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2022-08-23 10:00AM REGULAR
i 2022 r,lks ; I q A ID, 42 .� �Yk{`t Eke E °+ AS• BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGU(S'T 23, 2022 AT 10:00 AM IN THE COMMISSIONER'S COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX,' 77803 THIS MEETING WILL BE CONDUCTED BY VIDEO CONFERENCE WITH AT LEAST AQUORUM'OF--COMMISSIONERS COURT MEMBERS PARTICIPATING IN PERSON AT THE COUNTY ADMINISTRATION BUILDING IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION 551.127 OF THE TEXAS GOVERNMENT CODE. THE PUBLIC MAY WATCH THE MEETING LIVE AT FACE BOOK.COWBRAZOSCOUNTYTX Invocation and Pledge of Allegiance • U.S. and Texas Flag —Commissioner Aldrich 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 - 20 3. Approval of the Extension of Declaration of Disaster for Exceptional Drought Conditions. 4. Resolution 22.016 supporting a safe streets and roads for all grant application to be submitted jointly with the Bryan/College Station MPO and other local jurisdictions seeking to conduct a comprehensive safety action plan. 5. Discuss and propose 2022 Tax Rate. 6. Consider and vote on the FY 2023 proposed salaries and allowances for elected county and precinct officials. 1/0l. 3 1 J Pg. 7. Approval of the I nterlocal Agreement between the City of College Station and Brazos County. 8. Approval of Contract for Services with The Grant Lab, LLC for review of grant opportunities, development of grant applications and managing awards. 9. Approval of Renewal of Contract 22-155R Vehicle Graphics with CC Creations. 10. Approval of Contract #22-162 with Darrel B. Hester Juvenile Detention Center for Secure Short-term Detention of Juvenile Offenders. 11. Amendment #1 to Contract Cl P 22-641 Replacement of Various Roofs - Phase V with 1 st Choice Commercial Roofing to remove the Brazos County Juvenile Detention Center Portable Modular. 12. Approval of Contract #23-006 for Brazos County copier maintenance with Dahill Office Technology Corporation dba Xerox Business Solutions. 13. Permission to advertise Bid #23-021 Stall Shavings and Pellets. 14. Approval of Contract #23-029 for Employee Assistance Program Services with Deer Oaks EAR 15. Consider and take action on the Optimum (formerly Suddenlink Communications) utility permit to conduct a road bore at 3743 Chaco Canyon Drive for a service connection to install intemet service. Site is located in Precinct 1. 16. Approval of the Final Plat of Southern Pointe Subdivision Sections 104 & 120; 12 Acres; Sterrett D. Smith League Survey, A-210, City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. 17. Tax Refund Applications for the following: Overpayments • a. Ronald & Sherri Scott - $100.52 • b. Brent M or Sarah L Graham - $44.70 • c. Space Liquor- $70.00 • d. Amarillo National Bank - $29.43 • e. Betty J Conley - $20.00 • f. Laura Ann Salazar - $5.76 18. Budget Amendments. • FY21/22 Budget Amendments44.1 -44.5 19. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 20. Payment of Claims. 21. Acknowledgment of Continuing Education Compliance per Tax Code Section 6.231(d) for Kristeen Roe, Tax Assessor -Collector, for the period of August 1, 2021 through J my 31, 2022. 22. Acknowledgement of FY 2021-2022 Budget to Actuals by Fund as of August 17, 2022. 23. Juvenile director's report on detention population. 24. Sheriff's report on inmate population. Vol. � pg. 25. Announcement of interest items and possible future agenda topics. • The Fiscal Year 2023 Proposed Budget has been filed with the County Clerk. 26. Call for Citizen input and/or concerns 27. Adjourn. Vol. , pg. r , e PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioner's Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. MINUTES AUGUST 23, 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, August 23, 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, Present via Zoom; 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. Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Aid rich 2. Call for Citizen input and/or concerns Deputy Emergency Management Director Jason Ware updated the Court on the drought. Mr. Ware stated that although we have received rain there are still several areas in the county that are high on the drought index. He recommends keeping the Bum Ban in effect at this time and they will continue to monitor the conditions. Consider and take action on agenda items: 3 - 20 1. Vol. � P9. s 3. Approval of the Extension of Declaration of Disaster for Exceptional Drought Conditions. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 4. Resolution 22.016 supporting a safe streets and roads for all grant application to be submitted jointly with the Bryan/College Station MPO and other local jurisdictions seeking to conduct a comprehensive safety action plan. The Court voted unanimously to adopt Resolution 22-016 supporting a safe streets and roads for all grant application to be submitted jointly with the Bryan/College Station MPO and other local jurisdictions seeking to conduct a comprehensive safety action plan. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 5. Discuss and propose 2022 Tax Rate. Judge Peters announced the proposed 2022 rate is $0.4835/$100 valuation. The 2021 rate was $0.4935/$100 valuation. Commissioner Cauley stated the tax rate was discussed at great length in the Workshops and offered a motion to reduce the tax rate to $0.4835. Commissioner Berry agreed and seconded the motion. Commissioner Ford said he feels this is not a reduction because of the increase in appraisals. He would like the Court to continue discussions and strive for a no new revenue rate. Judge Peters stated they have had many discussions and now is the time to vote. Commissioner Aldrich stated he would not be voting in favor of the $0.4835 tax rate saying we are asking voters to pay seven million more at this rate. Judge Peters added there are many projects that were not completed due to COVI D-19 and funds are needed for those projects. Commissioner Cauley called the question. Judge Peters asked for a show of hands in favor of the proposed tax rate of $0.4835. Commissioner Cauley, Commissioner Berry and Judge Peters all raised their hands in favor of the tax rate. Judge Peters then asked for a show of hand against setting the tax rate at $0.4835. Commissioners Aldrich and Ford both raised their hands against the tax rate. The motion passed with a majority vote. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 3-2. Ayes: Berry, Cauley, Peters. Nays: Aldrich, Ford. The Court established the date and time for a Public Hearing on the proposed Fiscal Year 2023 Budget for September 6, 2022 at 9:00 a.m. in the Commissioners Courtroom. The date and time for the Public Hearing on the proposed tax rate will be September 6, 2022 at 9:15 a.m. in the Commissioners Courtroom. Motion:, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry.. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 6. Consider and vote on the FY 2023 proposed salaries and allowances for elected county and precinct officials. Vol. Pg. Judge Peters stated the increase includes the 7% COLA increase, he was corrected by several Court members that it is a 7.5% increase. He added that the Court members are not receiving the 7.5% COLA. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 7. Approval of the I nterlocal Agreement between the City of College Station and Brazos County. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 8. Approval of Contract for Services with The Grant Lab, LLC for review of grant opportunities, development of grant applications and managing awards. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner I rma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 9. Approval of Renewal of Contract 22-155R Vehicle Graphics with CC Creations. A copy of the renewal of contract and bid tabulation is attached. Motion: Approve, Moved by Commissioner I rma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 10. Approval of Contract #22-162 with Darrel B. Hester Juvenile Detention Center for Secure Short-term Detention of Juvenile Offenders. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner I rma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 11. Amendment #1 to Contract CI P 22-641 Replacement of Various Roofs - Phase V with 1st Choice Commercial Roofing to remove the Brazos County Juvenile Detention Center Portable Modular. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 12. Approval of Contract #23-006 for Brazos County copier maintenance with Dahill Office Technology Corporation dba Xerox Business Solutions. A copy of the service contract is attached. �7 Vol. -0 Pg. I Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 13. Permission to advertise Bid #23-021 Stall Shavings and Pellets. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry; Cauley, Ford, Peters. 14. Approval of Contract #23-029 for Employee Assistance Program Services with Deer Oaks EAR 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. 15. Consider and take action on the Optimum (formerly Suddenlink Communications) utility permit to conduct a road bore at 3743 Chaco Canyon Drive for a service connection to install intemet service. Site is located in Precinct 1. - Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 16. Approval of the Final Plat of Southern Pointe Subdivision Sections 104 & 120; 12 Acres; Sterrett D. Smith League Surrey, A-210, City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 17. Tax Refund Applications for the following: Overpayments • a. Ronald & Sherri Scott - $100.52 • b. Brent M or Sarah L Graham - $44.70 • c. Space Liquor - $70.00 • d. Amarillo National Bank - $29.43 • e. Betty J Conley - $20.00 • f. Laura Ann Salazar,- $5.76 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 18. Budget Amendments. • FY 21 /22 Budget Amendments 44.1 - 44.5 44.1 Reallocate funds forAltemative Dispute Resolution. 44.2 Transfer Contingency funds to Purchasing. 44.3 Transfer Contingency funds to Commissioners Court. 44.4 Transfer Contingency funds to Risk Management. 44.5 Reallocate funds for Risk Management. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 19. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 20. Payment of Claims. Claims 8117042 - 8117186 9005589 - 9005637 Motion: Approve, Moved by Commissioner Nancy'Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 21. Acknowledgment of Continuing Education Compliance per Tax Code Section 6.231(d) for Kristeen Roe, Tax Assessor -Collector, for the period of August 1, 2021 through July 31, 2022. The Court acknowledged receipt of the Continuing Education Compliance per Tax Code Section 6.231(d) for Kristeen Roe, Tax Assessor -Collector, for the period of August 1, 2021 through July 31, 2022. 22. Acknowledgement of FY 2021-2022 Budget to Actuals by Fund as of August 17, 2022. The Court acknowledged receipt of the 2021-2022 Budget to Actuals by Fund as of August 17, 2022. 23. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 32 juveniles in the detention center, 26 are male and 6 are female, and 37 have electronic monitors. 24. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there are 661 inmates in jail, 560 are male and 101 are female, 54 have electronic monitors and 7 are pending for processing. 25. Announcement of interest items and possible future agenda topics. The County Judge made the following announcement. • The Fiscal Year 2023 Proposed Budget has been filed with the County Clerk. 26. Call for Citizen input and/or concerns There was no citizen's input. 27. Adjourn. Vol. __��._ Pg. LO0 The foregoing minutes of the Commissioners Court Meeting held August 23, 2022 have been examined and are approved in open Court this 6'h: day of September 2022, in Bryan, Brazos County, Texas. Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 AR Russ Ford Commissioner, Precinct 2 Irma Carley Commissioner, Pr mct 4 Attest: & Karen McQueen County Clerk Nancy Berry LI Commissioner, Precinct 3 Vol. P9• �-- Pg 1 of 3 BRAZOS COUNTY COMMISSIONER'S COURT a3 DAY OF & Zo as t o : o0 Name (PLEASE PRINT) �i k40 ���-ts Organization (PLEASE PRINT) To <l Z 406-47--L— � e sv Vol. pg. 1 Z Pg Z of 3 BRAZOS COUNTY COMMISSIONER'S COURT c�-..3J,-D_AY OF Name (PLEASE PRINT) 20,E-L- Organization (PLEASE PRINT) .gL PA-4 r s +l VIOL r Pg 3 of 3 BRAZOS COUNTY COMMISSIONER'S COURT C"4 DAY • 1- Name (PLEASE PRINT) c� r Organization (PLEASE PRINT) Vol. �_� Pg. BRAZOS COUNTY Extension of Declaration of Disaster WHEREAS, on the 16'' day of August 2022, the County Judge issued a proclamation declaring a state of disaster for Brazos County resulting from exceptional drought conditions. WHEREAS, the County Judge and Commissioners Court of Brazos County have determined that the conditions necessitating a declaration of a state of disaster continue to exist and are likely to continue to impact the county for quite some time; and WHEREAS, §418.108(b) of the Texas Government Code provides that a local state of disaster may not be continued for a period in excess of seven days Without the consent of the governing body of the County; NOW, THERE, FORE, BE IT DECLARED AND ORDERED BY THE COMMISSIONERS COURT OF THE COUNTY OF BRAZOS: That the local state of disaster proclaimed for Brazos County by Judge Duane Peters shall continue for a period of sixty (60) days from the date of this Order and expire on October 212, 2022, unless or until terminated or extended by order of the Commissioners Court of Brazos County. This declaration shall take effect immediately from and after its issuance. DECLARED this 2022. Duane Peters County Judie Steve Aldrich County Commissioner, Precinct I Nancy Berry County Commissioner, Precinct 3 ATTEST: !29� -ems- -—�---._...