. Page 37 I � 9 construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is ONE MILLION EIGHT HUNDRED AND EIGHT THOUSAND DOLLOARS ($1,808,000.00) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in`the Contract documents, before the first application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Architect will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Architect may require and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, Agreement for Construction — RFP CEP 22-636 Page 38 Vol. ds 7 Pg. D to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven (7) days after receipt of the Contractor's Application for Payment and the Architect's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Architect's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has: (1) made exhaustive or continuous on -site evaluations and/or inspections to check the quality or 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 Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Architect's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opiion 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 6 CL Agreement for Construction— RFP CIP 22-636 �� ..7 -` ge 39 Vol. Pg. such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub -contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents and shall so notify the Architect. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Architect. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Architect's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub -contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub —subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Sub -contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. Agreement for Construction — RFP CIP 22-636 Page 40 Vol.�-c�7. P9, 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Architect, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately, and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut —down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents, so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Architect a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Architect's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damagesas set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Architect and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Architect's and Owner's inspections disclose any 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 Architect. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Architect and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Agreement for Construction — RFP CIP 22-636 Vol. ���-7 Pg. L2 Page 41 contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy, or use; the :Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect and Owner will in a reasonable time, make such inspection and when the Architect and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Architect will promptly issue a a. R Agreement for Constmction — RFP CIP 22-636 Page 42 Vol. J47 Pg. final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's and Owner's on -site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Architect: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Architect so confirms, the Owner shall, upon application by the a Contractor and certification by the Architect and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions >° governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Architect. 9.10.4The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: Agreement for Construction — RFP CIP 22-636 tl C4. � _ _ pg. ��5� Page 43 .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents, or .4 non -conforming, faulty or defective Work appearing at or after final payment. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 9.11 LIQUIDATED DAMAGES 9.11.1 Liquidated damages will be assessed at Five Hundred Dollars ($500.00) per calendar day if work is not completed on time (substantial completion), excluding any weather days. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and Architect and their consultants and employees;: .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub —subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. . 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. CL 3 Agreement for Construction — RFP CIP 22-636 Vol. �.j 7� pg. _ � Page 44 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Architect, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub —subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be: loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Architect resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on Agreement for Construction — RFP CEP 22-636 Page 45 Vol. e 7. all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Architect or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Architect for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Architect for Project site safety conditions created or controlled by the Contractor that result in the Architect receiving a citation under the OSHA multi -employer citation provision. 10.2.13 The Contractor shall notify Owner's and Architect's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Architect to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Architect's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in �- the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the o affected area and report the condition to the Owner, in writing, with a copy to the Architect. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. Agreement for Constriction — RFP CEP 22-636 7 Page 46 NOI. �e__. Pg. e� 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4 The Architect and Architect's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 The Owner and Architect shall not be responsible under Paragraph 10.3 for F! hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Architect. The Contractor shall notify the Owner and Architect prior to bringing any hazardous material or substance onto the Project site. . 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Architect all accidents Agreement for Construction — RFP CEP 22-636 Page 47 Vol. % _ P9. - arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Architect. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may .arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them May be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the 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 — RFP CIP 22-636 Vol. Pg. �� I 7 Page 48 ® .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $ 500,000 each accident $ 500,000 disease, policy limit $ 500,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover from Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $.1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover from Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $ 1,000,000 each occurrence (b) Property Damage: $ 1,000,000 each occurrence $ 2,000,000 aggregate Agreement for Construction — RFP CIP 22-636 Page 49 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 aggregate. 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $ 100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. (d) °,Texas Waiver of Our Right to Recover from Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self -insured hazards each occurrence 7. Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence (c) "Texas Waiver of Our Right to Recover from Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self -insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent liability for claims which may arise from operations under the Contract. .1 Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate .2 Property Damage: $ 1,000,000 each occurrence Agreement for Construction — RFP CIP 22-636 Page 50 Vol. 547. Pg. $ 1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus Architect fees, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract sum for the Work. If Owner is damaged by failure of Contractor to maintain such insurance, then Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. . 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1,Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. Agreement for Construction — RFP CEP 22-636 „ _ �, - Page 51 V®l.36 7 pg. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney -in -fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other information required by surety. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's, Owner's or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect, Owner or governing authority has not specifically requested to examine prior to its being covered, the Architect, 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 Architect, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby. a CL Agreement for Construction — RFP CIP 22-636 347 l Page 52 Vol. P.9• �""� I 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, Architect may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or 6 n. Agreement for Construction — RFP CIP 22-636 Page 53 vol.. t&7 Pg. 4,nS nonconforming Work (such costs to include but not limited to fees and charges of Architects, Architects, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County, Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(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 c6 such consent of Surety, together with copy of assignment with Owner and Architect. In t- case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for > payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the 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 Agreement for Construction — RFP CIP 22-636 Vol. 5�97 pg. Page 54 to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 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), Architect timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Architect of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall .bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect and Project inspector (if any). 13.5.5 If the Architect, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. co CL Pa a 55 Agreement for Construction UP CIP 22-636 vol. 2 /' 7�g. n „ .� g 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: - .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to *the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate 6 Q_ Agreement for Constriction — RFP CEP 22-636 Vol. 711�7 Pg- .�_ Page 56 against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub — subcontractor or their agents or employees or any other persons performing portions'of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of 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 Architect, terminate the Contract and recover from the Owner as provided in. Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Agreement for Construction — RFP CIP 22-636 Page 57 vol. �7 pg. � Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause' exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 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 Agreement for Constniction—RFP CIP 22-636 Page 58 Vol. � 7 Pg. ��� 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 Architect, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Architect will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Architect, expressed in writing, meet or exceed the characteristics of the specified items. ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of Agreement for Construction — RFP CIP 22-636 V01. 1 -A - — Pg. Page 59 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 Court's approval of the Agreement as set forth in the minutes of the Court's , 2022, meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1). to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS COUNTY, TEXAS Date: Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: MAREK BROTHERS CONSTRUCTION Date: Contractor Agreement for Construction — RFP CIP 22-636 Page 60 ATTACHMENT "A" CONSTRUCTION OF THE BRAZOS COUNTY JP/CONSTABLE PRECINCT 1 BUILDING REQUEST FOR PROPOSAL CIP 22-636 VOL e- 7 pg. Agreement for Construction — RFP CEP 22-636 Page 61 Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PRONE (979) 3614290 FAX (979) 3614293 BRAZOS COUNTY BID/RIP/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 26, 2022 RFP NUMBER: 23-008 TYILE: Collection of Delinquent Criminal & Civil Court Costs, Fines, & .Fees REQUESTING DEPARTMENT: Collections APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: -JL L-1 9CO ► Vol. Pg. �l Act 94 10 m 23-011R Carpet Cleaning Bid Tabulation previously known as #22,00911, 21-00511, & 19-012 October 1, 2022 -September 30, 2023 item # Location Estimated SQFT Asure'Carpefi „; Enviro USA Inc. UBM Enterprise, Inc. 1 Ag Extension 2,600 " $3fl000 $494.19 $520.00 2 Adult Probabtion 11,500 $1,30t300 :.' ; ' $1,725.15 $1,035.00 3 Brazos Center 9,400 ; $1,40000,k ;. $1,410.15 $1,128.00 4 Health Department 8,430 $400`b _ y $1,282.50 $1,011.60 5 Juvenile Justice Center 15,385 $2,212.50 $1,384.65 6 Road and Bridge 2500 $28b.00 .. ; $487.50 $500.00 7 Tax Office 6,000 $922.50 $720.00 8 Maxwell Building 6,400 $6,4000 $960.15 $768.00 9 Justice of the Peace Pct 3 2,700 $513.19 $540.00 10 Courthouse 53,000 $4,770,00 $5,565.10 $4,240.00 11 Administration. Building 47,300 ;$4,250.00 "' - : ; : $4,966.50 $3,784.00 12 Sheriffs Office 12,000 $1,00 00 $1,440.12 $1,080.00 13 Exposition Complex 24,350 ;$2,400:00., $2,922.12 $2,922.00 14 Lily Building 2,944$25Q00,'� $577.50 $588.80 15 Constable Pct. 1 550 16 Cost per Square Foot for Spot Cleaning $0:30:with $.45 OO,1VLax $0.27 $0.23 Totals `,$22,T4D 00. = $25,479:17 $20,222.05 Notes: Withdrew bid, can't meet scope of work 3rd Renewal of 3 ACC Texas Services LLC App ved by C mission r' Court on this �U day of �n L 7 , 2022 by holding the position of coup, Jt';-��� Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PRONE (979) 3614290 FAX (979) 361-4293 July 6, 2022 ACC Texas Services LLC P.O. Box 11154 College Station, TX 77842 Re. Renewal of Contract #23-011R for Carpet Cleaning Services for Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option Carpet Cleaning Services 23-011R, previously known as 22-009R, 21-OOSR. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from October 1, 2022 to September 30, 2023. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to cnava@brazoscountytx.gov or fax to (979) 361-4492. Please then submit an updated Certificate of Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4492. Contact Name: 1)1.v i C1 yr-.r1w Title: &n4, (n Ct K-0m6r E-Mail: PtSQCP- Oq-n lam taD -corn Telephone: orLot- vi-6 ~ 44-4 ACC TEXAS SERVICES LLC Authorized Signature B MCOUNTY Duane Peters, County Judge Date -7 C owo I ao-.Q.. Date Vol. Pg. o�-�� CARPET CLEANING ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 IQ Request No.19-012 Bryan, Texas 77803 Page 1 of 9 Pages Telephone (979) 3614294 GENERAL REQUIREMENT FOR CONTRACT 6Aas a duly authorized representative of C L-l�lS • C • "Contractor" willingly attest to perform (or deliver) as per Exhibit A for grazos County. U I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the Bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with BB 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_form12951tm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda_ Vol. Pg. A17 . Jr IQ request# 19-012 BRAZOS COUNTY, TEXAS Page 2 of 9 Pages CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. BOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate izisurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the Contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent Contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of Vol: 3&7 Pg. pg IQ request# 19-012 BRAZOS COUNTY, TEXAS Page 3 of 9 Pages Us contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the Contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the Contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this contract shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further. advised that these IQ request# 19-012 BRAZOS COUNTY, TEXAS Page 4 of 9 Pages requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, if one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERAMATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and va. .7 P9. �o IQ request# 19-012 BRAZOS COUNTY, TEXAS Page 5 of 9 Pages requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $500,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance fiunished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LEMHATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or Vol. 347 pg. ail IQ request# 19-012 BRAZOS COUNTY, TEXAS Page 6 of 9 Pages equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN EMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOSCOUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact am • Phone Number: Bi ' g v-W ASSIGNABILITY This contract may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. BRAZOS COUNTY, TEXAS ENTIRE CONTRACT IQ request# 19-012 Page 7 of 9 Pages This contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral This contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. E � Pg.pA:,3 IQ request# 19-012 BRAZOS COUNTY, TEXAS Page 8 of 9 Pages HOUSE BILL 89 & DEBARMENT VERFICATION 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 governments terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at hops://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, and 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 Authorize Address: Sianature' Contract N toi Pg. BRAZOS COUNTY, TEXAS CERTIFICATION OF BID IQ request# 19-012 Page 9 of 9 Pages The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By. U0- Typed Name: i c\ a- 4-'i�6n Company Name: Email Address: �� Cc LA C, Title: U)ne r er Phone No. crl al- L l3 -- 44-14 Mailing Address: .� D� P. O. Box or Street CiiState Zip Employer Identification Number: -t4 — C�"rz�) nv l�y Social Security Number: 2(a-�LL�� d b ommiss a s' Court on this �' day of�be�-2018 by olding the position of Bym CUA A A, Vol. p9•A�-S— EDIT "A" IQ 19-012 Carpet Cleaning Contract Term: October 1, 2018 — September 30, 2020 Fill out "Informal Quotes" form and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan. TX 77803 in a sealed envelope clearly marked "IQ 19-012, Carpet Cleaning". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Duotes must be received by the Brazos County Purchasing Department by 2:001p.m., Thursday, August 23, 2018 or they will not be considered. Brazos County will not accept any pricing if delivered via email or face. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for carpet cleaning for all Brazos County buildings_ Some Brazos County buildings will have high traffic areas and/or low traffic areas. The Brazos County Building Maintenance Department cleans these buildings on a daily basis and may need assistance with occasional carpet spot cleaning and/or occasionally need an entire building's carpet cleaned. Carpet cleaning service will be on an "as needed basis'. All other tools, implements, personnel, supervision, labor, supplies, equipment, vehicles, and all efforts necessary to carry out the services as required for this . operation will be provided by the successful bidder. Prices quoted shall be for a two (2) year period, with an option for renewal for three (3) additional one (1), year periods beginning October 1, 2018 through September 30, 2020. A. SPECIFICATIONS 1. Vendor shall provide a truck mounted unit for all carpet cleaning done for Brazos County. 2. Vendor's truck mounted cleaning system must have suction of no less than 285 cfin. 3. Vendor shall dump all evacuated waste water from the cleaning of carpets into a sanitation system in accordance with EPA regulations. 4. When carpet cleaning is needed, the Brazos County Building Maintenance Department will schedule the service with vendor. 5. Vendor must be able to provide carpet cleaning service between the hours of 8:00am — 5:00pm Monday — Friday. 6. Vendor must receive a purchase order from the Building Maintenance department before starting any work. I 7. Once service is completed, the vendor will send invoices to the Brazos County Building Maintenance Department located at 206 N. Washington Ave. Bryan, TX 77803 to the attention of Jeanine Scarmardo. Exhibit A Page 1 of 5 voi. Pa. 8. Vendor will provide the purchase order #, location that was cleaned, the square footage that was cleaned and the date of service on each invoice. 9. Vendor shall provide quotes for each location. Square footage is provided below. 10. Vendor must provide a quote per square footage for spot cleaning and treatments. 11. Quotes provided shall include any fuel charges, freight or other associated, miscellaneous cost not specified herein. B. INSURANCE REQUIREMENTS 1. Successful bidder must provide evidence of required insurance prior to award. Full description of insurance requirements are listed in the attached Contract. C. AWARD 1. The contract award shall be based on, but not necessarily limited to, the following factors: a) Cost b) Special needs and requirements of Brazos County c) Time needed to complete service d) Location of Contractor (distance that vehicles will travel for services) e) Contractor's past performance record with Brazos County 2. Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Contractor considered to be the best value to Brazos County. D. MISCELLANEOUS 1. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote submission will not be valid. 2. Contractor must submit and post all questions regarding this solicitation on the Brazos Valley Online Bidding System located at www.brazosbid.cstx.gov. Any questions received via email or phone call will not be answered. Exhibit A Page 2 of 5 Vol. � pg. E. QUOTES 1. Fill out section below and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "IQ 19-012 Carpet Cleaning". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos County Purchasing_ Department by 2:00p.m.. Thursday, August 23, 2018 or the will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Location Estimated SQ TT Cost Ag Extension 2,600 3co _QQ Adult Probation 11,500 l boo . oo Brazos Center 9,400 t tAm , a� Health Department 8,430 t��(� _ (o Juvenile Justice 15,385 -7oa CD r . Road and Bridge 2,500 ' ' 2-� . CZ) Tax Office 6,000 - —7 co .00 Maxwell Building 6,400 (0 Lkc . Cad Justice of the Peace 2,700 -:So(:) oo Pct. 3 Courthouse 53,000 L4 1-7`l `J _ OD Administration Building 47,300 $ ��j� 1 Sheriff's Office 12,000 -ioo .c)( Exposition Complex 24,350 o"� " o o - t0 Exhibit A Page 3 of 5 Vol. 7� Pg. Lily Building 23,944 `' atJ� • �� Quotlee for Spot Caning Cost Per Square Foot '4, �o W it rh gr q5� may TOTAL °0 ` 01 q9 J Reliable contact information; please include name and phone# for scheduling. --ri 0 P, -f�a-rlal -U- I Asuce -� Name��� �OL � 0, ZaNu cies 3 _ q Li� ! Phone Al Exhibit A Page 4 of 5 Vol. -3� Pg. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. Name of Company: R5UOJequnjp,-Q Ce Cacqoj- �,.vtCP-S,'l-AiC TaxID Address: Email: ure- 01 L a-ho . COm Telephone #: " l C�� — COq `i 4 ` I Printed Name: it C3� Tq(Lnklefi Signature of Authorized Representativ : Exhibit A �� � � Page 5 of 5 vol. g. ,�,, IQ 23-012R Janitorial Services October 1, 2022 - September30, 2023 Previously, known as 410 22.00RR R 20.029 ,Regular Weekly Cleaning y g Approx. 1 Approx. Garcia Cleaning Service Approx. A-1 Professional Approx. Crystal Clear Cleaning time to clean time to clean time to � clean Cleaning' time to clean Location Times Per Cost/Month Cosl/Month CostlMonth Cost/Month CostlMonth Monthsw/ Cost/Month Week Jan -Oct Nov -Dec Jan-0ct Nov -Dec Jan -Oct 5 cleans Nov -Doc Justice the Peacea 1 1 1.6 hours $334:00 $277.00 3 hours $320.00 $280.00 2 hours $285.00 $366.25 $213.76 Constable 1 1 1 hour $300.00 $220.00 2 hours $220.00 $197.84 1 hour $190.00 $356.25 $142.50 JP Pct 3 & Constable 3 1 2 hours „$400.00 $320.00 4 hours $350.00 $324.00 2.5 hours $300.00 $375.00 $225.00 $10,340.00 $1,634.00 $8.900.00 $1,603.68 Total $11,974.00 $10,503.68 $10,618.75 Number of Emplovees, 2 2 47 i0 St►i . and Wax Approx time to Approx. time to 'Garcia Cleaning Service Approx. time to A-1 Professional Approx. time to Crystal Cleat Cleaning Location Times Per Cost per Strip and Wax Cost perStrip and Wax Cost perStripand Wax clean clean clean clean Constable 1 2 3 bra $925.00 for both locations $349.00 4 hours $200.00 JP Pct.3 & 2 4 hrs $399.00 6.5 hours $520.00 Constable 3 . Total $1,850.00 $1,496.00 $1,440.00 Grand Total $13,824.00 $11.999.68 $12,068.76 Temporary Sites (Emergency Use Only) Approx. Approx. Garcia Cleaning Service Approx. A-1 ProfessonalTem ' Approx. Crystal Clear Cleaning time to clean timeCleaning me to clean time to clean time to clean Location -Times Per Week Cost per trailer Cost per trailer Cost per trailer BathroomiShower Twice/Day as I hr $26.00 per Man Hour 2 hr $96.00 1.5 hours $25.00 Trailer I needed Daily as needed/ Braves Center Bathrooms 2 4 g2b.00 per Man Hour $40.00 per Man Hour 3 $50.00 $150.00 Times/Day t7 hourly rate RECOMMEND AWARD TO: 1st Commercial Janitorial SYC al of 3 Approvmission r, C this P-(-o� day of t' 2022&V'Ld-rr holding the position of� Brazos County. Purchasing Department 200 SOUTH'TEXAS AVE SUITE, 3.0 DRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 July 13; 2022 1 31 -Commercial Janitorial P.O. Box 2631 Bryw�.TX 77803 Be. Renewal of Contr4ct#23-012R.for JanitadalServkesfbrBrazos Couniy. Brazos County appreciates the. quality work your corapany has provided andw.ould'&eto.exercistthe renewal option for Janitorial Services.23-012R, p�eviouslyknofun Aflte s, tonditiodsi andpri6ixfgsh6ll -remain the same.. This renewifterm will befor-one, year -from OctoberT, 2022 to September30,2023. To accept the renewal option, please- fill out the information and siga,belowi 'keturn'the-iign-ed documents by -email to onava@brazqscountytx-.govoi;faxto (915.)- 3-61-449',2. lease then updated,Ceitificate qflrimraaoe by email ok mgfilto "Die ad&essllit4fabove. miger-etum. A.C.6-4 ep aAce as-so".as'possible. If you have any -questions, I maybe reached -at (979) 3614492. Contact Name: Tide: E-MaiI:a,ik_a.9vg IV.!r elephouq: V 1nCONMERCIAL JANITORIAL Authorlied S1g0aZr;r_ COUNT Dunfie Peters, County Judge VOL & Date Date Ak JANITORIAL SERVICES SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. ; 200 S. Texas Ave., Ste. 352 IQ Bid Request No. 20-025 Bryan, Texas 77803 - Page 1 of -9 Pages Telephone (979) 361-4294 GENERAL REQUIREMENT FOR CONTRACT I, I% � (� b as -a duly authorized representative of �S' �i'1'1 Qr'GG'� Sq o i� a-t a "C tractor" wil�ingly attest to perform (or deliver) as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this Contract. , TERM The term of this Contract will be for -two (2) years, with the option to renew with three (3) additional one (1) year periods. ASSIGNMENT The successful contractor may not assign, sell or otherwise transfer this Contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the Contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the Contract with its present provisions and prices. AWARD Brazos County reserves the right to award this Contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity,to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of -Bid Form must be completed to include fiil1 firm name, mailing address, telephone