- Karen McQueen, County Clerk Russ Ford County is ner. recinct 2 I rr& Cauley County Commissioner, Pre inct 4 ��. Vol. L1111, C s BRAZOS COUNTY Safe Streets for All Resolution Whereas, crashes that result in death or serious injury are not inevitable but largely preventable and stem in part from human inattention and designs that are ineffective in accommodating multimodal uses in urban environments; and Whereas, it is the role of government to do its part to serve and protect the populace; and Whereas, Brazos County is recognized and strives to be continually acknowledged nationally and internationally as a healthy, attractive, desirable, and safe County; and Whereas, the State of Texas leads the nation in traffic deaths, had the highest number of deaths since 1981 and the second highest since record keeping began in the 40's; and Whereas, the number of people dying and suffering serious injuries on our streets is a serious public health problem which necessitates public action; and Whereas, crashes on County roads necessitate a comprehensive and specific approach to street planning, design, policy, enforcement, legal processes, education and communication in order to provide the most powerful solution to solve the problem; and Whereas, a commitment to zero traffic deaths is a commitment to life and equitable opportunity for people in Brazos County; and Whereas, implementing a zero traffic deaths commitment requires the continued support of residents, business owners, and visitors to Brazos County, acting as individuals and collectively through neighborhood or advocacy organizations to improve the safety, comfort, and usability of County roads for all users; and Whereas, Brazos County will join other leading counties around the nation in their commitment to eliminate traffic deaths and serious injuries on our streets; Now, Therefore, Be It Resolved by the Commissioners Court of Brazos County: Brazos County commits to a goal of zero deaths or serious injuries that are a result of crashes on County roads by 2035. Be It Further Resolved that Brazos County acknowledges that achieving this goal requires significant effort and resources and will participate in the development of a Brazos County Comprehensive Safety Action Plan coordinated by the College Station/College Station Metropolitan Planning Organization following a successful Safe Streets and Roads For All grant award. Vial. '37J pg. 1 L Be It Resolved that the Comprehensive Safety Action Plan will use a data -driven approach and best practices to outline specific steps in planning, engineering, policy, enforcement, engagement and education to reach interim steps toward zero deaths. Be It Further Resolved that the Comprehensive Safety Action Plan will put equity at its forefront, striving to address the hazards on the most dangerous parts of the transportation network and reduce the harm to the most vulnerable and dependent users to improve the health and well-being of those traveling on streets in Brazos County, and the Plan will use data and community outreach to develop strategies that aim to end death and serious injuries on County roads in the effort to ensure outcomes will be experienced equitably throughout the County. Be It Further Resolved that the Comprehensive Safety Action Plan will use refined data and public comments from those who use our streets, including those who live in areas that experience high crash rates, and those who advocate for safer streets for all modes obtained through a diverse range of outreach activities designed to understand both concerns and opportunities with advancing this commitment, to determine appropriate and effective steps to achieve the plan. Be It Further Resolved that Brazos County is dedicated to measuring the progress, challenges, and successes of the zero traffic deaths commitment and will do so with tangible, reportable metrics that will be reported upon on an annual basis, along with biannual progress reports. Be It Further Resolved that Brazos County acknowledges and accepts that the Comprehensive Safety Action Plan may result in changes to the County's approach to the planning and design of streets, education, engagement and communication techniques, enforcement policies and procedures, and legal and legislative frameworks including the potential to advocate for reduced County speed limits. Be it Further Resolved that Brazos County will work with partners in the region who own and manage and use streets in the County to influence the street planning, design, maintenance, operations, and law enforcement, including the State of Texas, City of Bryan, City of College Station, Brazos Transit District, and neighboring municipalities to combine similar efforts and leverage individual work efforts to contribute to improvements in safety County -wide. r, RESOLVED ON THIS ��D�Au t 2022. Duane Peters / County Judge Steve Aldrich Nancy Berry County Commissioner, Pct. 3 ATTEST; Karen McQueen, County C erk Russ Ford CountyCommiss�r, Pct_2 County Commissioner, Pct. r� Vol. 3 73 pg. DEPARTMENT: Budget Office DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BRAZOS COUNTY BRYAN, TEXAS NUMBER: 8/23/2022 Discuss and propose 2022 Tax Rate. Commissioners Court Nina Payne 08/18/2022 False BUDGETED: False DOLLAR AMOUNT: $0.00 Must take record vote on proposed tax rate. If the proposed rate exceeds the lower of NNR REQUIREMENTS: or VAR, schedule public hearing. Establish the date and time for a Public Hearing on the Proposed Budget and Tax Rate for Fiscal Year2022-2023. ACTION REQUESTED OR Vote on proposed 2022 tax rate and discuss and set the date and time of Public Hearings. ALTERNATIVES: ATTACHMENTS: File Name Description Z= No Attwhneds A%dtaNe " ��. Duane Peters Date County Judge i Vol. 3'7 3 P9. f C1 2022 Proposed Tax Rate Summary For Fiscal Year 2023 Budget Tax Rates: 2021 Current: $0.4935 per $100 valuation No -new -revenue: $0.429411 per $100 valuation 2022 Proposed: $0.4835 per $100 valuation $ 0.0100 Decrease •��•• •0 •0r•�T7►t: nw , No New Revenue Tax"Rate: 0 429411 n, r -Proposed Property Tax Rate: 0483500 Voter ApprovalJTax Rate 0:51846G F No New: -Revenue M&O Tax Rate "0:392027 . Profposed aµ M&O7Uk'FRate 0.:443403 f , .k Debt Rate 0 040097 a t4 voi. 373 pg. :0- ` - B RAZOS COUNTY Bryan, Texas Establish the date and time for a Public Hearing on the Proposed Budget for Fiscal Year 2022- 2023 • Public Hearing set for • Tuesday, September 6, 2022, • at 9:00am • Commissioners' Courtroom, Suite 106 200 South Texas Avenue Bryan, Texas Vol. Pg. �i 2 B RAZOS COUNTY Bryan, Texas Establish the date and time for a Public Hearing on the tax increase for 2022 • Public Hearing set for • Tuesday, September 6, 2022, • 9:15am • Commissioners' Courtroom, Suite 106 200 South Texas Avenue Bryan, Texas va. 3'7 3 P9. 23 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 8123/2022 ITEM: Consider and vote on the FY2023 proposed salaries and allowances forelected county and precinct officials. TO: Commissioners Court FROM: Nina Payne DATE: 08/15/2022 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 Propose increase In salaries only, see required published notice attached. Total salaries NOTES/EXCEPTIONS: listed include longevity,and salary supplements which are not proposed to increase from FY 2022 included on attachment for reference and notice. ACTION REQUESTED OR Request review and approval of proposed salary increase for individual elected and precinct ALTERNATIVES: officer's for FY 2023 as Ilsted. A�CHMENTS: File Name Description -TIM FY 2023 Proposed Elected_OfficiaL Salaries.pdf FY 2023 Proposed Elected Official Salaries Backup Material FY 2023 Published Elected Official Salaries.pdf FY 2023 Published Elected Official Salaries Backup Material A �31a� Duane Peters Date County Judge Vol. 3 Pg. �_ ELECTED OFFICIALS PROPOSED COUNTY FUNDED ANNUAL SALARY Year Ending September 30, 2023 Elected Officials County Judge County Commissioners' Precinct 1 Precinct 2 Precinct 3 Precinct 4 County Treasurer Tax Assessor/Collector County Attorney District Attorney District Clerk County Clerk District Judge 85th District Court 272nd District Court 361st District Court County Court at Law #1 County Court at Law #2 - October 1- December 31, 2022 County Court at Law #2 - January 1- September 30, 2023 Justice of the Peace Precinct 1 Precinct 2 Precinct 3 Precinct 4 Sheriff Constable Precinct 1 Precinct 2 Precinct 3 Precinct 4 Base County Other Annual Salary Longevity Supplements* Salary Footnotes $ 113,552.82 $ 1,500 $ 1,200 $ 116,252.82 87,910.97 300 - $ 88,210.97 87,910.97 - - $ 87,910.97 87,910.97 300 - $ 88,210.97 87,910.97 600 - $ 88,510.97 94,504.28 1,200 - $ 95,704.28 94,504.28 1,200 - $ 95,704.28 112,666.58 - - $ 112,666.58 18,000.00 1,200 - $ 19,200.00 (1) 94,504.28 - - $ 94,504.28 94,504.28 2,100 - $ 96,604.28 16,800 300 1,200 $ 18,300.00 (1) 16,800 900 1,200 $ 18,900.00 (1) 16,800 - 1,200 $ 18,000.00 (1) 193,400.00 1,500 1,200 $ 196,100.00 (2) 48,349.99 1,800 300 $ 50,449.99 (2) 124,050.03 - 900 $ 124,950.03 (2) 87,910.97 - - $ 87,910.97 87,910.97 - - $ 87,910.97 87,910.97 300 - $ 88,210.97 87,910.97 - - $ 87,910.97 141,688.82 - - $ 141,688.82 87,910.97 900 - $ 88,810.97 87,910.97 1,200 - $ 89,110.97 87,910.97 300 - $ 88,210.97 87,910.97 1,800 - $ 89,710.97 $ 2,235,057.00 $ 17,400 $ 7,200 $ 2,259,657.00 (1) District Court Judges can receive up to a maximum salary match from the County of $18,000 per Government Code 659.012(a) (1) and 32.001. The District Attorney is compensated per Government Code 46.003. (2) County Court at Law Judge must be paid not less than $1,000 less than the total annual salary received by a district judge in the County. Minimun Salary: (Tex. Gov't Code Sec. 25.0005(a)) Maximum Salary: (Tex Gov't Code Sec. 25.0005(a-2)) *Other Supplements include funds received from the State Juvenile Board Supplement. 55 v®i. Y'7 3 pg, BRAZOS COUNTY, TEXAS ELECTED OFFICIALS NOTICE OF PUBLICATION OF SALARIES OF ELECTED OFFICIALS Year Ending September 30, 2023 Elected Officials County Judge County Commissioners' Precinct 1 Precinct 2 Precinct 3 Precinct 4 County Treasurer Tax Assessor/Collector County Attorney District Attorney District Clerk County Clerk District Judge 85th District Court 272nd District Court 361st District Court County Court at Law #1 County Court at Law #2 - October 1- December 31, 2022 County Court at Law #2 - January 1- September 30, 2023 Justice of the Peace Precinct 1 Precinct 2 Precinct 3 Precinct 4 Sheriff Constable Precinct 1 Precinct 2 Precinct 3 Precinct 4 FY 23 Adopted FY 22 FY 23 Salary FY 23 County Longevity Salary Increase Salary Increase $ 113,552.82 $ - $ 113,552.82 $ - 87,910.97 - 87,910.97 300.00 87,910.97 - 87,910.97 - 87,910.97 - 87,910.97 300.00 87,910.97 - 87,910.97 - 87,910.97 6,593.31 94,504.28 - 87,910.97 6,593.31 94,504.28 - 104,806.21 7,860.37 112,666.58 - 18,000.00 - 18,000 300.00 87,910.97 6,593.31 94,504.28 - 87,910.97 6,593.31 94,504.28 - 16,800.00 - 16,800.00 - 16,800.00 - 16,800.00 - 16,800.00 - 16,800.00 (1,500.00) 191,982.61 1,417.39 193,400.00 300.00 191,982.61 (143,632.62) 48,349.99 - - 124,050.03 124,050.03 - 81,289.89 6,621.08 87,910.97 - 81,289.89 6,621.08 87,910.97 - 81,289.89 6,621.08 87,910.97 - 81,289.89 6;621.08 87,910.97 - 131,803.66 9,885.16 141,688.82 - 81,289.89 6,621.08 87,910.97 - 81,289.89 6,621.08 87,910.97 - 81,289.89 6,621.08 87,910.97 - 81,289.89 6,621.08 87,910.97 - $ 2,156,134.79 $ 78,922.21 $ 2,235,057.00 $ (300.00) 63 Vol. 3 n pg. 2'(0 THE STATE OF TEXAS § COUNTY OF BRAZOS INTL'RLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND BRAZOS COUNTY THIS INTERLOCAL AGREEMENT ("Agreement") is hereby made and entered into by and between the CITY OF COLLEGE STATION, TEXAS, a Texas Home Rule Municipal Corporation ("College Station" or "City"), and BRAZOS COUNTY, TEXAS ("Brazos County" or "County"), a political subdivision of the State of Texas, each acting by and through its duly authorized agents (referred to individually as a "Parry" and collectively as the "Parties"). WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to provide a governmental function or service that each party to the contract is authorized to perform individually and in which the contracting parties are mutually interested; and WHEREAS, College Station and the County both independently operate and maintain roadway segments in Brazos County along Greens Prairie Road generally between Long Creek Lane and Dalton Drive (the "Property") as shown on Exhibit A — Property and Project Boundaries, attached hereto and incorporated herein for all purposes; and WHEREAS, College Station desires to design and construct roadway, drainage and pedestrian improvements within rights -of -way on the Property as permitted and authorized by the County ("Project"); and WHEREAS, County desires to provide needed roadway, drainage, and pedestrian improvements within rights -of -way on the Property as a part of College Station's project, which improvements are identified in the Engineer's design plan set, attached hereto and incorporated herein for all purposes as Exhibit B — Roadway Plan and -Profile Set; and WHEREAS, College Station and the County find that the College Station and the County will both receive benefits as a result of the work and this Project; and WHEREAS, TEXAS TRANSPORTATION CODE, Section 251.012, requires the consent of the City Council of the City of College Station, Texas, in order for the Brazos County Commissioners Court to expend county funds to pay for a portion of the Project; and WHEREAS, the Parties desire to cooperate by including the roadway, drainage, and pedestrian improvements within rights -of -way on the Property as apart of College Station's Project in exchange for the County participating by providing a $4,200,000.00 lump sum amount to assist in funding portions of the design and construction costs related to said improvements and the Project. College Station and Brazos County — Greens Prairie Road Widening ILA Page 1 of S Contract No. Vc�. pg. 2� NOW, THEREFORE IN CONSIDERATION of the recitals and mutual covenants made herein the Parties hereby mutually agree as follows: ARTICLE I CITY AND COUNTY CONSENTS 1.1 College Station. College Station consents to allow the County to expend county funds to pay for a portion of the Project. 1.2 Brazos County. Brazos County consents to allow College Station to expend city funds to pay for a portion of the Project and Brazos County also consents to College Station exercising its power of eminent domain to condemn and acquire property, easements, and right-of-way for the Project. ARTICLE II ENGINEERING DESIGN SERVICES 2.1 Design Services. College Station shall be responsible for administering the design contract with their consultant for engineering design services related to the construction of roadway, drainage, and pedestrian improvements on the Property. County will review and approve plans prepared by the City's Design Consultant. ARTICLE III LAND ACQUISITION AND ANNEXATION 3.1 Land Acquisition Responsibilities. College Station, with the County's express permission and authorization, contained herein, agrees to conduct all land acquisition necessary for the Project, including, but not limited to, acquiring property rights in fee simple absolute, easement, and right-of-way, regardless as to whether the property and property rights are located solely in Brazos County or within the existing corporate city limits of the City of College Station, and regardless of whether the property rights are acquired through negotiation and purchase or condemnation/eminent domain proceedings, or as otherwise authorized by law. 3.2 Brazos County Authorization. The Parties acknowledge and recognize that parts of the Project and parts of the Property to be acquired by the City of College Station are located solely in Brazos County. (a) Brazos County expressly authorizes and consents to the City of College Station exercising its power of eminent domain to condemn and acquire property for this Project; and (b) Brazos County and the City of College Station jointly acknowledge the public purpose served by the land acquisitions described herein and in the Project documents and plans; and College Station and Brazos County — Greens Prairie Road Widening ILA Page 2 of 8 Contract No. 2 d Vol. J 3 Pg. ZD (c) Brazos County expressly acknowledges that the City of College Station may, at the City of College Station's sole discretion, acquire the necessary property rights for this Project through negotiation and purchase, or the City of College Station may exercise its power of eminent domain to conduct condemnation activities in Brazos County, as necessary for this Project; and (d) Brazos County expressly authorizes and consents to the City of College Station exercising its power to annex, and College Station's annexing of all rights -of -way contained within this Project so that the City of College Station can provide and satisfy its future maintenance obligations for the roadway and rights -of -way portions contained within the Project boundaries; and 3.3 Brazos County Annexation Request. Pursuant to Texas Local Government Code Sections 43.1055 [ANNEXATION OF ROAD RIGHTS -OF -WAY ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION] and 43.106 [ANNEXATION OF COUNTY ROADS REQUIRED I7V CERTAIN CIRCUMSTANCES] Brazos County hereby requests that the City of College Station annex the entire width of, and all portions of, the roadway and rights -of -way contained within the final boundaries of this Project. (a) Brazos County expressly acknowledges that this Agreement provides all necessary approvals and authorizations for the City of College Station to conduct the necessary land acquisitions, exercise its power of eminent domain, and conduct annexation activities for this Project, as described herein and in the Project documents and plans. (b) Brazos County agrees to take any other actions deemed necessary to carry out the purpose and intent of this Agreement. ARTICLE IV CONSTRUCTION PROJECT 4.1 Bidding. College Station agrees to put out a request for bids, or other process allowed by state law, for construction services from a qualified contractor to provide for the construction of both the College Station and County portions of the Project. College Station agrees to base its contract on designs provided by the design consultant and approved by the County, as applicable. 