number, email address, Vendor Tax Identification niunber 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 wit941B 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Inteiested Parties",tom 1295 as required, pending award, renewal, amended or extended Contract. Vi$ t https://etbigsli,state.tK.us/whatsnew/elf info form1295.htm for more Vol. 7 Pg. Contract No. 20-025 BRAZOS COUNTY, TEXAS Page 2 of 9 Pages information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the Contract before it. becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign .contracts for Brazos County. Binding Contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this Contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this Contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the Contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation wiII be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. Vd. J-6 7 pgr�� Contract No. 20-025 BRAZOS COUNTY, TEXAS Page 3 of 9 Pages In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the Contract applies, all existing Contracts for services applicable to such location, the portion of this Contract that applies to such locations is terminated. All remaining portions -of the contract will remain intact. Brazos County will endeavor to give the contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the Contract price and/or is otherwise incorrect, shall be corrected by the contractor. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the Contract that are not used or provided by the contractor in completion of the Contract. This term supersedes any contradicting terms throughout the Contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this Contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this Contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the Contract... All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this Contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall Contract, Brazos County's interpretation shall govern. In the event of a conflict between the '' a. 5& 7 Pg. d2 s Contract No. 20-025 BRAZOS COUNTY, TEXAS Page 4 of 9 Pages terms, conditions, provisions, and specifications of this Contract and any other terns, conditions, provisions, and specifications provided by the contractor; the terms of this Contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed'by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements, Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. DISQUALIFICATION OF OFFEROR Upon signing this Contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent, sEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted, SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be' used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this Contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. Vol. 36 7.1 Pg. Contract No. 20-025 BRAZOS COUNTY, TEXAS Page 5 of 9 Pages TERMINATION Brazos County reserves the right to terminate the Contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not.limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the Contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The contractor(s) before starting work for Brazos County, must fiunish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000.000. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the Contract, whether owned, non -owned or hired. The Certificate of Insurance fumished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LEffrATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimer's and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any Contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. vot. 7 pg. o�� 7 Contract No. 20-025 BRAZOS COUNTY, TEXAS Page 6 of 9 Pages COVERAGES/WAGES Nothing in this Contract shall be construed as malting Brazos County responsible for the payment of compensation and/or any benefits for contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the contractor's employees and/or equipment. Nothing in the Contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the contractor. SOVEREIGN EMIUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Contract, The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, .Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: ASSIGNABILITY This Contract may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for -the obligations contained herein for the term of the Contract and any extensions and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Contract No, 20-025 BRAZOS COUNTY, TEXAS Page 7 of 9 Pages ENTIRE CONTRACT This Contract represents the entire and integrated agreement between Brazos County and the contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this Contract and supporting documentation for invoices submitted to Brazos County by the contractor shall be retained and made available by the contractor for audit by Brazos County, it duly authorized representatives, the State .of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the Contract. AUDIT RESPONSIBILTY The contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or Iocal audit directly related to the provision of this Contract. The contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this Contract if evidence exists of less than full compliance with this Contract. INDEMNIFICATION The contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said contractor under and by virtue of his Contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. Val. 36 7 Pg•9- _ Contract No. 20-025 BRAZOS COUNTY, TEXAS 'Page 8 of 9 Pages ;HOUSE BILL 89 & DEBARMENT VERIFICATION Zrazos 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, hops://www.sam.gov), *ch 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: �Om o_o ( Authorized Company Representative: Date:/ )b�%1�t Contract #: 20-025 vd: pg. � BRAZOS COUNTY, TEXAS CERTIFICATION OF BID The undersigned further affirms the non -debarment si execute this Contract, that this bid has not been prepared contents of this bid have not been communicated to any, bid. _ Signed By: Typed Name: Contract No. 20-025 Page 9 of 9 Pages ment above, that they are* duly authorized collusion with any other vendor, and that the er vendor prior to the official opening of this Title: O&W4�- I U Company Name: / ��� % M � a - Phone No.9�W �Z�A Email Address: V-0 Co Mailing Address: 6 C &IL P. O. Box or Street d1tv State Employer Identification Number: `T ? J UA !6 W S-?r 1 pprov by ommissi er ' C on this �` day of . 2019 by o'[o ing the position of a,O VOL pg..aW EXHIBIT "A" IQ 20-025 JANITORIAL SERVICES Contract Term: October 1, 2019 —September 30, 2021 Fill out "Informal Quotes" form and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Brvan; TX 77803 in a sealed envelope clearly marked "IQ 20-025, Janitorial Services"., Include the signed Contract and a copy of the required insurance with the submission of quotes. Quotes must be received by the Brazos County Purchasing. Denartment prior to 2:00_13.m., Friday, September 20, 2019 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive, Brazos County is soliciting quotations for janitorial service for three (3) Brazos County Buildings and some temporary sites (if activated), Prices must be effective for a period of two (2) years with an option to renew for up to three (3) additional one (1) year periods. It is recommended that each facility be visually inspected by the vendor for quoting purposes. The square footage given is the size of the building but might not be the actual square footage needing to be cleaned. A. REGULAR LOCATIONS 1, Justice of The Peace Pet. 1 is located at 12845 FM 2154, Suite 180, College Station, TX, and is approximately 2,742 square feet. Cleaning services shall be provided one (1) time each week, on Fridays, after 5:00 p.m. 2. Constable Pet. 1 is located at 12845 FM 2154, Suite 140, College Station, TX, and is approximately 1,700 square feet. Cleaning services shall be provided one (1) time each . week, on Monday, at 9:00 a.m. during business hours. 3. The Justice of The Peace Pct. 3 and Constable Pet. 3 is located at 1500 George Bush Drive, College Station, TX, and is approximately 2,936 square feet. Cleaning services shall be provided one (1) time each week on Friday, after 5:00 p.m. B. SPECIFICATIONS 1. Vacuum carpeted areas each service date, 2. Sweep/dust mop all hard floor surfaces each service date. 3, Empty all trash cans and replace can liners each service date. Put full trash bags in dumpster or trash receptacle as appropriate. 4. Clean and sanitize toilet bowls, urinals, hand basins, and sinks in bathrooms each service date. 5. Clean all glass and mirrors in bathrooms each service date. Exhibit A Page 1 of 7 - 6. Clean break room/kitchen area each service date, to include wiping down counters and refrigerator, empty trash, wiping down table and chairs, floors swept and mopped or vacuumed, 7. Clean all windows including front windows and doors each service date. 8. Dust each desk each service date. 9. Dust counters each service date. 10. Damp mop hard floor surfaces with mop soap each service date. 11. Cleaning supplies and equipment are to be supplied by vendor (excluding can liners and restroom supplies such as paper towels, toilet tissue, hand soap, & deodorants). 