4.2 Project Management and Plans. College Station agrees to provide project management, inspection, and accounting services for the Project, and that the construction of the Project shall be governed by the plans and specifications prepared by the City of College Station. 4.3 Brazos County Payment. Within thirty (30) days of the effective date of this Agreement, the County will pay to College Station a lump sum amount of FOUR MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($4,200,000.00) for the City to design, conduct land acquisition, and construct the County's portion of the Project. 4.4 Future Maintenance. Following the County's full payment of the County's portion of the College Station and Brazos County — Greens Prairie Road Widening ILA Page 3 of 8 Contract No. n Vol. 1 pg. Project, College Station shall maintain the roadway, drainage, and pedestrian improvements in perpetuity at no additional cost to Brazos County. ARTICLE V MISCELLANEOUS TERMS 5.1 Interlocal Cooperation Act. The Parties expressly acknowledge that each Party to this Agreement is a local government as that term is defined in the Texas Interlocal Cooperation Act. Nothing in this Agreement will be construed as a waiver or relinquishment by either Party of its right to claim such exemptions, privileges, and immunities as may be provided by the Constitution and the Laws of the State of Texas. 5.2 Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are true and correct and are hereby incorporated herein as part of this Agreement. 5.3 Amendment. The terms and conditions of this Agreement may be amended upon mutual consent of all Parties. Mutual consent will be demonstrated by approval of each governing body of each Party hereto. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing, duly approved and signed by the authorized representatives of both Parties. 5.4 Termination. This Agreement may be terminated for cause upon sixty (60) days advance written notice by either Party after providing written notice and giving the other Party an opportunity to cure any alleged breach. If terminated, College Station shall be compensated for the work or services performed and expenses incurred immediately before the date of termination. 5.5 Public Information Coordination. Public disclosure of information and related activities conducted under this Agreement may be required pursuant to the Freedom of Information Act and the Texas Public Information Act. 5.6 Hold Harmless. TO THE EXTENT PERMITTED BY THE CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS AND SUBJECT TO THE LIMITATIONS AS TO LIABILITY AND DAMAGES IN THE TEXAS TORT CLAIMS ACT AND WITHOUT WAIVING ITS GOVERNMENTAL IMMUNITY, EACH PARTY AGREES TO HOLD HARMLESS EACH OTHER, ITS GOVERNING BOARD, OFFICERS, AGENTS AND EMPLOYEES FOR ANY LIABILITY, LOSS, DAMAGES, CLAIMS OR CAUSES OF ACTION CAUSED OR ASSERTED TO HAVE BEEN CAUSED DIRECTLY OR INDIRECTLY BY ANY OTHER PARTY TO THIS AGREEMENT OR ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES, OR AS THE RESULT OF ITS PERFORMANCE UNDER THIS AGREEMENT. 5.7 Third Parties. College Station and Brazos County intend that this Agreement shall not benefit or create any right or cause of action in or on behalf of any third -party beneficiary, or any individual or entity other than College Station and Brazos County, or permitted assignees of College Station and Brazos County, except that the hold harmless obligations College Station and Brazos County — Greens Prairie Road Widening ILA Page 4 of 8 Contract No. Vol. 3 Pg.. by the Parties provided for in this Agreement shall inure to the benefit of College Station and Brazos County. 5.8 Invalidity. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Parties shall use their best efforts to replace the respective provision or provisions of the Agreement with legal terms and conditions approximating the original intent of the Parties. 5.9 No Joint Venture. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the Parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint either Party as an agent of the other for any purpose whatsoever. Except as otherwise specifically provided herein, neither Party shall in any way assume any of the liability of the other for acts of the other or obligations of the other. 5.10 Notice. Any official notices by one Party to another must be in writing and be personally delivered or sent by registered or certified United States Mail, properly addressed to the respective Parties as stated below. Any other day to day communication by the Parties' staff may be by any other means of sufficient communication. City of College Station Brazos County P.O. Box 9960 200 S. Texas Ave. Suite 332 College Station, Texas 77842 Bryan, Texas 77803 Attn: City Manager Attn: County Judge 5.11 Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the Parties relating to the subject matter of this Agreement. No oral understandings, statements, promises, or inducements contrary to the terms of this agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any Party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. Any items not covered in this Agreement are subject to the conditions and standards of the approved permit. 5.12 Venue and Choice of Law. ' This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America and venue shall be in any court having jurisdiction in said county. 5.13 No Waiver. Failure of any Party, at any time, to enforce a provision(s) of this Agreement, shall in no way constitute a waiver of that provision(s), nor in any way affect the validity of this Agreement, any part hereof, or the right of either Party thereafter to enforce each and every provision hereof. No tern of this Agreement shall be deemed waived, or breach College Station and Brazos County — Greens Prairie Road Widening ILA Contract No. Page 5 of 8 Va. 3`I P9. �. excused unless, the waiver shall be in writing and signed by the Party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 5.14 Authority to Contract. Each Party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement. The persons executing this agreement hereby represent that they have authorization to sign on behalf of their respective governmental bodies. 5.15 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, including electronic signatures, each of which shall be deemed an original for all purposes. NOW THEREFORE, this Agreement is made and entered into by and between the City of College Station and Brazos County. This Agreement shall be effective when signed by the last party signing which makes the Agreement fully executed. CITY OF COLLEGE STATION By: Mayor Date: ATTEST: City Secretary APPROVED AS TO FORM City Attorney B O TY ,By: Duane Peters, County Judge List of Exhibits: - Exhibit A — Property and Project Boundaries - Exhibit B — Roadway Plan and Profile Set Date:.. �3 j a s l aa-. ATTEST: Karen McQueen, County Clerk College Station and Brazos County — Greens Prairie Road Widening ILA Contract No. TO FORM Page 6 of 8 N®i. J pg. Z ---I EXHIBIT A PROPERTY AND PROJECT BOUNDARIES College Station and Brazos County — Greens Prairie Road Widening HA Page 7 of 8 Contract No. Vol. Pg. 3 EXHIBIT B ROADWAY PLAN AND PROFILE SET College Station and Brazos County — Greens Prairie Road Widening ILA Page 8 of 8 Contract No. Vol. 3 Pg. L ,L ExlSi 20_PUE, WARNINGI RICH PRESSURE PIPELINE" LEGEND: PEDESTRIAN RAIL E%CAVAT ION AHO/OR CONSTRUCTION PR TIED WITHOUT PRIOR WRITTEN PERMISSION FROM fU •UtO REFER TO DM(NdGE ENTENpRtSE PRODUCTS. OPERATING LLC �j ASPHALT TRAtI51 T10tt 1 PnnP 1i pnE raJ' I - - ^--PLAN & PRQTTL. 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SEE INTERSECTION LAYOUTS AND DRIVER DETAILSIFOI ADDITIONAL INFORMATION. i / -NG • 4L �REENS PRAIRIE i / t LEGEND: _ ASPHALT TRANSITION PROPOSED CONCRETE ® COLORED T• STAMPER CONCRETE PROPOSED TRAFFIC DIRECTION SANITARY SEWER MANHOLE • UTILITY POLE ,— GUY WIRE -W-1- COCS (WATER) 0-W-2--• WSL'O (WATER) 0 -FU-1- COCS (FORCE WIN) 0 U1 -G-1- ENTERPRISE (GAS) Q -G-2- ENERGY TRANSFER (GAS) VF ~-TELE-1- FRONTIER (TELEPHONE) W-OH-OLC- BTU OVERHEAD (ELECTRIC) -ELEC-1- BTU IELECTRICI 2--FO-I- COOS (FIBER) H -FO-2- SUDDENLINK (FIBER) -FO-.3- FRONTIER (FIBER) WATER VALVE �0 DRIVEWAY NUMBER L� LWIWIRE 0 TELECOM PULL BOX 0' IS' 30, pSE.� O; }f♦y♦tt y1•' ie; it / CREC CANTING / 125537 1I� ./Fps Yi'�II�U 6/�e�ao Pa � „V' �" k n ...-__._a..«1.2_...._... fl ( PGL. L & E i 319.91' ; ..r_i_....._....__..__.. _:�_.. ..._. I_l0. FN1W L. n•t _ 1 _.. 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STA 56-00 TO STA 59+50 12 300 1 A 308 SHEET 4 OF 10 56.00 56.50 57-00 57-SO 58.00 60.50 59.00 59.50 PRojKc,1rgpH :TSHEETtMER Vol. 3 pg. 110 LEGEND: MARN[N01 NIGH PRESSURE PIPELINE M ASPHALT TRANSITION EXCAVATION AND/0R COiSTRUCTION PROHIBITED WITHOUT PRIOR WRITTEN PERMISSION FROM - - - - (.A`r.00U _ _ _ - _ ENTERPRISE PRODUCTS OPERATING LLC - - - fa'1•L4O - - - - - - - - - r-u-^rgc0 - - - _ _ ., _ _ r:6r.4X0+st PROPOSED CONCRETE SIDEWALK TRENCH ORATE COLORED 4 STAMPED CONCRETE PR — 20- PA REFER TO DRAINAGE EXIST 60' PUE PLAN 6 PROFILE FOR ♦ PROPOSED TRAFFIC DIRECTION -- ^---- fNb-• f — • --- - — Fs.ii`-I — - — • — ADDITIONAL INFORMATION _ fdM na. 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FOR ADDITIONAL R 20' 'f 1 4L�.rF,, _ - P 1-A 60' INFORMATION D 1 _ J h0'0 - , 4.' ' t' I C YV. fl EXIST _60' PUE PROP 70' PAC� R 00' 1. Y. k )2 . . , •. P POP O'' P 'E �R G3' O O M F N Z J U Q T _ _ - Y•ib�-i _ . _ . _ . _V,�-a- �� � `_ . _ ..'SP/b =f - z.:-a�a�'yJjFl� �� �_ cam. �� __ __ �� '-YAOt-KON---- � 13 i 1 Id • — _ - _ _ _ _, R -•t -LD _ _ _ _ _ _ - _ F65F'l-JLD � _ _ _ _ i�•t•Orp _ _ _ u E%L57 �6' PUE — — PROP NAILBO%— n MB-S AASU TY (TWIN (TY 41 tt, ADJUST E ENCASED IN CONCRETE PER r METER TO THE mg FINISHED GNAI i%00T DETAIL I1B-IS(11 NOTES' 7 m t. SiATC04t OFFSETS AND ONIENSIONS f s! 'a ARE CAL �D OUT TO THEY RACK OF ClsiB.1 f 1 i Z 2. SEE INTERSECTION LAYOUTS AND DRIVEW�Y N yj -•� DETAiLUFOR ADDITIONAL. INFORMATIDN. H._.._ 1 _'PGL LT & RT TO FC _PROP MAILBOX TY EMB-SNCASED AGSM 7Y (TWG) ITT E 9) ENCASED IN CONCRETE PER T7(OOi DETAIL 16-IS t11 POM STATION OFFSET A 61.6605 <&BYLT a 64.1I2t 47.07LT C YA.Mst 4S W LT D 64Kt16.. 45SOLT " E 64" d6701T f 6G61.16 _51MY 6 6%SJ47 466ULT 11 1 ISHI (n 65.92.37 S1.TBtT :ASI'IT 1 C6�M.61 X WdLG7. Hu HIT` LEGEND: _ ASPHALT TRANSITION PROPOSED CONCRETE ® COLORED & STAMPED CONCRETE PROPOSED TRAFFIC DIRECTION SANITARY SEWER MANHOLE c UTILITY POLE L-- GUY WINE -N-1- COCS 'IWA7ER) -W-2- WSUD (WATER) -FM-I- COOS (FORCE MAIN) _ -G-1- ENTERPRISE (GAS) O' -G-2- ENERGY TRANSFER (GAS1 *-TELE-T- lD FRONTIER 1TELEPHOHE) l0 -0N-OLC- BTU OVERHEAD (ELECTRIC( -ELEC-1- BTU (ELECTRIC1 In -FO-1- CDC$ IF[.ER I Z __FO-2_ SUDDENLINK (FIBERI J -FO-S- FRONTIERIFIOER) S LA C. 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CONTRACTOR GRADE FROM PROPOSED - SIDEWALK AND CURB LINE DOWN TO' Tiif MIRT / 125537 314 PROPOSED DITCH GRADE IN TO ESTABLI N POSITIVE DRAINAGE GRADE • TIES -FROt/ bfE DITCH FLOW LIRE SH.ILt NOT EXED A d'i SLOPE flEFEP]I-0 �3 ._„ ._....•, .00SI'6N• O:+TOUR_R'ATOUTS-FOR...,._......__...._..._.__._._.....__...,__..».-._-.•1....___.......__. _. _.........._._.........__,... - •4,_.....,.__..:j._...._.._..._......_�_ ADDITIO� AL INFORMATION. t .__ t� ! 312 m 0.45' i i $ 1 � K • S { 250 t ! o & RT � '• 310 0y �T T wW 113arfield T ma•wrA�'lT emom t1t ---_—_—.__—.�— �-�_- —_._.� '�"—�--- t f I t 'r' i N0. p E GREENS P IP IE ROAD 3 .. __.i._ ..... 3...« -�`_ �»� ; --., t � r con4aiUnD •n91a••rt n ges�m GREENS PRAIRIE ROAD WIDENING 306 BRAZOS COUNTY SECTION o�z ROADWAY PLAN & PROFILE T = STA 66450 TO STA 70.00 304 ai,'t„ n.�. ! ni,�.. nin i i J04 SHEET 7 OF 10 66.50 67.00 67.50 68.00 68.50 69.00 69.50 70.GO PROJECT NUUBER SIfEET hTA6lER STIT02 45 Vol. ;��13 pg. �3 ol _ ASPHALT TRANSITION 1 cam. ...... ac r.. 1 1 r O 7)NA 16 51SWtT k?4 PROPOSED CONCRETE 4 --""'�•`,,,,- SEE NOTE EXIST 40' PAC ._,- EX ® COLORED b STA10'Eb. 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STATION$ OFFSETS, Ar7(f OiM£NS10N5 j e ARE CALLED OUT 30 TNEIDACX OF CU110. } 'gh 2. SEE INTERSECTION LAYOUTS AND OATYEW Y „a OETTAA�IyMFFOOtR ADDITIONAE iNPORNATION.1 ; POINT STATION OFFSET A 74 72.19 SI.SD T 0 74 7S.70 51.55LT C 74.77.04 54 94' T 0 74-91153 57.9TIT E 744MM 57.27EY F 709&08 AMU 740M.73 •1209TLT N 74.92.15 MIrIT 1 74.9SO4 52.0SET •MA7CH"MiRa POINT STATION i OFFSET 75,44.30 S100IT K 75 IS 9J.QTLT • 742 10i5TLT M 75.42.21 61. LT N 75.4&23 Sa.07IT 0 75wlw S207R P 75.50:91 SS.SCII' 0 75.51M S3.STLT A 754539. 52.4T11, •AUIICNL1a5TING LEGEND: - --GSIDEWALK TIE-IN - - OF ,SH POINT r*F1Ap EXIST 20' PUE ; ""^'� ASPHALT TRANSITION 1511OWN OFF SHEET) ; 1 L Y � t $" ^J J" %�:•.+. PROPOSED CONCRETE COLORED & STANPEO CONCRETE R 105' PROPOSED TRAFFIC DIRECTION O _ _ _ .. _ .. _ h,•$ SANITARY SETTER MAN1106E PCIE 7•Dtt T T ty,(xjY UTILITY POLE EXIST 74 PAE p" M I— GUY WIRE $ tat ;•. 4 - Gn ckD _ _ _ _ _ _ _ -W-1- CDCS INATCRI 1F t �. ! per. r '.�r % % �N•2- WSUD (WATER) FITS+' A e { .`'""';.p. - x s 'SP ,} ,y .✓ x c'x7v�q�v'ti° �'� t, 1 i�,'r. v10 ySfiP_R�Oj,V PATH; _r'-Fu-1.- COOS (FORCE MAIM A60' `9F'�COL`LEGE Si0.710N�a'9» _ � - O�Oid_'�^�'iSI RtTRcr-.•�>.LSia/)tt _—...__'-.—�---t"+� -0-1- ENTERPRISE .tGA51 }ORAZOS GOUNTkY x�,-, '`i3Xi� ttIL D',..•' 12 BUFFER TO FC �yq. KyD GN)ZOtD -G-2- ENERGY TRANSFER (GAS! R i �T�TX t;"% g ti V..A L$• Jx. �a y. 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STAT9 9t O5 0€'pT "`jnr�i''i 5TA T9•tie.t4- "tb,�7 T'+vNi #. r1EINCj,.. ykI TRAVEL LIE witk k. .... { 1"P,.t,. y �` x� END ROADWAY naf7� t 4 rs. 1 ^b. a t ppyy RUCTlONI m 'I'• g t° Ty - "' + t; £ s 3 4'a �? �11 UATCH EXISTINI r s ...?tt _.r•a^,'-t -„�;. ca„, .,.-�.:rn` w?.. � �- ,v .�t!.k. .. .. ... ;4 ,.11Y"'.TRAY'EL LANE't^'`xl.� T€' ""tA. ?: °: t J _, � ._�_ ___...f ______rnc•_ _,�StiSf7i8'F�.�.— —�_—_ nt ----- -- rrtd•r ____ _yC mr.r --. ...... .. �k[S•' _----'•_'•--•ub:-rwvn _ _ _ _ _ _ - _ 11K 7-fh0 _ _ _ _ _ _ _ - �.l-itG _ __.-„-� __.---__ .- 2. E STATION CF/SLT A MILOS 105.4717 B 77.8010 EMIT ' C 7814O3T 72101T D 7940340 8137LY I 79,563E 102AYLT P EOr1871 79.17T G 1TM3309 63.87tT 11 •MATIHMSTVIG aaiS39 •535YLT NO o % CREEjJS PRAIRIE - 322.14' LT & RT LEGEND: _ ASPHALT TRANSITION PROPOSED CONCRETE COLOR£0 & STAMPED CONCRETE PROPOSED TRAFFIC DIRECTION ` SANITARY SEWER MANHOLE - • UTILITY POLE E-- CUT WIRE -R-1- COOS (WATERI -W-2-' TJS(� (WATER) -FM-I- COOS !FORCE VAIN) -0-1- ENTERPRISE (GAS) �• --C-2- ENERGY TRANSFER IGAS) -TELE-F FRONTIER (TELEPHONE) -OH-OLC- BTU OVERHEAD (ELECTRIC) -ELEC-I BTU IELECTRICI -Fo-1- COCS IFIBERI --FO.2- -FO-3- SUODENLINX IFIBER? FRONTIER (FIBERI "O WATER VALVE ® DRIVEWAY LAMER LUMINAIRE _ O TELECOU PULL COX BROW EXIST ROW -CITY LIMITS PROP RI�ti -krG_Y-6K.O 0' IS, 30' •1 5;"�mT1iT,r IIYt�I{Q ~� 6/T� J'io o„ _ _ 3,B ..... _. _..__ _._ __ t { s _.. _....! ! .__.__ _ _ .—....1._.._,..._.____i_._.._..�__._r __...�..... , 318�• Binkle y Barfield `... ? I1Y>ellmn �v ;_.� + f._ ' I_._ f•^- I 1 0 co _,M .. I.... u�P�Um. GREENS PRAIRIE ROAD WIDENING o J10 _ _. ..._ _.... j, _..< _ _.., .. .. _ �.... , _. _.i .. _ ... ? ... .. i ..... ._ . j _..._ nla.._ BRAZOS COUNTY SECTION ofi> ROADWAY PLAN &PROFILE STA 77.00 TO END 31-0 a ✓yin t rniei 314 SHEET 10 OF fO T7.00 77.50 76.00 70-50 79.00 79.50 80.00 80.50 PROJECT NUMBER SHEET NWBEfl ST1702 -08 y vol.— _",)_3_. Pg. � `� CONTRACT FOR GRANT WRITING SERVICES This is an agreement between Brazos County, Texas (Client) and The Grant Lab, L.L.0 (Contractor). I. Scope of Services: Contractor agrees to provide the following services for Client: 1. Develop a grant strategy and plan to identify public and private grant funding opportunities and advise client on eligibility. 2. Work specifically with Client to develop grant proposals for Brazos County. 3. Coordinate and work with appropriate staff to gather material and information necessary to complete approved grants for submission. 4. Write grant proposals, as requested, in time to meet deadlines, and prepare proposals for submission, 5. Manage and complete all necessary grant reports for any funding received. Il. Compensation: Client agrees to compensate Contractor at a flat rate of $4,000 per month for a twelve (12) month period beginning on August 23, 2022 and extending until August 23, 2023. 1. Payments will be invoiced monthly for the term of the contract. 2. The Contractor is responsible for any costs associated with travel and phone expenditures. III. Independent Contractor: Contractor acknowledges that services rendered under this agreement shall be performed by him as an Independent Contractor. Contractor is responsible for the payment of all federal taxes related to his fees for service. IV. Confidentiality: Both parties agree to adhere to generally accepted confidentiality practices and to provide each other with their best efforts in fulfillment of this contract. Contractor agrees not to disclose private information about the organization and will use any information obtained from the Client for the sole purpose of completing grant applications or foundation proposals. V. Guarantees: Contractor shall perform all services noted under (Section 11) of this contract. However, the Contractor does not imply or promise any guarantee that grant proposals will be funded. Payment is due even if Client does not submit proposal or receive a grant. - -- - ge-1 of 2 Vol. Pg. ` VI. Conflict of Interest: Contractor will immediately report any conflict of interest to Client and give full disclosure of facts pertaining to any transaction or activity related to this Agreement that may be reasonably construed as a conflict of interest. VII. Termination: This contract may be terminated with 30 days written notice by Client or Contractor. VIII. Insurance: Contractor shall maintain insurance coverages listed below: Professional Liability - If Consultant shall be performing licensed professional services, Consultant shall maintain for the term of this contract, professional liability insurance for licensed professionals performing work performed for Brazos County. Coverage shall be for licensed professionals' errors and omissions. Automobile Liability - Consultant shall maintain Automobile liability that covers owned, non -owned or hired autos during the term of this contract to cover any injury or property damages. CONTRACTOR The Grant Lab, L.L.0 Gentry Woodard 3117 Camelot Drive Bryan, TX 77802 Signature: /,�, . fit 42ou- Gentry Woodard Contractor CLIENT County of Brazos Duane Peters 300 E. 261" Street Bryan, TX Signat e: Duath4AFTers County Judge ge2of2 Vol. pg. -o Brazos County Purchasing Department ih. 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290' FAX (979) 361-4293 May 4, 2021 C. C. Creations 114 Holleman Dr. College Station, TX 77840 Be: Renewal of Contract #22-I5SR for Vehicle Graphics for Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Vehicle Graphics, previously knows: as 21-130R. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from August 25, 2022 to August 24, 2023. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to lmaness@brazoscountym.gov or fax to (979) 361-4293. Please then submit an updated Certificate of Insurance by email or mail to the address fisted above. Please return acceptance as soon as possible. If you have any questions, I may. be reached at (979) 361-4284. Contact Name: Andy O'Bannon . Title: VP of Sales E-Mail: a.obannon@cccreationsusa.com Telephone: 979-693-9664 C.C. CREATIONS !iYi d O �$Al2 Wiv Authorized Signature LINTY Duane Peters, County Judge 8/1 /2022 Date 91 a3laog.9, Date BID TABULATION 22-155R - VEHICLE GRAPHICS previously known as 21-130R Aueust 25.2022 - August 24.2023 Esf.1Va of Yehtefe fo Aewman Pntittlig ' Yehte[e Type >r Creation s CGany Ajpha Graphtcs u y"raphtcs=install � Comp nG ,� Sedan Sheriff's Office Graphics 2 ' S?50 00 S385.00 S380.00 Pickup Truck- 4 Door I 525004'.. S385.00 $380.00 Sheriff's Office Graphics SUV Sheriff's Office Graphics i R S?>0 00 • S385.00 S380.00 Passenger Van 1 5750 00 S400.00 S380.00 Sheriffs Office Gra hits Bus Sheriffs Office Graphics 1 <'- S1,350.00 5635.00 SUV Constable Pal Graphics., 1 557500 S695.00 $743,00 Sedan Constable Pct.l Graphics 1 SS>o 00 • _ S595.00 S743.00 SUV Constable Pct2Graphics 1 60 $275M S380A0 Sedan Constable Pct.2 Graphics 1 $225 00 P'75-00 S380.00 SUV Constable Pct3 Graphics 1 5325.00 S285.00 S380.00 Sedan Constable Pct3 Graphics 1 S325 00 . S285.00 S380.00 SUV S4$0-a0 non-reflerirvc Constable Pct4Graphics 1 ard(, 1)0-ifretiectivevinylls�," S695.00 S743.00 needed Sedan S45RQ0non-reRec3ne Constable PctAGraphics 1 add S60.06,6iEtectvevi li- S595A0 $743.00 needed,' Various Departments- County Seal 2 S22'50 reflective 593.50 Only (16"wide) SI7.50 non ieftecti�e (2 seals per vehicle) S150.00 installed Various Departments- County Seal 6 St3 00 reflccsiy¢ $78.50 $100.001 no install per On1 12"wide) - S14.Ognoa reflective (_ seals per vehicle) bid meeting New or Replacing Unit only P g Y 2 S{5.1H14 " $58.00 (3 sets of nambers per $50.00 vehicle) Small repairs to vehicle graphics Vendor must indicate what is $t2 50r'sq ft 58.E per sq ft+ S85,00 per S100.00 Non- Reflective considered a small repair °� hour less than 2 sq ft Small repairs to vehicle graphics Vendor must; indicate what is " $16 50(sq ft; S13.50 per sq ft +$85.00 per S200.00 Reflective considered a small repair hour less than 2 sq ft Large repair or replacement of vehicle Vendor must indicate what is m 50(s'q.6 SS-00 per sq ft + S85,00 per $80.00 per sq ft for over graphics Non-Relective considered a large re air vP12 . hour 2 sq ft, Large repair or replacement of vehicle Vendor must indicate what is S16 501sq°ft;,', S13.50'per sq it +$85.00 per S120.00 per sq t for graphics Reflective considered a large repair hour over 3sq ft Removal fee at vendor's location SI00.00 ., " S85,00 per hr 575.60/1u S75.00 minimum Removal fee -County facility location r$I7500` SI00.00hr within Brazos County S85.00perhr 5100.00 minimum Initial Design and setup fee SO 00 "` S0.00 ft 540.005m00inimum Time to complete a design for a proof `" `• for one vehicle Varies 14"days 1-2 business days 2-3 days Time to complete as install for one 2 4 hrs poi vehicle for vehicle appto dmately I day,, installation only one day ' Labor- 6 nnnda tarty failure dae to For hoods and .labor tral be ad-ble in I=thin 6 motnbs) Marcrals warranty . per horizontal surfaces I WARRANTY: •l year on honiaatal panels, 5 yrs on narnfaat c3M). we ay. year. For side panels 3 �. "yeftltal panels-: y - 3Mll680CRrcttsthe vyref and years, Warranty is for 3M8518 Cr1m L; imto.3M normal wear and tear, .' >tiarrstYy, infmtna6an hs ta^cn fading. aaacbat 3rd Renewal of 3: CC CREATIONS Ap oved by C missioner's Court his -' day of Au"Q 1.0 s t . 2022 by to mg to posistion of "" u N t 'i Jt. 0&(Z Vol. - 3 q 1- Pg. 6-0 REQUEST FOR BID BID NO. 19-003 Vehicle Graphics SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, June 5, 2018 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Vendors, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the Bid. Any such contact will be grounds for rejection of the vendor's bid. In compliance with this solicitation, the undersigned proposer having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material and/or services` listed on the attached Bid form and "agrees to deliver said items at the locations and for the prices set forth on the Bid forth. Company Name: v . C • " 1t,6_k�,0 "-s By ( Print): C.-A Title: Sam` ` Physical Address: ' � � k V^k-, ( `f'/ Mailing Address. Telephone: �19���3�� bey Fax:q�`�'�°t3 -Z�3zE-blaii: �, Obar,n�� CCC/Cca�dn5lt5�. C� N1 Vol. �1 pg. J 19-003 GRAPHICS FOR VEHICLES ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. 19-003 Bryan, Texas 77803 Page 1 of 9 Pages Telephone (979) 361-4294 GENERAL REQUIREMENT FOR CONTRACT I, nc ��� nV\or as a duly authorized representative of �. C �reo. a a 5 11 "Contractor" %killingly 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. 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 FIB 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.ush+fiatsne%%,/elf_ info_fotml?95.hun 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. Contract No. 19-003 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 cohered 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 AGREEit'lENT 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 equil sole discretion of the Commissioners Court specifications have been met to its satisfaction. all documentation as may be required. Title ai County until the County actually accepts and delivery. ment provided shall be made by Brazos County at the when all terms and conditions of the contract and including the submission to Brazos County of any and d Risk of Loss of the goods shall not pass to Brazos 3kes possession of the goods at the point or points of ADDITION NIODIFICATIO`' 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 Contract No. 19-003 BRAZOS COUNTY, TEXAS Page 3 of 9 Pages 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 S 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 y 1 5 1.309. as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FOR-NIS In the event of any conflict between the terms and provisions of this contract 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 sew.. as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these vol. 3 Pg. Contract No. 14-003 BRAZOS COUNTY, TEXAS Page 3 of 9 Pages requirements shall be fully governed by the lays 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 ma_v have disclosure requirement pursuant to Texas Local Government Code. Chapter 176. This law requires persons desiring to do business %vith the County to disclose any sifts that have an aggregate value in excess of S250.00 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 withdra%v i, 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 anv 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. IN-lanufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches anv 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 Fa. Pg. �S Contract s\b. 19-003 BRAZOS COUNTY. TEXAS Page $ 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 S 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 Liabilitv Insurance with a S 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. Into claims made policies are acceptable without prior approval by the Commissioners Court/Risk IN-lanaeement. (3) Automobile Public Liability Insurance with a S500,000 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 furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract. including, but not limited to. authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively. the Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAG ES/«'AG ES 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 Vd. 59 3 pg. Contract No. 19-003 BRAZOS COUNTY. TEXAS Pace 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 IMMUNITY The parties understand that Brazos County does not waive or relinquish an}, 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 Couny, .fudge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: C C Sales Contact Name: Phone Number: Billing Info: C... S i-X 1 -r 77t S 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 N'o 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 terns or condition. 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 \%Titten or oral. This contract may only be amended by written instrument approved and executed by the parties. Vol. pg. 5,-7 Contract No. 19-003 BRAZOS COUNTY, TEXAS Page 7 of 9 Pages 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 lacy 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 f'or 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. INDE►N1NIFICAT 10N 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 fumished 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�L3 P9. Sg Contract No. 19-003 BRAZOS COUNTY, TEXAS Page S of 9 Pages HOUSE BILL 89 & DEBARMENT VERFICATIO\ 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:/h%,%%zv.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SD\i) 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:H%%,%«v.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. "Bovcott 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. \t C. C- Crec_I't�o,nl Company are: r Authorized Company Representative: `� , S � R-4v� .—t-, �r r Address: 4 Signature: Date: Contract - E 3 2 3 Pg. BRAZOS COUNTY. TEXAS Contract No. 19-003 Page 9 of 9 Pages CERTIFICATION OF BID The undersiened further affirms the non -debarment statement above, that then 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. $i;.;ned Bv: 'Title: Typed Name: Ck V\ev\ C CrC A10 �19 .G 3 -qq Company Name: • 614 Phone No. !Q Email G- 0 � PK^d,, e ����`eC� 1I-S V_$M Address: _ ,,,,,,,, ktaiGns! Address: �! 8kt QwvM Ca L4A4 S"a T� -7 Va P. O. Box or Street 6ty State Zip Employer Identification Number: 2-0 Social Security Number: +A2 " 6 2 7 •- K�^ C ro ' Court on this 2�day of 2018 by ~`"Ito1 the osition of 4 p vd. 13- Pg. �¢L_ EXHIBIT "A" IQ 19-003 Graphics for Vehicles Contract Term: August 25, 2018 — August 24, 2019 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 scaled envelope clearly marked "IQ 19-003 Graphics for Vehicles". 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 Department prior to 2:00p.m., Tuesdav, June 5, 2018 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 the purchase, design and install of graphics for several County vehicles. Brazos County will not be held to any minimum or maximum quantities of vehicles sent to vendor throughout the term of this contract for this service. Quantities and vehicle makes and models are subject to change throughout the term of this contract. Quotes submitted for IQ 19-003 shall be good for two (2) years starting August 25. 