12. Vendor shall quote a price to strip and wax the floors. This will be done 2 times per year -- FOR THE FM 2154 AND GEORGE BUSH LOCATIONS ONLY. Service dates will be coordinated with each location's point of contact. 13. Janitorial Services will not be needed during County holidays or during the weeks of Thanksgiving and Christmas. Therefore, the month of November and December should be quoted with Holidays in mind. The dates of County Holidays will be provided to the awarded Contractor. C. TEMPORARY SITES (if activated) l . Brazos Center: located at 3232 Briarcrest Drive, Bryan, Texas. The Brazos Center is approximately 15,000 square feet. The janitorial service for this location will only be needed during emergency situations that would require the Brazos Center to be utilized as a shelter or an operations center. The Brazos Center will be required to be cleaned daily and the restrooms twice daily when utilized. Cost for this facility will be an hourly cost. This facility will require general cleaning that may include but not limited to, clean and sanitize toilet bowls, urinals, hand basins, and sinks in bathrooms each service. Clean all glass and minors in bathrooms each service. Sweep/dust mop all hard floor surfaces each service. Damp mop hard floor surfaces with mop soap each service. Empty all trash cans and replace can liners each service. Put full trash bags in dumpster or trash receptacle as appropriate. The whole facility may not require cleaning each time. 2. Bathroom/Shower Trailers: Brazos County has four (4) bathroom/shower trailers that would be utilized for shelter locations in Brazos County to be determined, The four (4) bathroom/shower trailers are approximately 18 feet by 6 feet with two bathrooms and two showers each. Brazos County will only dispatch these trailers on an as needed basis and may not dispatch all the trailers at one time. In the event these locations are activated as emergency shelters, they will need to be serviced every day that it is utilized. Each trailer will need to be sanitized when cleaned. Clean and sanitize toilet bowls, urinals, hand basins, and sinks in bathrooms each service. Clean all glass and mirrors in bathrooms each service. Sweep/dust mop all hard floor surfaces each service. Damp mop hard floor surfaces with mop soap each service. Empty all trash cans and replace can liners each service. Put full trash bags in dumpster or trash receptacle as appropriate. Exhibit A Page 2 of 7 a. Cleaning supplies and equipment are to be supplied by vendor (excluding can liners and restroom supplies such as paper towels, toilet tissue, hand soap, & deodorants). b. Janitorial personnel will not be expected to handle any medical waste at any emergency location. c. BACKUP STAFF: The Contractor shall maintain and show evidence satisfactory to Brazos County of an adequate back up labor force and supervisory staff to be able to immediately handle this portion of the contract in case of flood, fire, hurricane, natural or man-made disasters or any other emergency. A program for the initiation of such back-up, i.e., responding to the aforementioned emergencies, is to be developed and in place in accordance with the approval of Brazos County. d. EMERGENCY CONTACT INFORMATION: The contractor must submit to Brazos County a list of at least three emergency telephone numbers of management level supervisory personnel, other than the local branch office number, who are authorized to dispatch backup working crews in the event of a request by Brazos County. The Contractor will update these emergency numbers immediately as required throughout the term of this Service Contract. D. SITE VISIT FOR INSPECTION OF LOCATIONS PRIOR TO QUOTE SUBMISSION This will be the only opportunity to inspect locations prior to quote submission. The site visit for inspection of all locations will be on Friday, September 13, 2019. We will begin at 9:00 a.m. at: 1) Justice of the Peace Pct. 1 located at 12845 FM Suite 180, College Station, TX. 2) Constable Pet. 1 located at 12845 FM 2154, Suite 140, College Station, TX. 3) Justice of the Peace Pct. 3 and Constable Pet. 3 Located at 1500 George Bush Drive, College Station, TX. 4) The Brazos Center located at 3232 Briarcrest Drive, Bryan, TX. 5) Trailers located at Copperhead Road, Bryan, TX. E. INSURANCE REQUIREMENTS 1. Successful bidder must provide evidence of required insurance prior to award. Full description of insurance requirements are listed in the attached Contract. . F. AWARD 1. The contract award shall be based on, but not necessarily limited to, the following factors: a) Cost b) Time needed to complete service c) Location of Contractor (distance that vehicles will travel for services) d) References Exhibit A Page 3 of 7 e) Contractor's past performance record with Brazos County 2. Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Contractor considered to be the best value to Brazos County. G. MISCELLANEOUS 1. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote submission will not be valid 2. Contractor must submit and post all questions regarding this solicitation on the Brazos Valley e-Marketplace located at www.brazosbiddonwavemet. Any questions received via email or phone call will not be answered. 3. Point of contact for each location will be given to the awarded contractor. H.. QUOTES 1. Fill out section below and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "IQ 20-025, Janitorial Services". Include the signed Contract and a copy of the required insurance with the submission of quotes. Quotes must be received by the Brazos Count�Purchasing`Department Rrior to 2:00 p.m.. Friday. September 20.2019 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. MRFR AR R.MPLOVEF-q! 9 , LOCATION OF OFFICE: BACKUP STAFF: Please briefly describe your program that is in place for the initiation of such back-up, i.e., responding to the emergencies, how your company can adequately accommodate Brazos County in case of flood, fire, hurricane, natural* or man-made disasters or any other emergency. Please attach a separate page if needed. s ! , _ / � _ExluibXt'A E 7 pg .a REGULARWEEKLY CLEANING Monthly Cost Monthly Cost for Location Frequency of Approx. time to excluding No mve ber and St Service clean each week November and December -due to December) Holiday Justice of the 1 time/weekly �' y� 1�%Q Jr J `'j /`� 0 /6,0',9 T.eace Pct.1 (Friday) 6 , a Constable Pct. V 1 1 time/weekly (Monday- l %� // © go Mornings)6 !` .D Justice of the Peace Pet. 3 and Constable 1 timetweekly (Friday) QD�v Q 0 0,� 3 Pct. 3 , STRIP AND WAX Location Frequency of Service Approx. time to clean Cost per Strip and Wax Constable Pct.1 2 times per year Justice of the Peace Pet. 3 and Constable 3 2 times per year j �J d" � TEMPORARY SITES ONLY Temporary Site Square Feet Approx.a to Cost Per Trailer Approx. 18 feet by Bathroom/Shower Trailers 6 feet with two Oty of 4 bathrooms and two showers each Temporary Site Square Feet Approx. a to Cost Per Hour Brazos Center 15,000 square feet Regular Contact Names/Numbers: 2. &VI � 60(e-1,aN Emergency Contact Name and Number: 2. &/1/1 3. tit 1ShiiKl. new !V-a�7v Exiibt A p 7 g V cal. . 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: Contact:t&�Vjvj d S 1-� S Phone: q 1 I D 1 1' S �% Email: D nOMIS A O-lJ h� U hCP , f� kn Company/Entity: f-�02,65 C &%UJ al Or e�'6 0b- Contact: VV\ t 6A a- ZL Pq`rrJ- Phone: Q. O? l ' 15"95'- - 2 967• —V Email: 11"111710-4 -V 0 e., •s t A. r y �. �:�, A - i •r. ,�s `F :t,Y�r2'.. ..ti• .{�u1�'�TO^h�+ - }�+,G+a.1� . •� �.:.•.. ,�,.y r • • ..��: �+,�+� 4� ��ay .1: i ,, �'a •• �f ^ i"--*., 0 ''+L`�'"Srfa Y.' Id's7:= i"•Ye �9c ;at+r-""i: m�a:`^. yi :t. Company/Entity: Contact: VAN Phone: Email: A L'° Exhibit A Vol. P9.4�-- M-1voutreach CHr"' W- M-A Offerffig". .6to 1890 TED-',RA WAU msw ach Office: 7 691 Cell: (979) 587-0417 TRandall@' tKory McKorg 4001 E. 291' St, Suite 108 Bryan, TX 77802 - N, t Parks; AICP,.: U,MCIL OF601VEMPAENTS. Dennis morri- 'SPSOW Projects Manager Admkdabaffan 205 E. 28th St: BiVin. T.X.77-803 Phninw crm-ckk _U100 Cir'i 000-1 A WYMbbAlitleszom mitc—ff Vol. pg. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion -with any other bidder, and that the contents of this bid have not been communicated to any other bidder_ prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. Name of Company: Tax ID I Address Email: Telephone #: Printed Name: '' Go �— Signature of Authorized Representative: M Exhibit A v Vol. 7 Pg. Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 3614293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SKEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: July 26, 2022 RFP NUMBER: 23-015 TITLE: Sex Offender Treatment Provider REQUESTING DEPARTMENT: Juvenile APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: JLkLy at° t -�, Vol. pg. BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2022-Utility Permit BTU- Mumford Road Upgrade DATE OF COURT MEETING: 7/26/2022 ITEM: Consider and take action on the Bryan Texas Utilities permit to upgrade existing overhead electric powerline on current alignment paralleling Mumford Road. Work begins approximately 4,580' SE of North Harvey Mitchell Parkway (FM 2818) and continues to BTU substation. Site is located in Precinct 4. TO: FROM: DATE: FISCAL IMPACT BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name Utility Permit-BTU- Mumford Road Upgrade,pdf Commissioners Court Joe Salvato 07/19/2022 False False $0.00 Description Utility Permit-BTU-Mumford Road -Upgrade Type Backup Material APPRO (.[ aa�. Duane eters Date County Judge tir Ci. �le 7 TO: THE COUNTY ENGINEER OF BRAZO'S COUNTY, TEXAS'. Pursuant to the Texas Utility'Code, Section 181.024 comes now BWn Texas Utilities (BTU) ftompi7hy ndMej",' hereinafter referred to as "Com'piny" a Tex as state 0 r Corporation, with autho'ity to transact business in Tcxd' acting by and through its duly aufhorized.'representative, and hereby petitions the Co"uh'ty Engineer for the right ;to la y, ...Construct, maintain, repair and/or operate an electrical line under and/or aldng certain County Roads as shown' on drawings iind.diagrams attached hereto and said location described -as follows: EggUiWo Cross Road Road Name & Block Number Length of Crosiik TYPE. -OF CONSTRUCTION ONE Bored _(CHECK Jacked Driven Cased " Facilfty-to'Pamllel County Road Within Righi-Of. way Road Name and Block -Number From TO Dpo h - Distance -Mumford Rood 4,580 ft SE of N'H*4 - 4,975 11 NW of SH 21 . . . 9,030 ft Mitchell Parkway - '(FM 2818) The location and description ofthe proposed installati' on'.and appurtehances must be fully shown on the attached detailed drawi#gs. Co n ghall commence actual construction/work ifigood faith within 60 4ays'fro the dat6 of :said y In said permit and shall com t said construdtiofi7work 'Within 60 'working days.* -.If Stich (�PPMIPAI�y IVWST ML -IN). c6nstructon 0.otbegunby.theWll day, Company will. be 'required to apply for a new permit.. Company dMards that prior�io' filing this application, lication, it ha'sascertained the location—oif4ft Oxisting'utilijids. both -aerial find underground., and the filin' of this application is' pr:ima' facie evidence that the,. proposed installation will.' pot .9, conflict with y.exjsting utility. A copy of this pd.nnit shall bd kept at the job site any time work isbeingp'erformed. It is, expressly -stipulated thatthis Penhitj's a license. for, permissive use only and that the placl'ng'6f facilities_upon public property pursuant to this permit shall c not operate to create or vest any property. right in said holder. . 'is'tinderstood and agreed that the rights privileges herein set out It ato'granted o* to.the extent of the 6p'n" ""is . , 9 -tr ri and 'title Were.&!n the' land to be entered "upon and. used by the holder and 1lie holder will atall tim*esassuinerisk of and indernni& defend -and save hit I rm.,ess Brazos County from and against any and -all loss, daTage§,. qost'.-or. e.xp - qnse ansing in any manner on'account ofthe'.exercise,or -attempted exercise by saidholdpr of.the aforesaid rights ..;:and privileges.,, 'Any deviation from-thesespecifibations mtist•.be appi-OM. by Brazos County Engineer's -Office or its designated ;ed representative. 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VOL 17103 PG. 103 - .. .. .. 1,4 .il::. aMiM10UATH tNLL l2'070)`. :.,(. :. '•'. 19SJLANO URIk511U?1RR,LLc � { .'•. .':a . ,. 1 RAV CUAYM U►"PROnAWWUO itej ''• •4{{' '•1i02LAW UN8&MOTf8,uc , VOX, 15230 P0.027 wcWHa+liicmiien wu +feU' . .::� ., � •.'� ' :.: :'�•. 1. ..:. �• ' 1 1' cm OF ORYAN WL?01 POMP RX 1e REt); rivo :t SS', IrR3 I LEGEND —'—o--- EXISTING OVERHEAD POYVEfiLINE•. �f ;,, • ---e-- EXISTING OVERHEAD POLES TO Be REMOVED fa 4.• i —= o = PROPOSEDAVERHEAD POLE,B ' FBRYANTEXSji1TIL'ITIES';` } ,... PROPERiY.UNES/R,O,W:LINES' a� ,••,.. �. P I ' .MUMFORD � ^^ EXISTING ROAD RD OVERHEAD UPGRADE , DISTANCE FROM EDGE OF ROAD TO DISTRIBUTION LINE " x:, CONSTRUCTIO PLAN y N Dated 613012022 $Cater 1" 200"1 Page,1 of 3V. ' r Vol., ti'_- Pg. - ]BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATIONSTAN TDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY General Requir0menb I Adequat4 drainage shall be maintained in ditches at all times.. 2. Perinittedwill use best ehi miinageni practices ("BMP') (EPA and TCEQ b6th provide lists of examples of, BMPs) to minimize erosion and sedidientation'restilting from the proposed installation., . . .. ..... 3. The permittee shall tak6 precautions to Avoid damage to property. All County Right of Way. andpropertyAali a to its orki conaitioti,., 0 be restore iiii: as far as practical; in the opinion of the County Engineer or appointed representative... 4. The construction and maintenance of such utility. shal.not interfere with the property or rights of prior occupant 5. Permittd6,shdll not interfere with other utilities. Iodated in the right of way. In tho'event damages occur, .'Ocrmiitie will be:liable't6 the Coufity.or other utilities running through the right of way. County njinier sfiqlWitermind Whether or not pe rmittee's plans shall inconvenience the'public. If it is.. -Actermined thdt 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.et .y Rq4uirehien1s,. .1. Sqftraffic control measures must be put in place prior to beginning work and remain in place during the duration- of the job.,A)l traffic control, measures m6stfollow the Texas Manual of Uniform Traffic Contr8f f ri Deviceae '(TMUTCD). Se Tra c Control Requirements below.: ..::'2. 'During construction, all'safety "lations of the Texas Dipartmen don shall be''pbserved regulations t of Transportation .3. Permittep must take gudh'precaufiofis and measures, including placing and displaying safety &Aces, as may be necessary, 0 con public.through the project area. Company d 'safely' dtidt the publi' provide flagmen, ssary, in order t . .. i.hp4by shall pr.. pro sips, s11 anals budeVices necessary to provide complete safety to the public; T1. : :'Adeloatt ions' the made' to cause mini inconveniences, to traffic and adjacent property e owners, :4 provisions mug mum fistiucted, maintained And/or repaired so a to constitute a'::!, 5.. -.N6 cablei-conduitand/of pole line shall be laid,.'Co. i e 1. danger: or likiard Of any kind'to persons or vehicles using'such road: Any p6les' laced in did'Right of Wiy for P. future shill be--pl- placed at badkof the Ri of Way. Ex6entions maybe approije . d by the County U 9nikrol Plan. . . .... ... :::C-.-- Traffic, A traffic c6 plan,: ant to the. TMUTCD,.6r Engineered Traffic. Control Plan must be provided control pursuant followin a;.:: ;A4consiructicid(i.e4'it, excavation, hole) left open. over night,4eqwires specific nightti1he traffic corif r6l measurespursuant t6.'the TKUTCD; f tiucdon'is within ten 0) feet of -the ro"adwa' b. If .(I y, or c. Any..4Ai6rk'Oerformed in the 'road right-of-way; ... ... 2. Plan must, be attached to the permitand kept at the i6b, site -any time .work is being performed.': Pai'l, - 3. --Plan must set forth the time of completion for the job:-' D. Desigq Standards 1. All overhead installations shall conform to clearance standards of the Texa's Department of 'ransportatiba and the pole be placed in the designated area for power specified as set forth in the' -Texas Utilities Code, Section , 181..045. 2. All pole. installation sncludin li trri shall be." laced at the backside of the Ri t of•Wa •'to ensure safe .•' to the,public• My pole placed in violation of this requirement will be required to be moved to, the appropriate„ location at the company s expenso. -Exceptions may be approved by the County Engineer. 3• All under ound installations shall these are minimum depths — utilitymay lace deeper): a. be placed at a minimum depth offorty-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; ' ' j."1 c. be at least forty-eight (48) inches below ditch flew line if low'pressure gas'or petroleum lines. For high; pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than tea (10) feet from the edge'of pavement, Exceptions may apply in rights of way of Ie-ss . than 60'•$�. . h. Watet L'ir'es. All water lines must be 'a imnimum 36-inches below the'ditch flow line and cased.' Waterlines; °'E , . shall be cased if crossing under the roadway, S. Utilities in all new developments'ihii:bave 60'feet Or greater of right of way shall:be installed within ' ;r designated locations based upon'the.type ofutility. The locations shall be as follows: (measured. from back of.. right -of Power - 0-2 feet; nominally 1', Phone = 2-4 feet, nominally 3' ..� . Gas -4-6 feet, -nominally S': Cable — 64 feet; nominallyY i i ,6. .Utilities•;with less than 60 feet right of way in all new developments shall install the utility in a.9inu ar manner as referenced in No. '3 above, however, the County Engineer or its designated representative'will provide; final . approval ofeach'utility-location': 7. The length of any trench to be' open+ d•in advance of the pipe, conduit or ducts may not be longer than 400 k, if ; . left open' over night or unattended. Crossmg5.unaer a county road shall:;.: :.: a, be bbred'or jacked. ABSOLUTELY NO OPEN CUTS WITHIN,COUNTY:ROAD TAVEMENT;.) b•, bs pressure grouted for the'full length of the crossing if the annular space Between pipe and casing andIT ; soil exceeds one'{l') inch. Brazos County must' be'given 24 hours notice'dpressure 'kiting operations and have the opportunity to have.an inspector on site.to observe pressure grouting operations; ' c:: TxDOT Standard: Speeifieatiari 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 pavementwithout prior approval frorii the ' Cdbnty,Engin6dr or his representative• t d. when pits.are to remain open for more than 8 hours, due diligence will be ,uscd-in protecting the spoil ile %to prevent drainage problems; ' Vcyp7.Ply;'. ,dam i't�, ...,+•...,-,..gvr... _�...a.R`a_gt�.}A��ti:.. - .r..::i.:.. =.q :r..w}.a3 �ir+'s,'. 't .v. .....,•*adc ..v :, r. ..ec:. •• � .a�� :`rk,f.�. e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement Verrient integrity ; f. ba. s'pd upon soil conditions the County pits be placed Engineer or his representative may. require ftirthr F -qui from the edge of road. 10. Anyinstallation within ten (10).feet of edge of pavement shall meet the following: a. . lb6ation must be: Approved by'the County Engineer or his representative. b. 'ba'ckfilled with cement stabilizedmaterial. c. based upon soil.conditioni, the County Engm"eer'or his representative may require sho#ng to protect:'..'',.. pavement hiteoty, d. All excess water and mud shall .be removed from the trench prior to backfilling.- Any backfill placed;'�' - dupg a rainy period or at other'times whcre'bkcess 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 permi c.' All "disturbed base and pavement materials sh4ll'be removed'and restored to the satisfaction of the C6u'n'tv' Enginedr'or his representative' f. Nd'.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 Comp , a , ny.damage$ the slope, shoulder of any other portion of the riot-of-way;.Company will beresponsike,-: for repairing the dainige And replacing the right -of to the �on tion.it was prior to commencing 'ij. ay di ri construction. 12. Operation of construction and/or maintenance equipment on thd*traveled surface of any improved County- road will not '6'permitted, *except hi an instance whereby the laying, construction, maintenance and/or repair of..--]:- cablcs,:c`bnduits and/or pole lines cannot be accorilp lished by any dthir method and in this event all sudht_ nt*shall be of the rubber tire' variety. Appropriate traffic control sbill be provided meeting TMUTCDi' equipme vad requirements. 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 be required to providea .." t 11 �perfbrma'nC:6 bond.or letter of cre&it'se"curing necessary repairs. Said bond amount will be determined by the, County Engineer. -of'.No Objection" the Army Corps of Engineers gincers for all desig�ate .::14. The applicant shall subinit a " letter d wetlands and environmentally se rWfive lands. —0. Emergencyip&k 1. In the event Company is required to perform emergency services; that requires excavation in a County Right; County ty Engineer prior to'condu W o ay,,.and unable to notify the conducting emergency repairs, Company sha notify y 9 Cd ' x.i#ty Engineer within 24 -hours of beginning constru6fiqp/reoair.s. This will. allow the County . Engibe'eii and Road & Brid' (iffil 'opportunity to inspect the site. to ensure theintegrity of the County: ge cc an Right gf Way and traffic; ':saf ety controls used. . .... .. F. Repairs, &-xisdhgfdclfifies I. Maintenance andlot repair. to existixig:6blds, conduits, and/or pOlp. lines'whidhrdquire Oisturbzincc of the soil; shall riot be performed until plan�-desdribinjz'such maintenance and/or repair have been approved by ...... prove County Engineer or designated representative and permit has been obtained. re-, a d. Relocatkin of udlides: .1. Wfieihand if the County Eng'incer'deterininest'hit'it is necessary .for the construction, repair, ;mpr6vcmdht,'.:: - alterati6ji.or ielocaticin of all or any pqrtion of said road, any or all poles, Wires;- pipes, cables or other facilitics and appurtenancessaid load, d, or reset or relocated thereon," required by the County Engineer witliin a reasonable time as 6nnined by the County Engineer and Utility Company, and at the expense of the Utility Company: VOL, P 17� I Form 50-181 Qpp:licatio.n for Tax- Refund n p ---- ay , entsor Erroeo n Payments Brazos County. Tax,Asspssor Collector Colledii;n bffice-ftffie Ph6hq (awxcde&ndrf&mb0r) 4151 County Park Ct, Bryari-, TeXa$,-Y70.lDl2 Addiiss;'ft ttal te, ZtP.Cbde City of -CollegiStati7on,,B_-r-��Ko�� Dq�q!i 61 C lege'.8tation ISD CoDktiiqq;T4FW waits) GENERAWNIFORMAMM'Ns application is,foY use in'requesting a,tax-refund.pursuant'td�TaxtodeSection 31.11AW 6IMpt4fitr Role 9.3039.70 apply f6r b Wtefund, the taxpayer ojrtqpresentat(ve-musi.completetectlugs,t thtoughlof this applfcaUori.the, re(UhdihdckvrllI be"mddeoayable.to-tiietao-aket and mailed tid the faxpayeraddrass provided below; HUNG INSTRUCTIONS: *s.&cumeht and all supporting cl.pcuMezitafion must bp:filqdtylth1he tax collectorof the tWing uniffor y4hich ouArerequeifinatifupd.-Dondi.,fue this docuirient With -the Texas Comptrollefof Public; ..Accounts.. A directory With contact in rmktionfbrcounty tax ofr 'tr�lllefls websIte. ices= befbqndtqnjheComp 1, SECTION i.Va—xpayer In6mation Ross, Allen Epstelh! & Janet Epstein. Name of-TWayer (512-Y4113-8137 roeP#felh@ac0,com Primary e4oqqNunibertand,cadeimdAom4er) Emil Addiewsl 1920'Sher(ill Ct, College Stption, Tkao,77045 Mailing— (Ity,itopziCode SECTION 2: Authorized Representative ProAde the Informstionbelow liah agent has been . A,0 Ooiotecl-,unclerTax qode Section 1.111 to, represent they. axpayer for tax matters. Attach a completed and signed Form 50-162,Appointment afAgent forProperty'-Tax-Mo(ters, tfihe.fbr(n has not been filed with the oppralsal•djstrlc 'InclMl ual iaxpayers handling iWmatters'.06theli ownb6lizilfskip to section 3. Name ofAuthorize0 5pfesantative Title ofAuthoilzed Representative Primary, Phone Number(&fo-codg and,"bei) - Email Address' . . . 1. SECTION 3: Property Information 418221 AppralsqlPilfflit A=qnt-Num6qr 1920 Sh-erfill CL, College Station, Texas; 77840 wcafloaAdAresi, City, lik zip Code Legal Dqcdotlon-(or attach copy ofoe-tax bill art Receipts. attached OR - .314.8.399' and 3149066 TaxROOOMMet DivisionI --FemmW*mtcQP'ies; visit: c6M-pttolIez.td)(aq(0V1t vol. M6 SECTION 4:Tax Payment Information Complete the tax payment lnt6imation*teqiiettod'66(6W.for each taxing,'unit from Alch iiied Is requested. A sepatate.docurifent.containing ,the.sgMo Ift(drMatIonTh4ybe- atta6eiffdr.additionatta*frfg,un[6,lf,necessar.y. 7-7— Nam0ofTaxingUnit PrornWhIch Refund Is Requested, YearforWhIdi Refund is Requested Date of the Tax Payment AnlDunt of TaWs N18 Requested, MIT, MWOM: S .6,31.0.63' it - __ —_` ®� -) Takpayerli Reasoh for,Befun8 taltbeh supporting ddcumentotl6h) I request. re b or 201 , TOx'OffiPes.', were ijot, In formed o f t he,title refund and Interest. Purpbased H use'Octob transfer until, Marc'h'2022,'so my,iname'. was not on the billing recQW.'Misanwhilee previbus,owner paid,the.-tax, so. the balance was, zerp,(no -tax owed)..,:Previous owner was refunded her -tax because she.paid thet.bill sent Io hot. When I finally received -rq delayed -tax 6111-1. th0b) was penalties and 11hWe9t attach6d., I request refund, of all Ooriiltlos and interest. SECTIGN5: Taxpayer Signature I hereby gpplyFbir the,reft;Od df,tbd tlWe desmkoO-Wes and ardfy Ifiat:the Infamatl4hil have glVe6o0this],form IsVOt Wd colrint. here Ross AllerfEpteln PrintTaxpa, .Jame sign � o. -W26/20222 re Taxpayer Signature * Rate if,you make afalse siatement-onthis applicaqO n,yqu-rould'fie found guilty of a Class A misdemeanor or -it state,lailfelonyundgr.TeWPenal'.Cbde, §37,10. if the collector dots notrespond to tfiis,appliW[on Pri.orbetwe theOoth,,day after the date*,g appllcatforf rorm Wfiled with the,,colle.cipr,-Wi4.appli-ca..Eon,is pres4me4, to have, beemdenled. the taxpayer mayfiWsult againstthaiWng unit In the'distddcourt to. compel payment oftherefund If if 15AIed 60 not later than the _1th date after-ihe.c9Itectqr -denies the -application. 'See GovemmefifC§#Secfl6h 551.137,rd§grdJhg confidentiality of'gMditaddresses. - - _FOR,.CO1LEMQR_USE ,'_ON1Y__ F Ora-i to af Ylkitod(noy6lera wofto �ilprtverty-tsx P I V01. :aLz-- 9- TAX RECOPT 042W-022 MMAM KRt&T- EE R - KO E, CT�A PF1# (S7% 77SA99W BRAZOS COUNTY TAX ASSES§dA- COLLECTOR 4161'COUNV PARK CT BRYAN, TX 77802 PA -BY .- EP.STtUq,RoSS-AL-LtN- & JANET 100 SHERRILL CT COLLEGE STATION, TX T7845- t r -e-,Aw R� it RK 431i, 41#12 . ra i� 51A. 0-su '�i! - AN I - m A- A WS7 071- 418M — — ----- A12600-MO-0060— 0.0000. 1920 SHERAILL CT WLLEQE STATION, TX 77845: Vv 4 I IN f 0Vy 0, if- A" &TIAT. 202.1: 0.634&2 393;7n 134we N 4p8;63- oxo 1,73:66- 0:09, 0.00. 1-AzI8 COULEGE'STPMOU ISO 2021 121520 Mms Wm N 3,6811.25 0.00 39C71 0.00 .0.00 3,982.96 Sklancd MdAs.01' 0412512022 .00 Check: i057. 