2018 through August 31. 2020 with the option to renew for three (3) additional one (1) year periods. V SPECIFICATIONS A. SPECIFICATIONS 1. Graphics %gill be designed by vendor to the satisfaction of Brazos Count%. 2. Graphics will be required to match existing graphics. in sire. color and to fit the style of appropriate vehicle. 3. Graphics will vary depending upon the department and type of vehicle. 4. Pictures are provided for reference in Exhibit B: Graphic Examples. 5. A pre -quote meeting gill be held for all bidders to view samples of the type. size and coloring of graphics expected. (See section D for details on the pre -quote meeting) 6. All requested graphics will require a prool'which shall be designed on a scaled depiction on the style of vehicle Brazos County is requesting to be installed on. The proof is to be submitted and approved by Brazos County prior to any work being done for Brazos County. 7. Vendor shall design and submit a proof fur approval within one (1) week of request. 8. Once proofs are approved by Brazos County, vendor shall have graphics ready for install one (1) week after receipt of purchase order. 9. Vendor will have install of graphics completed the same business day the vehicle is dropped off. 10. Vendor will notify Brazos County when the installation of graphics is completed. 11. No work mill be performed without a purchase order. The purchase order will be given to the vendor prior to starting work. 12. Mistakes or incorrect graphics. Brazos County is not liable if caused by the vendor. 13. Warranty work. small repairs and a few large repairs to graphics can be expected throughout the term of the contract. Vendor shall complete these types of repairs within one (1) week of request. B. SCHEDULING 1. Brazos County %till call the awarded vendor to schedule the day and time that the vehicle can be dropped off at vendors location for the install of the graphics. All appointments shall be scheduled in the mornine for the vehicles to be completed and picked up by the department by end of the same Exhibit A Page I of 5 Vol. 3 Pg. �_ business day. If vendor cannot complete vehicle in one business day. vendor will note that in their submission. 2. Brazos County will inspect and approve the graphics when picking up the vehicle. �. Vendor is required send all invoices to the Brazos County Purchasing Department located at 200 S. Texas Ave; Suite 352 Bryan, TX 77803 for payment. - C. DESIGN 1. Brazos County will own any designs made by awarded vendor during the term of this contract for future use at Brazos County's discretion. Vendor ►►ill release any ownership rights to all graphics produced on behalf of Brazos County. D. PRE -QUOTE MEETING 1. The Brazos County Purchasing Department will hold a pre -quote meeting for vendors to view graphics on County vehicles. The pre -quote meeting will be held on at 9:00 a.m. on Thursday, stay 24, 2018 at the Brazos Center back parking lot, located at 3232 Briarcrest Drive, Bryan, TX 77802. It is not a requirement to attend this pre -quote meeting, however it is highly encouraged that all vendors wanting; to submit a quote should attend this meeting. This meeting will allow vendors to see samples of the required graphics and take measurements and pictures if needed to properly bid the graphics. Not all vehicles or graphics will be represented at this meeting, however we will have a majority ofthem available. E. AWARD 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 Vendor (distance that vehicles will travel for smices) e. Vendors past performance record with Brazos County f. Warranty Although the cost of products to be provided is an essential pan of the award, Brazos County is not obligated to award a contract on the sole basis of cost but ►►rill award to vendor considered to be the best value to Brazos County. F. MISCELLANEOUS 1. Contractor must sign and agree to all ternis and conditions of Brazos County Service Contract IQ 19- 003 or quote will not be considered. 2. Contractor must submit and post all questions regarding this solicitation on the Brazos Valley Online Bidding System located at ►►rww.brazosbid.cstx.,1ov. Any questions received via email or phone call will not be answered. Exhibit A Page 2 of 5 Vol. Pg. G. I\SURANCE REQUIREiME\TS 1. Successful bidder must provide evidence of required insurance prior to award. Full description of insurance requirements is listed in the attached Contract. H. QUOTES 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 19-003, Graphics for Vehicles". 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 Countv Purchasing Department prior to 2•00 p.m.. Tuesday June 5, 2018 or thev 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 tither person or department other than previously specified, will not be considered responsive. 2. The County does not guarantee to purchase any tninimum or maximum quantities. If any quantities are listed in the bid. they are estimated quantities used for calculating purposes only. 3. Price quoted by contractor shall include all costs for labor and materials. 4. If a design fee is applicable. vendor shall quote a one-time fee to design all needed graphics. If a design fee is not quoted. Brazos County will assume that the design and setup fee is zero dollars (SO). Brazos County will only pay for a one-time initial design and setup fee. this will not be a repetitive fee for each graphic needed throughout the term of the contract. Vendor must fill out the warranty section of this IQ. If no warranty is available, vendor must note that. 6. Vendor will quote a cost for small and large repairs to vehicle graphics that are NOT covered under a warranty prior to this contract being in place. Cost will include labor and materials. Vehicle Tv e Approx. Number of Vehicles Cost per Vehicle to install Graphics on I Sedan -Sheriff's Office 2 I Z 5 Graphics I Pickup Truck— 4 Door I Sheriff's Office Gra hies SUN, 2 Sheriffs Off -ice G ra h ics Passenger Van — Sheriffs 1 I dr 256 Do i Office Graphics I I IBus — Sheriffs Office Graphics SUV- Constable Pct. 1 J Graphics Sedan- Constable Pet. 1 1 15 5� I Graphics Exhibit A Page 3 of 5 Vol. � � Pg. SUV — Constable Pet. 2 1 o' Graphics Sedan- Constable Pet. 2 +a Graphics ZS SUV — Constable Pct. 3 z' Graphics I j Sedan- Constable Pet. 3 7 I Graphics SUV — Constable Pet. 4 I j I �o , y + s� Graphics Sedan- Constable Pct. a z ° seti bt,¢, Graphics w Various Departments — County Seal Only (16" wide) Various Departments- fi ic�ttf�rP r` j 4-� b' 1 County Seal Only 12"wide I A Dn icplc New or Replacing Unit #Is I 2 t 5 n only 1 Small repairs to vehicle Vendor must indicate what I i 4'- t6- -C se. Graphics — Non- Reflective is considered a small repair ( J Sp Small repairs to vehicle Vendor must indicate ghat I Graphics - Reflective is considered a small repair Large repair or replacement /sy /1_ 1 t�� of vehicle graphics -Non- Vendor must indicate what V Reflective is considered a lar a re air Large repair or replacement of vehicle graphics - Vendor must indicate what r Reflective is considered a large repair Removal fee at vendor's location Removal fee — County —•� facility location 1 5 (within Brazos Counh•) Initial Design and setup fee How many days will it take to complete a design for a proof for one vehicle: �&I't +4 d s How many days will it take to complete an install for one vehicle: Graphics on County vehicles over time may fade crinkle. bubble, peel, etc. The vendor must indicate what warranty will apply to vehicles if this happens Vendor must stipulate the terms of warranty on this 1Q or on another sheet and submit that sheet withthisform. J �..iAJ?4" \% a~ v c �t *:- Exhibit A 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 an% 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: y Ct. C.-e..,h19,S ( _ Tax ID =. Address: 20 . Z-Alet �I�--i III ��9WtVI-V� PAIVt CA Email: • V �' a u..tin,o v, GCCY ��hs Telephone .. ( 7 ` �° 3 of � G y Printed Fame: Signature of Authorized Representative: ke -.,? TY —7 1 � �V Exhibit A Vd• 3 Page 5 of 5 �9• EXHIBIT B IQ # 19-003 GRAPHIC EXAMPLES Various Departments -- County Seal *Note: The department name would change accordingly. P;Iic OF • a Various Departments — County Seal and Unit Ws *Note: The department name would change accordingly. Vol. s 11 3 pg. 6 fv "' �Pii►�sl...t � wi� � •� •- :•q�f �tl-., .ti..�d� `I . .1 ��. 1' -- � _ -�:'~ Via" I; ' 1..�..�1t� _ .�L.._—..-.!,._ • / ,' ,l -'r "_�' , 11 ,mot• �u4 �� � . %•�,4 � � �'r �.i �`_, �.� - _.� • .•�,:.La, - f ram,• ,,�= �, .• . �•:.�. - .; _. / •,� .• hey - • I _ t 130 IT Vol. 3.2 3 Pg. J� 3 ri - � ter ,t-`� •rUS �• a ••ram :L. 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' • . , ' t i. yt 1 ,j::�• .r:. �!' �1.. '�• •!•_ 't+ j.,�r.��o_- r•ti` - ..ice ,1_.� 4Yn•,r^'3. �• • ,-- •'L1_ `' / , •' 5 rl •.I'•.� 1 �� 't..11 -. Li J Ill ! j •.� • � �� Y V� .. �tia r r ,r .. . • ..7 _ • - � � -• , r•. • � •� _•J, ` ,ISr � t'. `-vim .".' r, r 4 � !'; • L � ,• • .p � it � � i�Lt ��.� ,+i •• , r r ., •• � - r .". • ' r J .} . �=�, . r _ � S, .h. .. ... Ali .... Cam" eronl,,-Cq y Juvehile Justite bdpaftmient W htYJUVENILE PROBATION .DEPARTMENT FYZOZZ-24 CONTRACT # JUV2023-78 n Vol. k l 1-4 Pg. . LL -112- - A 'STATE OF TEXAS COUNTY. OF CAMERON DARRELL.B., HESTER JUVENILE DETENTION CENTER. Secure - &Term Detention of Juvenile Offend6rs This Agr eement Ag mantis enteredinto by and betwi . he .. Brazos County Juvenile Rrobatioin DE Cameron County Juvenile' Juitl ce 0 P2 referred to as "Service Provider or ":Fadli ;the Texas Juvenile -Justice Depoftment".0 certified a fd "`�' e treatment e s being suitable . r the treatm nt-4 i Brazos County Juvenile _Board,�it-the request ofand on be...'half of ft Ient (collectively referred to a1's''6J6venI1e Probaticn")• and the ietittDarreff.B. Hestef J00nild. r. Detention Centerfcollictively a governmental en* *Iicinied tde child care services by The Darrell B. Hester J.Mde Wention Center hasteen duly residential. care of children.. - ARTICLE I' PURPOSE Whereas Juvenile Probation, In o"*to carry out And conduct Ksjuyenild progra Inaccordance Withithe Juvenile Justice Code TiQelil of- the1-kas Family. Code has need 1br the- use of detention facilities io house and-malritain children of juviolle age, who are refqrrqd'tQ a detention facility -for W(s) of delinquency or acts) indicating a heed for supervision, during pre-trial and 'pre-01sposludhal status or in -the post. Oispoil.flonal treatment prescribed by the Court, The plaoementfacility to be 6tilizedis owned and -operated by the Cameron .County J66hlk justice DepartMent and is.locateil at 23116 K Highway 77, -Santenito, -Texas '78586..'The'M9*4lng addreiiof the Service. Provider is P.O. Box, 1690, -gin Benito Texas 78586. ARTICLE'll TERM 2.01-.- ' The term of this Agreement -is for .a -perlod of twenty-four (24) months, commencing SopteMber.1, 2M and ending August 31, .2024. Such. termination shall not -affect 'ot . dimi0sh the pladipo.:-, .:.responilbg I p* . ncontract. ity for ';ant 4 anj.�� , punts due and �owlng - at the- time bf the ihation o th T After receipt of NoUce:6fTermination, the placing County shall remove all children plqcW in thi lkacility .on or,46(ore the termination date. 2.'02 The terms of this Agreemelt shallbe. extended until such. time as,all services which have bdeh-fe4uested. by the Juvenile66baPon and , -arelfi.ending'on the lerminatermination,date in section aboyi have been performed. Undat this ag"ni" Juvenile Probation may !efer'male and female juveniles In need otre short 'hort-term detention. ARTICLE IIt SERVICES 101 Service Provider will perform the following services: A., Service Provider Agrees to provide a space, if available, at the OmeJuvenile Probation is requesting d 0 the space. Service Provider reserves the right -to refuse admission of any child deemed inappropriate. Ser4lie W6116s has resolved to operate the Facility in compliance with the Juvenile Ju oe qfl and J Prevention elinquoncy Act, -i 'therefore, Service Pfoviderwi I not accept children Mtinti6n, 00 re th wpold'prevprit the'Facillity from complying with . e Juvenile Justice and Delinquency Prevdh1l6n Act o 'those "juveniles .wh o are charged With or has committed offenses that would not be.criminal W 2 vol. 3 '7L pg. 6( committed by an adult or offenses which do not.constitule violations of valid court order, orsuch non - offenders as dependent or neglected children.." (§2?3 (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. medical professional. If a child is .accepted by .th6facility from Juvenile Probation _and the ch id _thereafter is determined A to be, in the sole judgment of tide .Faci�ty Administrator (FA),: mentally or physically unfit, dangerous, unmanageable! unsuitable fo f .the. •program -or combination of such .conditions or whose mental or physical conduct would. of mi tit endanger the other occu ants of :thefacili , ,then the FA shag n9tify Juvenlle'Probatlon, of the determination.: The child. shall immediately be 6moved from the Fac111ty but in no event no Ionger-th6d4our {4) hours after notification.. It will be the;'responsibility of Juvenile Probation, at its expense, taprevide for the transportation -for the removal. of the child. B. Provide twenty-four (24) hour'per, day, seven .(7,) days a week -loom and board, to include all meals with :basic -residential services; *including: standard supervision Eby qualified and certified adults, <-•::;: ; snacks, recreation'faciiities, persohai hygiene items, haircuts, transportation, Texas Education Agency .- _ ., approved educabgnal prngromHnq, school supplies, room (rent; utilities, maintenance, telephone), v , mental health counseling (if.: required due to crisis screening -•or other short term need) and _'. � miscellaneous, as ordered by Juvenile Probation. C. Ensure that the child's,parent(s)/guardian(s)fqustodian(s) and Juvenile Probation, and tipecificafly ' - the Juvenile .Probation Officer (JPO) are notified if a child .in placement ,makes an unauthorized departure; _becomes seriously ill, 'or is involved in a serious'accident. -.1 ivenile Probation and �hW i- parentAegal guardian or custodian, will be informed immediately if during viog hours. `Aftdt-notro working bours, the Juvenile Probatlori will be notified, as well as the parenttguardianicustodian. In -the event of serious. illness: or accident and for any required follow up care, Service ProiilderShall be responsible for having the chiid.transported to the nearest hospital ore: ergency care facility. C, Children from Juvenile Probation who are alleged to have engaged inAelinquent conductor conduct need Indicating a for. supervision; as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the•Faciilly under the- authority of any -Juvenile -Court iiavmg jurisdiction or its designated official. Children trot released within forty-eight (48) hours (excluding :weekends and holidays) must have a detentionhearing in thd.appropriate Juvenile Court in accordance with'tfie Texas Family Code, TitleIf.1hi child.is -ordered detained, a. certified copy.of the :Detention Order must be delivered to the $®ryice Provider prior to the child's readmission, et_ Each child placed jh,, he Facility shall be required to follow the :rules and regulations of conduct as fixed and determined by the FA. and staff of the Facility. F. Service Provider agrees that the Facility will'accept any•child'who qualifies, without regard to such -child's religion, racd °creed, sez-or:national.odgin. -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, r or -its agents, servants or employees at the conclusion :of the ten (10) day working period authorized by the Court Order issued at the oonclusion of the initial detention hearing by the Judge:of:the appropriate Juvenile.Court unless a new Order has'been.Issued authoring the continued detente, and a copy of the new Order has been delivered to the Facigty, or unless a.waiver of the ten' working day.heaf ng has been executed and 'waiver, copy of the waiver is received by the Facility. A copy of the. Order -issued pursuant to the waiver shall be fumished- to the .Facility, The same, 3 Vol. Pg. 1 understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. H. It is further understood and agreed by the parties that, children maybe released to the JPO or other appropriate authority of Juvenlle Probation pursuant to: (a) paragraph.A of this Article, (b) an Order of Release signed by the Judge of the Juvenile Court of the Cameron County. I. Service Provider shall be in compliance with all standards and requirements of the TJJD and all applicable State and Federal law. J. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the TJJD. Facility personnel administering the -MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be -promptly provided to Juvenile Probation of the detaining county. K. Each child placed in the Facility shall be enrolled in an educational program. Required procedures shall be taken to comply with requirements of Special Education students and their needs. L. It 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, 0 is also understood that the Juvenile Court of Juvenile probation shall control the conditions and terms of detention supervision as to a particular child pursuant to the texas Family Code, §51.12. ARTICLE IV COMPENSATION 4.01 Juvenile Probation agrees to pay Service Provider the sum of $120.00 per day for each child that is placed in the- Facility. The daily cost is based on the projected actual cost df care for children in the Facility or per agreement with the Service Provider. 4.02 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Charges will include the day of admittance, regardless of the flour of admittance; plus the number of days until. released, including the day.of release regardless of the hour. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner in accordance with Texas Government Code, Chapter 2251, Payment for Goods and Services. Payments shall be made within thirty (30) working days after receipt. Payment shall be made to Cameron County Juvenile Justice Department, P.O. Box 1690, San Benito Texas 78586. The Service Provider may, at its discretion, or upon recommendation of, the Cameron County Auditor's Office, impose interest on payments that become overdue in accordance with §2251.025, Texas Government Code. 4.03 Medical: In addition to the rate agreed upon between the two (2) parties, Juvenile Probation agrees to be responsible for payment of medical care to the juveniles placed at the Facility and to pay for emergency examinations, treatments, medications and/or hospitalizations in the event the child's medical insurance 4 Vol. Pg. 1" does not.cover the cost.. The Facility shall request authorization from Juvenile Probation of any medical :need or medical condition requiring care. . if emergency examination, treatment .and/or hospitalization- outside the facility is required for a juvenile _. placed at. the Facility, the FA:ar:designee is authorized to secure=such examination, treatment and/or ti hosplialization at the expense of Jiii►eflile Probation. Juvenile Probation agrees to .(ndemnify and hold harmless Service Provider; _their representatives, agents and employees fram..any and all liabiiity for charges -for reasonable and necessary rn ical examination, treatment andlor hospitalization. 'The FA or :designee shall ..no* Ju%4e ile `Probation and 'the parentlguardian _or custodian of such an emergency immediately but no later than Weiity-lout (. hours of its occurrence: .4.04 Psychological services will be provided, to the child on an as needed .basis at the request of Juvenile Probation and .shall. be paid by the Service Provider and submitted for; reimbursement to Juvenile Probation. The Whitt' shall ti �ue'st� authorization from -Jyv®Wile- Probation of any mental health services being required. 4:05 In order to avoid duplicate payments for children being .transferred to another.child care.agency under -contract with Juvenile Pfabat6,:, e,receiving agency will begin.td_Invoice.Juvenite Probation on the day the child is admitted into the program; the Service Provider.wiil also:tn 66 Juvenile Probation for the last day of care. 4.06 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimburseme4from Juvenile Probation 4.07 Service Provider agrees jto make ;claims Tor payment or direct any payment :disputes to Juvenile Probation. Service Provider will .riot contact other department employees regarding any claims of - payment. . 4.08 Service Provider agreesand _understands that all financial obligations of Juvenile Probation provided for In this .Agreement, for .which current revenue is not available, will be contingent on the availability of appropriated funds -to in6et said obligations.' -ARTICLE V EXAMINATION OF PROGRAM .8 RECORDS 5.01 :Service Provider -agrees that it will permit Juirenlle Probation to examine and' evaluate Its program of services provided urid6f' the -terms of this agreement and/or to review its records periodically.. This examination and evalaation of the program may include period site visitation, observationof programs In operation, interview and the a�ministration of questionnaires to tie staff of Service Provider and the children when deeoied necessary. 5.02 Service. Provider shall provide to Juvenile Probation such descriptive Information on.contractred children - as requested on forms provided by Juvenile Probation. .5.-03 Far purposes of evaluation, inspection, .auditing, or reproduction, Service Provider agrees to maintain and make available any and all information, records, papers, reports or other dodumetits or evidence to ,an authorized representative of Juvenile Probation, the Comptroller General of the United States, the U.S. Department of Justice, -the TJJD or the State of TeXas and/or their duly authorized representatives, Vol. P9. a 2. % • 5.04 Service Provider shall retain -and make avallable to Juvenile Probation all financial records, supportingdocuments, statisticai records, and- -'ill other records pertinent lot he Agreement.for a minimum of seven ' F) years, :or.untii any pending litigation, claim. audit or review, and all questions arising therefrom have been fesolved, and shall make available lot Juvenile Probation's inspection, all contractual agreements s " with Service Provider's subcontrai;rs for services related to this Agreement. r 5.05 Service Provider understands that acceptance of funds under this A reeinent acts :as acceptance of the authority of the :State Auditor's 'Office, ,Or any successor agency, to ccnductan audit or investigation in " connection with those funds. -Service. Provider further agrees to coapdA16 fully with the State Auditor's Office grits successor in the conduct of the audit or investigation, including proiiiding all records requested. Service Providerwiill ensure that the foregoing clauses concerning, the'authoriity of the State of Texas to audit and the requirement to'cooperate is included in anysubcxtnttactor arrangement Service Provider enters Irk in which fonds received Ofider this Agreement form all or.part:of the consldoration. 5:06 SenrtceProvider ►ill have eligib itytotecelve state funds as required by the Texas PamilyCode §231.006 and will be in Good Standing with th State of Texas CompVolier's Office. ARTICLE Vi CONFIDENTIALITY OF RECORDS 6.01 Service Provider shall maintain 'strict c6nfidentiality of all InformOg and • records relating to children '-' involved in -Juvehlle Probation, and shall not re -disclose the information except as required to perform r the services to be provided pursuant to the Agreement, or as maybe- required by law. ;t}q - ARTICLE VII 'DUTY TO REPORT 7.01 Allegations Occurring inside. the Juvenile System. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 368, or successor provisions, Service Provider, and any of Its employees,-intems, volunteers,: or contractors, shall report any allegation ot.iricident of.abuse,-neglect, exploitation, death orotherserious Incident -involving achild inaJuvenile Justice'FacilityocJuvenileJustice 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. TJJD by submitting a'TJJb. Incident Report Form by email to:abuseneolec t Qexas aov (or if unable to complete the.form v'thln twenty-four(24) hours, lhen' byeailing toll -free 1.877.780-7263, followed bysobmitting the reportwithin twenty-four(24) houpdfsaid coil). In addition; fofserious iricidents,'a: treatment discharge form or other medical documentation that contains evidence of medical -treatment pertinent to the reported incident shall be:submitted to the TJJD within twenty- four (24) hoots of receipt; and .3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form must also ` be sent to Juvenile Probation within twenty-four (24) hours at facsinge number 97H23.4211, Attention: Chief Linda Ricketson. S. For allegations -and incidents of sexual.abuse or serious physical abuse. I Immediately' but no later than one (1) ho r m' e n i. Local law enforcement agency u fro the time a person rs. gains knowlodge of. or suspects the alleged serious physical abuse or sexual abuse. The initial :report shall be made by phone to law enforcement;. the time a `person gains knowledge of or 2. TTJJD Immediately, bui 6�6er than four (4) hours from A suspects the Aflegid sifldiimreport shall be made bypl�slcal abuse or sexual use.. phone 4jdalllrig toll*eij- 17K786-7263. Within twority-1 M iiirs Of the report. by phone, the completed incident Report Form ;shall"'be.. -.,sUbOfted by 0m811 to ibuge'he_delqlD_MdAexas,g& and 3. 'With M en placed b Juvenile Probation, the'TiJI). incident Repat-Form most also respect tojov'" juveniles pla. y . uve Jbe toot to juVinileProbation within twenty-four (24) hoi ,at ho16 number 979-8234211 h Attention:.Chief bi6f Undo 111c etson. -; Allegations Occurring Outside- the Jy person..who qvqnile System. An learns of, receives an Ark' f aAJ!16�dd victim or other person With knowledge o has a reasonable oral or written statement rom ' owe goorwh, nable j�jbuse, qeglgict, exploitation. 'brdl& belief as to-th.e.occutrencd.of alleged i, death, other serious Incid0fit Involving a juvenile,.but that"�oigileiia6volvein ft or Service Providdr- is empi6yee,'Intern, volunteer, contractor, .of a program or facility, bft9l1b6'r.iO'6ited to law enforcement or to other appropriate governmental unit as required -InTexas Family Code Chapt6r'2.61. 7,03 :As used within this �grei.eM6tt In. cludes nclude$ the Witnessing, leaming.'.or receiving an oral or written statement A. An allegation • or in 'dther from an alleged victim &Oerson.Wfth reasonable.bellef or knowledge at to the occurrence or an `Aleged bbuse, neglect; ploltat oh, -death,,.Qr other Woo incident_ Jmiol ga juvenile in a juvenile ij justice facility or juvenile justice program. B. A serious incident is Aftomoled escape; attempted. suicide, escape, repqdqble injury, youth-omyouth assault, dry'o"uth sexual conduct. .. .. ... physicaln- fI Sexual abuse Is conduct. committed by any perton against a.juvenile that inicludes sexual abuse by contactabuse bynon-contact. D. Serious physicalAbuse Is bodily harm or condition that resoltdd directly.or from the conduct . that forMe'd-the-biiis of afiAlegation of abuse, neglec1,.Qrexp1oitat16n',1f the bodily harth.or condition requires modical*'tniitmint'bi'sphysidan, physician assistant, 11cen'sed.riurse practitioner, emergency medical techniclan,, param lc,or dental. E. A juvenile justice. facility Is i8ifacility, including As premises. and affiliated sites, whether contiguous or detached,:bperit6d, Wholly dr-pbIlly by or under the authority of the goyerning boaidJuvenile board,• or bi-p.privite vendor under a contract with the governing board, juvenile board, or governmental unit 'that serves ju"nilles, under juvenile court judidiction. The term includes: a publiciorprivate. juvenile P=4 correctional facility required to be certifted in accoidafice with the Texas .Fpost-adjudicationjlya public or private non -secure juvenile postradjudication residential (reatment-facility Code; a d dousing juveniles .under juvenile court jurisdiction. F. A nile J400. program Is a p wholly :br.partly by the governing Fograrn or department operated 26r7. juvenile board, by a private vendor-un0er contract with the. overnina board drjuverille board 393 Vol. pg t'} 'r> that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes ...: a juvenile,justice pitemative education program and a non-residential program !hat serves juvenile .= offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a Juvenile Probation department. ARTICLE Vill PRISON RAPE ELIMINATION ACT "8.01 Service Provlder:shaA adopt_*aiid comply.with all -federal, state, county arid city laws, ordinances, regulations and standards applicable to the provisions :of . services described herein and the .performance of all . obligations undertaken pursuant to this Cohtract, including 'the Prison Rape Elimination Act 0,2003 (PREA) which establishes a zero toleroiroe;standard against sexual assault of incarcerated persons, including juveniles, and addresses thuds_ 1 Uon,-' limination, prevention arid reporting of sexual assault in.faciitids, housing adult and juveri�iie offenders *[PREA §115:31.2.(a)]. E[;+ Under PREA, Service Provider shall make available -to the .Chief JPO (CJPO) all incident -based aggregated data repgrts for every allegation of sexual abuse at its facility orfacililies, and all such data may be requested by the. Department of Justice from the previous calendar year no later than June 30 [PREA§115.367(e) and (Q]. , Under PREA, the Service Provider shall be subjected to annual contract monitoring by Juvenile r'';•., t Probation to ensure that the' Service Provider is complying with PREA standards. [PREA §115.312 -(b)],,To comply with this -standard. the Service Provider will make available to• -the CJPO all incident F based aggregated.sexual abuse data within twenty-four (24) hours of ttie.