735274 7352X4 -:- H alopez Z968-WIM4125=22' Special Condition E*twfor.this.Property Page: 1 Receipt Issuedin Accordarm with Sectign 31,075 of theTexasOmperty TaxCode Vol. 0& �pg. 20-Apr 25-Apr 4/20 P&I 4/25 P&I total Pay Total P&I City of Collge Station 526.20 1578.63 57.88 173.65 2336.36 231.53 %Rraos'C-0—MI . L483.24 %M-W-21 z, OMt M&M C �T56 67 2B College Station ISD 1196.09 3588.25 131.58 394.71 5310.63 526.29 Total of all units 2208.03 6624.09 242•.89 728.65 . •9803.66 971.54 Total Paid 4/20 2450.92 total Paid 4/25 7352.74 Total Paid Taxes w/P&I 9803.66 2 i VOL _ 7._ —_ pg. e TAX RECEIPT 412012022 1.46:09 PM ;BRAZOS COUNTY TAX OFFICE 3,148399- 4f.51 COUNTYPARK-CT Bryan, DUT78.02 . 4�rnqtft§ Payment PATPBY- b,'gt;,.FuIPaymAnV' � Ross Epstein 32450,92 O Scan this coda with your-M000 phoneto vW&IhIt ' A2, 7MM W:� W K�7anci Addles 418221 419600-0420-0.600 0 EPSTEIN- ROSS. ALI EN A. JANET MISSION AANdI4 PA 461,.-*dL0C'W20, LOT 6 1920.SHERRILL CT W_ — .0 Itto r"W V. 101_ Yh� � 1020 bHtRMLL (PVt)-tt- ' G OLLEGE, STATION,T.'x 77845 - 1.6 'Itn t " Att crrY'0F&'*L, STAT. 2021 -0.5m 393.704 =620 S0,00 $57168. IC0,00 S-0 m ia8hZrS$I ormr_�' CdLLEGE5rATI0N.(S6' 2021 1.052 393,70S $i f9s.69 80.00 sisi ss 10.00 $0100 WNW $2460.'92 operator Batch Total ft-d abhes, PMT-lateMet EC 04092622 $245U92 Rpdoo Section -n 075ofthd.TeiatProoertyT.6-xCode U Qqdln_Acdot4dffceMithS4t n TAX RECEIPT, 412012022 1.46f09 PM F A israi-M-IN BRAZOS- COUNlYTAXOFFICE - '66U W 41M �PAAk'Ct 3147051 Bry6h, TX 7-7802 41412M V-4 Payment RKd PaymentMID BY-, WAGNORELIZABETH $7220.25 1J 'Burn this code wifh rmo your mo view L bM 5,77 I PC 0 419%0-042Q-06W� 0 M. t221- M EPS.TEIN:RO$S A" EN & 4ANEr WSSIOWIM.Cfi, PH 401:v ao-Cfc 20; LOT 0 1000,SHERRILL CT Mfg- ECOLLEGE STATION, TX 77045 1926- N4 EKfklLL.(0-V-TY.C7; CRY OF'COLL STAT. 2021 0.5146 393-.708- $W&G3 'SQ-0 $14207 0,03 MOD 'U720-70 COLLEGE STATIQN ISO 2021 1.2152 393,708: :$358&25 10.00. $3nN $0.00 %00 ;391f.19 $7220.25 "Operator BOO tmoore PMT Internet -CC 04072022 Receipt issued in -Accordance with Section 31".6.75 dthe Taxes -Property Tax Code. T0t41;Pz-ld $722025 vol 7 pg. 02 BRAZOS COUNTY, TEXAS BUDGET A1I NDMENT(S) FOR THE 2021-2022 BUDGET YEAR NO.21/22 40.1— 40.9 On this the 26th 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 26th 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 26th day of July 2022. THE COM USSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: 4--- Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 3k7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 40.1 7/26/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Capital Improvement Fund Commissioners' Court - Ca ital Departmental Support Expenditure 37,541.00 Capital Improvement Fund Facility Services - Capital Capital Outlay Expenditure 9,781.00 Capital hnprovement Fund Exposition Center - Capital Capital Outlay Expenditure 7,000.00 Capital Improvement Fund Road & Bridge -Capital Capital Outlay Expenditure 20,760.00 Various -Capital To reallocate funds to cover increased costs to purchase 5 vehicles in the approved FY2022 Budget. aarx3i.`+�'i v. ,. a4r. 1-7 .,..sk € f vCouofy ggAApp oval`' x r :D�teV va. = pg., 77 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 40.2 712612022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Voter Registration Fund Voter Registration Departmental Support Expenditure 30,150.00 Voter Registration Fund Voter Registration Professional Services Expenditure 20,500.00 Voter Re titration Fund Voter Re 'stration Contractual Services Expenditure 9,650.00 Voter Registration To reallocate funding for purchases in the Voter Registration Fund 'J�ideAPi?rgi/air��ra vOf. - pg. 0 ,7 g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 40.3 7/26/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Capital Improvement Fund Conunissioners' Court -Capital Departmental Support Expenditure 26,000.00 Capital Improvement Fund Commissioners' Court - Capital Capital Outlay Expenditure 26,000.00 Commissioner's Court Capital To reallocate funds to purchase a vehicle for the Public Defender's Office. U.. V 1�: 347 pg. -L2- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 40.4 7/26/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Capital Improvement Fund Commissioners' Court - Capital Departmental Support Expenditure 262,000.00 Capital Improvement Fund Other Financing Uses Expenditure 262,000.00 General Fund Other Financing Sources Revenue 12,000.00 Commissioners' Court -Non Capital Other Financing Sources Revenue 250,000.00 General Fund Facilities Services Contractual Services Expenditure 12,000.00 Commissioners' Court -Non Capital Sheriff's Office Jail -Non Capital Maintenance and Repairs Expenditure 250,000.00 Facilities Services and Jail Non Capital To reallocate funds to purchase a replacement HVAC unit for the Jail ($250,000) and to establish a rental contract to have an HVAC unit on standby ($6,000 per month) in case of HVAC failure before the replacement can be installed. =eN,G� � � ounfy`Jttd�e}�pPmval; ., £MA BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.21/22 -40.5 7/2612022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Fleet Shop - Light Fquipment Repairs and Maintenance Expenditure 3,106.94 General Fund Fleet Shop - Light Equipment Departmental Support Expenditure 3,106.94 Fleet Shop - Light Equipment To reallocate funds to purchase a new air compressor for Fleet Services. uIffN i! }. ' a9 Me vaf§ .vol, �% pg. a1. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 40.6 7/26/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Capital Improvement Fund Other Revenue Revenue 37,500.00 Capital Improvement Fund Sheriffs Office -Capital Capital Outlay Expenditure 37,500.00 Sheriff's Office Capital To recognize donation to install five ballistic windsheilds in Sheriffs Office Tahoe's. Vol. pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.21/22 -40.7 7/26/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE 2020 Certificates of Obligation 2020 Hail Repair Capital Outlay Expenditure 1,658,491.56 2020 Certificates of Obligation Roof Repair Juvenile Contract Services Expenditure 559,951.32 2020 Certificates of Obligation Roof Repair Sheriffs Office Contract Services Expenditure 523,833.34 2020 Certificates of Obligation Roof Repair Road and Bridge Contract Services Expenditure 304,814.06 2020 Certificates of Obligation Facilities Services - Building Contract Services Expenditure 209,367.84 2021 Certificates of Obligation Roof Repair Constable Precinct 3 Contract Services Ex enditare 60,525.00 Roof Repairs -Various Buildings Reallocation of funding for CIP#22-630 for various roof replacements - Phase IV. }. i� i s �f •j 5 * 7j :g,.4q yp,�sF 2 a77'-�-��«�bfi .•� �_Courify Jutlge"Approval Daf� eyf -VOL 347 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 40.8 7/26/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 25,000.00 General Fund Sheriffs Office Contractual Services Expenditure 25,000.00 SherlfPs Office To reallocate funds for background investigations for Sheriffs Office applicants Of,ems' :. Vol. 3-0 _.,Pg. _ - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 40.9 W2612022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE County Health Endowment Fund Revenue 23,633.01 County Health Endowment Fund County Health Endowment Fund Expenditure 23,633.01 County Health Endowment Fund County Health Endowment Fund Community Contracts Expenditure 1,010,633.01 County Health Endowment Fund Other Financing Uses Expenditure 1,010,633.01 General Fund Other Financino Sources Revenue 1,010,633.01 Geneml Fund Commissioner's Court Departmental Support Expenditure 1,010,633.01 County Health Endowment Fund and General Fund To reconginze additional revenue received for the Tobacco Settlement and to transfer funds from Fund 02000 - County Health Endowment Fund to Fund 01000 - General Fund. The transfer of funds will close out Fund 02000 - County Health Endowment Fund for fiscal year 2021-2022, and funding will not be allocated to this fund in the future. r----,\ 7*"� 1 h�?r" ._r- ..... . C�Jutl9e ApproVaF ATI ......., Vol. ,,,,- Pg- Personnel Change of Status Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: ( Jul 21, 2022 ) 07-26-2022 Human Resources Consider and Take Action on Change Employment Sheriff Office - Administration Coonz, Cody Sheriff Office - Jail Administration Harris, Ashley Sheriff Office - ]all Administration Hernandez III, Albert Facilities Services - Administration Holliday, Christine Sheriff Office - Jail Administration Stokley, Raymond T •• z S.Fi4 'fr. SL i {x` RsWf��t F4! .fN-ik.eZ?Si A..jl . Separations -A GDepartmen� e, EmplayeeName n j . Jail Medical Services Duckworth, Jeannette ql x Approved in Commissioners' Court: 07-26-2 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) l �� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 07-26-2022 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 Elections Administration Velasquez, Paul Change of Status Juvenile Services Detention Road and Bridge Vega, Perla Cole, Reagan Wade, Skyler Approved in Commissioners' Court: 07-26-2022 : County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Change of Status Change of Status Change of Status Vol. °% Pg.