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 [PREA§115.M9(b)]. Service Provider will be subject to a -Department of Justice. PREA audit every three 1(3) years beginning August 20, 2013.'Service Provider shall be solely responsible.for paying for a PREA audit. .ARTICLE IX CRIMINAL HISTORY SEARCHES .9.01 Criminal history searches shall be conducted by,Servlce Provider. for any and -all.of its employees, interns, volunteers, or contractors providing services in a. juvenile justice face or juvenile justice program that may have -direct unsupervised access to juveniles in the facility br program: .9.02 Service Providers .of juvenile justice facilities or juvenile justice programs :licensed by the Texas Department of Family and-P%tedtive Services, Texas Department of State Heattti Services, or other state agency are exempt from the requirement to provide documental'ion of criminal history searches for staff .employed in the program .or facility. Service Providers that are individually licensed by the Texas Department of Family and Protective Services, Texas Department of State Health .Services, of other state agency are also exempt from the requirement to provide documentation of criminal history searches. Service ,Provider shall provide Brazos County Juvenile Probation Department with documentation confirming that Service Provider's'license is currently in good standing with the licensing entity.and shall not provide services under this Agreement unless its license is in good standing: A03 Criminal history searches shall include the following: 8 Vol. _ Pg. S A. Texas .criminal history fingerprint -based criminal history background search through the Texas - ' Department of Public Safety. :• ;,. ; 8..Local law .enforcement sex offender registration records check through 'Oe, Public Sex Offender . Registry on the'i`exas. Department of Public Safety website. C. Federal Bureau ; # lnvOstigatioi .,fingerprint-based.criminal history background search at fife National' :Crime information Center; iittertie based -searches shall nof'he'•used• to conduct this :background ' search. 9.04 A copy of :the initial criminal history re oft required by this Agreemont.and any reports reflecting subsequent criminal activity shall be tnaintainptl for monitoring purposes for �jtrictievpr of ,the following occurs later duration of the individual's empibyfnsnt' or period of service,, minimrim: , thine; (3) years, or until arty► pending iitigatlon, claim,. oudit or revlevr; and' all, questions arising. therefrom •have been resoived. L 9.05 'As used within this Agreement, andlsqualifyln$ criminal history is a history.:that;includes any of the ': following: A. A :felony conviction against the'.(iws of this state, another state,'or the united States within the past 4' .. 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 jaiiabie misdemeanor convjction against the laws of this state, another state, or the United States *Ohio the past flue (6)'jrenfs; E..A deferred adjudication fora°jailabte misdemeanor against the laws of. this „state, another state, or -the. .United States with Ohe past nve (5) years; F. A current jailable misdemeanor, .deferred adJudfcallon, probation or parole;,.or G. The rr3quirement ,t4 register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. g.06 In addition.to,the criteria:and time iremes set forth in the above definition of disqualifying criminal history, an Individual must not have direct 6risupenrised access'to juvenilosin a ,facility or.program until at least one year `has elapsetl: since the completion of any period of incarceration, community supervision, or parole. 9.071. Any of :Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal . history shall be prohiNted from having direct unsupervised access to juveniles M a juvenile jusfice•facility or a juvenile justice program. i9108 Juvertils.'Probation reserves theAgititJ its sole:dlscrelon, to -prohibit any individual with a prior criminal history from being placed'in a position that involves direct unsupervised contact. *with juveniles. �j Vol. Pg. ARTICLE X. DISCLOSURE.OF INFORMATION 1.0,01 'Service Provider warrants that, prior to entering this contract, it,has verified and disclosed the following information to Juvenile =rt! on; .agrees that it shall have an.;ongoing'affirmative duty under this Agreernent to promptly r :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 all litigation filed- against„Service Provider, or against. its employees, intems, volunteers, Subcontractors, -agents andlo?°cxytisultants that have direct unsupervised 'contact with juveniles in a juvenile justice facility or juvenile' justice program; C.:Any arrest or current crimie.nal :indictment 'of any employee, 'intem, volunteer, subcontractor, agent andlorconsultant ofServiee Provider that has direct unsupervisetl contact with juveniles in a juvenile justice facility or juvenile justicdprogram; D. All pending and past allegations'andlor investigations of abuse, neglect, exploitation, death or other serious incidents involving -a juvenile placed by Juvenile Protiaiiorf in 'the juvenile justice facility or juvenile justice program; E. Any finding of "Reason to Believe" by a state regulatory agency . in a child abuse, neglect and exploitation investigation-where"an employee,.intem, volunteer, subcontractor, agent andlorconsultant of Service Provlder' that has dlreat unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program was the. alleged or designated perpetrator; F. The identity of any -of lei*6 Providers employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice lacility or juvenile justice program that requhad to register as a sex offender, and G. The .:identity of any of Service Providers .employees, -intems, volunteers, subcontractors, -agents andlor consultants chat have direct unsupervised contact with -juveniles in a juvenile justice facility or ,juvenile justice program that have a disqualifying criminal history. 10.02 .Service Provider agrees:and understands it has an affirmative and ongoing duty to ascertain and disclose _ to Juvenile Probation any and all ofthe'foregoing information as to any individual,. whether a prospective or existing employee, intem,. volunteer; subcontractor, agent and/or consultant of Service Provider, prior to placing that individual in a position that involves'direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY _11.01 Service. Provider agrees to respect and protect the civil and legal rights of all children and. their parentslguardions or custodians. it will not unlawfully discriminate against any employee, prospective . employee, thiid, childcare provider, or parentllegal guardian or custodian on the basis of age, race, sex, rellgion;-disabilily ornational origin; Service Provider shall abide by all applicable federal, state and local laws and regulations. 10 EVol. ( Pg. �, + ARTICLE Al '66dONTRACT ASS GNMtNT & 12;01 ..'Service Provider ma not assignor subcontract an of Its rights, duties ariftrobli ations ansin •out of y._ g Y � 9 g - ThisAgreement vrifhoutthe prior written consent of Juven le Probation. ' r is-.�ti, ay =' ART!CLE XIII• a aFFICIALS NOT TO BENEFIT 13.01. No officer, employee.gr ageiiI•of �i vpolle•Prabation and no me*Otf its governing body and no other public officials of the•.gavemin`g body of the locality or localities In which -the-project is situated or being` , cariied wh6exemli any=fui 0ons.,cr.responsibilides in the project,'shall,partIcipat6 in any decision relating , to this Agreement whlch affects orcpnf icis with histher personal interest or h ',phypersonat or pecuniary interest, director indirect;`in this Agreement or the proceeds thereof. .w , ARTICLE XIV DEFAULT 14.01 Juvenile Probation may,:bywrittett notice of default to 5etvice Provide`.r,:W rilnate_ the whole orany part '. of this Agreement,' as It deems appiopriate, in any ene of the following circumstances: _ ktl . • := =; A. if Service PlOvIder°fails to, pelform the work called for by this Agreement v�thin the time specified hereln or'any extension themiit.or B. If Service.Provtder fails to perform: any of the other material provisions of ibis Agreement, includimg .. fawn: to actiieve'tie definedgoals; outcomes, and outputs, or so fails to prosecute the. work as to - endanget the p rm' i ance+of'this Agreement in accordance with its terms,:' d C. In eitherof these two+circumstances after-recelving notice of default, Service Provider does not cure - • . such failure Withlit a.*' eriod of ten••(10) days. 14.82 Any default. by Service Ptavider, °regardless of whether the default results 16 termination, will jeopardize ; Service Providers •ability to contract with Juvenile Probation in .the future, and may result in the refund of compensation received -tinder tiiis-Agreemenf. ARTICLE.XV TERMINATION •15.01 This Agreement may f e teelnated:: A. _ •By sitherpaily upon ten (10)-days WrItten notice to the.other pa'q of the! fitlon to .terrnihpte; or B. Upon expenditure of avallabte funds. 15.02 If st•any time during the term. of this agreement Juventle Probation, in its sole discretion, determines that . -the safety of children tieing served:under this Agreement may I*. in jeopardy, Juvenile Probation may = - immediately susoknd-.Ihe-effect of"WeAgreement, including but riot limited to the, obligation. to pay, ypbn ;z giving op0ce to the Servico Provider.' f:;_ 'J••--�/ `�� fix) Vol. ��,�+. • it J.1 ARTICLE XMI WAIVER OF SUBROGATION `-:,16.01 Service Provider expressly Waly -dghts of a ob a4y,and all rights It may haveofs. to or gatlon. W any claims *empl*es agents venire MWIM' Service Provider wolves any rights. t may have fq,,'iodom Juvenile Probation: nVipplion #Pm Aiwe ;ARTICLE- XVII INLEMNIFICATION IT 01 It Isb(Mer,agreeflhAtSi: irlabi -any and all nqgligq9ce�. of c4mrdission or.ftisilon -',underihis Agreemint'ien 'Pm . . bationtbran arising from or i�lotdd t6th �-W "s - iv6.00601dervill indemnify and'h6l.d.fi Illy,, 6%pensies 46_90 of i0riidifihall havertoobligat6`06 ibmfniiiwbr` omission of Jtwenlle'Nb is:Agieement for. which a claim or ot or a armless-Jufthille Probatlofi.agiinst ..potyl and neglige' * I act(O n - ,;"Pr employees arising fronj activities Whold harmless Juvenik. iti6d 14' or employees *,.' i. . Ofibb Is ARTICLE 'XVIII 'SOVEREIGN IMMUNITY This 'kO .9reement1se te4ly *mpde subject to Juvenile Probation's $ovprefi�n 1mmunhy. fide 5 of the I eidi eivii Orokas and A" - -') d' ipgi Code, and all applicable Wdial and -The partles Opressly agree that,iia prouisioii of this A�reelnent its in I OcOnWildti , _* - -0 yWiybteridec 9-walver or any immunities 6m i 4, ftom'14#1 W'-that.juoenllq "Probition as by operation bw..'. Nothing I this Agreement is P41 nd* n .1 to jh rd 'pagy-bane intended benefit spy. I ' . I ficlary. ARTICLE XIX REP998"ENTATIONS & WARRANTIES 69Wke Provider hereby represents andwarrantsthe followirig: A.. That It has.all necessary right, -0(10, license and authority to enter into this :.B.- That It is qualified tqdo'buslnegs In the State of Tens; that It,holds all; licenses and staff ";'*r"' ' ' ' "if 0 With all Owag6ns tD 1`pklde ikQJ 09(s) of services being contmd6d or that ,gstAtildbry and re0latoryrojulr6i4onts for thOopiration of its b'W"nds's";ihd-Jkktfi- * ' *0 . herezri po, Wes -due and omilng*to th6State'6fTexas, 'ihg'County otCameron ot 'OblikM subdivision thefeof;, C. That'it-carties, sufficient jhsura* jo provide protactiorl to.4W61116060"Wonunder the indemnity p i6M 6 h i,-,Os 'Widl i '0 S. - to F - Ai'- 0potential 0 a 0111 fie's th at - ads a. �W.om'& WOW 6 011 phis Agreement}'that, 0 fqtiestid, It:',wA.;,b Auiince,6arkir6 identify Jui R6 411166'iii icii1ificate Wder an a6ie Its insurance 16 policy, and 4('Ood d 6ijiv"o"ll&PmbatiofiJuvenile Boar.diiaddigbri;lkisdre onitopolicy; ' D. That all of'b employees, interns; volunteers, S'U* ntractots; �a that gents and/or consultants wtbavo v in. a juvenile justice facility 6r. juvenile justice progriM iqHl be propel .contact fithj�4@196 ly.fialriid to ft death or serious .incidents W6149 a report allegafts 4, Inc,ldenti 61.0buse, neglect, exploitation, juvenile under the, supervision 6fAvenfle Priobation'in.-atco idance W& the requliime6is'of Toias' Vol. pg. Family Code Chapter 261. and Tj any applicable JQ administrative- rules regarding abu e glect, exploitation, :death or Serious incident; and , E 7 -it has employees, volunteers, That, if. interns, v6luntee subcontractors, agents and/or -consultants that have contact with juveniles in AjuvOM i.e. juitipe facility or juvenile just%ce pnram, 010filt shall pr9mineptly 91(of dflicdA as ost.-In all public *On4_6Wff -drA^ f its the EnglishandSpanish q, any an), areaV9119 1 Id 00 -the TJJD *ebsile: Notice, language versions of thi.f6,116iij 6`61ficial notice forms that"b to Pub#O. Regarding 4*o�e, Neglect and EXplolt flbh andNotide 0 ..f.jkTp1qyees.i3egodng AOuse, Neglect and Exploitation.. ARTICLE XK TEXAS LAW TO APPLY .:This-49reolmentshalt-be constM6d1Oqderand in accordance YOU laws, of the State of Texas, -and all lions, of the parhq crealidd,6reunder are performable in obil s Carnerbo County,'Texas.- 20.02 Service Provider verifies. that. it dois no boycott bo Israel and' will h6t,boycoit -Israel* during the ten of His agreement, The term "boydotf-Isrdel is as defined by the Texas Governmeht, ode* §2270.002, effective September 1, 2017... �20,03 Pu rsoant. to §2252.1 $2. of the Texas. Government Code, Sery ice Provid6r affirms it is not, engaged in business With Iran, 'Sudan, .di f&elgii ;6rrodst organizations. Serolci'Pr6idefliirther affirms It is not on a. list prepared Arid maintained by .1 , .153 of the Texas the :State Comptroller of Texas Oursdiritlo i2252 Government-Code. ARTICLE Ml VENUE *g6tlon arising from this Agreement - 1,10 Exclusive lit! shallbi in Cameron Count 9 1 E. sii . .venue ARTICLE XXII' LEGAL CQNSTRUCTION e. 22.01 In case ;py onew-morei.,ofthe ptdvlslons contained in this Agreemlofit shall for any -reason be, -held - to be invalid, in any respect, y, illegality, or unenfor6eaOle provision F, L,itichinvalidit shall not affect any othor'provilsilon th'�'ieof and this Agreement shah(be construed as.1f such Invalid, illegal r unenforceable imforteable provision had been erein- uri" i64! provision ' " b n contained therein-. ARTIW.XXIII ADDITIONAL TERMS & AGREEMENTS 0 1 Service Provider will ;accept only those children confirmed by authorized officers of Juvenile Probation 16,be referred lot plaoement: In Service Provider's facility. 23.02 'Prior to transporting 4 child to the Facility for placement In Secure Short -Term Detention, Juvenile Probation shall call the Facility to ensure. that space is available: Placemenf6f children.4y authorized.0fters of Juvenile, Probation ,maybe lonWits6iceiiniltation.;�ulreasdetermined by-theFacilft Vol. r7 Pg. Lo 13 23.03 A child will only be accepted in the Facility upon receipt by the FA of a proper order/authorization from the Juvenile Court of Juvenile Probation. 13.04 The child's parent(s), legal guardians) or custodian(s) shall bear the primary responsibility for payment of any -medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or. . :other•ex enses not provided for in Service Provider's facili 23.05 'Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Pr6Vlder must.not release a client to any person or agency other than Juveriite Probation .. without the express consent of ai authorized agent of Juvenile Probation. 23.06 Service Provider is under no obligation to accept a client who Is deemed inappropriate for placement in that facility. 23.07 4 .Juvenile Probation is under no obligation to place any child with Service Provider. 23.06 In accordance with §20.012(b)(1) 'of the Texas Public Education Code, as a condition of this contract for short-' . term detention services, Service Provider shall notify the school district in which the facility is located not later -than the third day after the date -a child is placed in the Facility. 23,09 Service Provider shall.comply with all applicable federal and state laws and regulations, Juvenile Probation's policies, and TJJD standards pertinent to services provided under this Agreement, 23.10 Under §231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, -bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 23.11 Service Provider -is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all -funds received from Juvenile :Probation, -and -shall adhere to -Generally Accepted Accounting Principles (GAAP) in the accounting, reporting, and auditing of such funds. ARTICLE XXIV 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 XXV PRIOR AGREEMENTS SUPERSEDED 25.01 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. Vol. l Pg. 14 ARTICLE XXVI Ampmms 26.01 4uvenile Pro t4don may Wftdstgor abr the toms of . '. ' - --' ' this Agreement i6t and. s411 Mon no Service, Provider lno* an effectivedvo date of5wh than And'" Kq date.-"d equent td the dabs hereof , cca -W iA datebySm"-w opioviderIderd* am-pichi100imade6Y3uV9nlleProbation, rnlntbth,$A cf these $�*!o ID ffte iondfl6ns h"n, ON A- (.46 20" FULLY HAVE THE FULL FORCE AND VMC—TQF AN OkIGINAL. HAVE I.N OOPLICATV. ,.EACH OF WHICKSHALL �\lfitA8S.�0U Iy JUVENILE CAMEROkt66 Jut Brazos County 4Mn a. Board Pikif.i. -By: Linde Rckel6q 7, Chief Juvenile Probati'oii Officer KOSS M. Golnelz Chief h4hile PmbaUdi-OMor %Alm& Javlorpe Facft AdmifilstWor (06MW Manager) Vol. P, g. BRAZOS,COUNTY'COMMISSIONERS COURT ON /4wau-s-r a3. , 20 0' FULLY EXECUTED IN DUPLICATE, EACH OF --WHICH SHALL HAVE THE FULL FORCE, AND EFFECT OF AN ORIGINAL. BY: DATE: Duane Peters, County Judge 200 S. Texas Avenue, Ste, 332 Bryan, TX.77803 Phone: 979-3614102 Fax: 979-361-4503 8ta3 I aoaa. va. ? 3 Pg. (a3 . AMENDMENT TO CIP 22-641 REPLACEMENT OF VARIOUS ROOFS — PHASE V THIS AMENDMENT TO CIP 22-641 Replacement of Various Roofs — Phase V ("Amendment") is entered into and effective this 16th day of August 2022 ("Effective Date") by and between Brazos County ("Customer"), and lst Choice Commercial Roofing. ("Contractor") each of which may alternatively be referred to herein as a "Party" and collectively as the `Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract # CIP 22-641("Agreemenf) for purposes of 111 Choice Commercial Roofing to provide of the service of removal and replacing Phase V of the County roofs; and WHEREAS, the Parties desire to amend to remove 2-Brazos County Juvenile Detention Center modular from the contract. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Removal of the Brazos County Juvenile Detention Center modular will reduce the contract price from $98,500.00 to $55,250.00. 2. Conflict/No Other Modifications. 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 W]HREOF, 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 =OS Ist Choice Commercial Roofing Y/, G Si re Nan1�e M U- wr-f Z 1X D& C Title f a3140aa- Signat"eA e- Ce y Name. Title Date vol. 37 3 P9. IoY AGREEMENT FOR REPLACEMENT OF VARIOUS ROOFS - PHASE V RFP ## CIP 21-641 BRAZOS COUNTY, TEXAS Agreement for Construction— Replacement of Various Roofs — Phase V - RFP CIP 22-641 Vol. Pg. �� TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Agreement for Construction— Replacement of Various Roofs — Phase V - RFP CIP 22-641 Vol. .�:,.3 Pg. AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROOFS This Agreement for the construction of the REPLACEMENT OF VARIOUS ROOFS — PHASE V, Brazos County, Texas, in the amount of NINTY EIGHT THOUSAND, FIVE HUNDRED DOLLARS ($98.500.00) is entered into this 5 day of July 2022 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and 1ST CHOICE COMMERICAL ROOFING, (hereinafter referred to as "Contractor"). REPLACEMENT OF VARIOUS ROOFS — PHASE V is hereinafter referred to as the "Project." The Engineer for the Project is the firm of 4T PARTNERSHIP, LLC and is hereinafter referred to as "Engineer." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ("Contract Documents") consist of the Agreement between Owner and Contractor (hereinafter the "Agreement"), Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP # CIP 22-641 and the Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change in the Work issued by the Engineer. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub -paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.1.2 THE CONTRACT:.The Contract Documents form the Contract for Construction ("Contract"). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Engineer or Engineer's consultants; (2) between the Owner and a Subcontractor or Sub —subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Engineer shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Engineer's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, Agreement for Construction— Replacement of Various Roofs — Phase V - RFP CIP 22-64 Vol. ' S r13 Pg. (o ru materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is the rehabilitation of the REPLACEMENT OF VARIOUS ROOFS — PHASE V in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: This project consists of the replacement of roofs for the Brazos County Precinct#3 Building and the Brazos County Juvenile Detention Center Modular Building. 1.1.6 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that.portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction industry Terms." Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. Agreement for Construction — Replacement of Various Roofs — Phase V - RPP CIP 22- IN 4 E0VC l. .3 Pg. l .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; Engineer approved; acceptable; approved; satisfactory; required; directed; Instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Engineer, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Engineer and Owner. .8 Date of Final Completion: The date when Engineer and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not -In —Contract ( N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. i .12 General Contractor: Same as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of' work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms .shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of Agreement for Conshuction — Replacement of Various Roofs— Phase V - RFP CIP 22-641 Vol. 3 Pg. l v-1 the Agreement. .18 Agreement/Contract:-Agreement(Contract means the same and are used interchangeably throughout this document. This AgreementlContract is the signed agreement between Owner and Contractor for.the performance of the Work. .19 Critical Path: The projects tasks that will cause the project end date to be delayed if they are delayed. The word "critical' does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install' and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect, "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect' and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded- by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." Agreement for Cawruction— Replacementof Various. Roofs —Phase V -RFP CIP 22 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions., sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.6 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Engineer. 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration of items: Lists of "work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. Agreement for Construction — Replacement of Various Roofs — Phase V - RPP CIP 22-641 vai. Pg. ` 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 Engineers. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.6 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and/or Engineer's consultants are Instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract- record set. Neither the Contractor, nor any Subcontractor, Sub —subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer or the, Engineer's consultants shall be deemed the author of them and. will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub —subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, Sub —subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and/or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22- '--�- --- 1/oi. r 112, 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Engineer may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub -subcontractor, and material and equipment -supplier, or other versions of Instruments of Service in electronic form for use solely with respect to this Project The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer, Engineer's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor; any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, -revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, any claim or liabilities arising out of such use. Agreement for Construction —Replacement of Various Roofs— Phase V - RFP CHI M-6 ia t'. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is the Capital Project Manager, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 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 OWNERS 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 Agreement for Construction— Replacement of Various Roofs —Phase V - RFP CIP 22-64 voh Pg. 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 of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Engineer's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Engineer. if payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner -Contractor Agreement, as a direct result of the Engineer's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor (unless specifically agreed upon): .1 Partial Substantial Completion; .2 Substantial Completion when it occurs prior to the expiration of the Construction Time. Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22 No 11 vol. r7 3 Pg. 1 5 ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2. The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract- Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Engineer as a properly prepared, timely, Request For Information (RFI) in -such form as the Engineer may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Engineer, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Engineer any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Engineer may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the .Engineer in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, Agreement for Construction —Replacement of Various Roofs —Phase V -RPP CiP 22 �lol. 3 c 3 Pg. omission or difference and knowingly failed to report it to the Engineer. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Engineer and shall not proceed with that portion of the Work without further written instructions from the Engineer. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor`s employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.6 Contractor is solely responsible for coordination of scope of Worts 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 Lav_out/grades will be aer glans. Agreement for Construction —Replacement of Various Roofs — Phase V - RFP CIP 22• Page 13 Vol U !� p'. F1 [ q 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Engineer and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Engineer that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming ,to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Engineer and properly accepted and authorized by Engineer, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Engineer whether or not such submittal has been reviewed or stamped by Engineer. Notice must be specific and transmitted in letter form. If required by Owner or Engineer, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Engineer, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Page 14 Vol. 3 73 Pg. Contract, whether or not any portion or trade has been assigned or sub —let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such- assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.6.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the .requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, .fences or other 'appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales,, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were Agreement for Construction— Replacement of Various Roofs —Phase V - RFP CIP 22-64 concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor requires all Subcontractors, Sub -subcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 . Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; Agreement for ConsftuWon— Replacement of Various Roofs — Phaso V - RFP CIP 22-641 Pa a 16 Vol. 13 pg. 1 2,6 .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as IM 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 8ft 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Engineer the name and qualifications of a proposed superintendent. The Owner or Engineer may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Engineer has reasonable objection to the proposed superintendent, or (2) that the Owner or Engineer requires additional time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly (within ten (10) days) after notification of contract award, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits. current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Engineer, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, In a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Engineer's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule Agreement for Construction — Replacement of Various Roofs— Phase V - RFP C1P 22-641 voi. did Pg- l 2` and allows the Engineer reasonable time, as defined by the Engineer to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase In Contract Sum or extension of Contract Time based on the time required for review of submittals., 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 ' DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good. order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Engineer and shall be delivered to the'Owner, upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub —subcontractor, manufacturer, supplier or distributor to Illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures,, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to' demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive_ action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonabie promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Engineer without action. Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-6 ©l. 3-7-3 pg. �?2 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub -contractor represent to the Owner and Engineer that the Contractor and Sub -contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8 The Work shall be in accordance. with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In absence of such written notice the Engineer's approval of a re -submission shall -not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Engineer or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Engineer. Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 n Vol. 3 `3 Pg. 1 Z The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner ,and Engineer have specified to the Contractor appropriate performance and design criteria that such services must'satisfy. Pursuant to this Subparagraph 3.12.10, the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Engineer shall be entitled to rely upon the accuracy and, completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cuffing, 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 operatlons under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.16.2If the contractor falls to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. Agreement for Construction —Replacement of Various Roofs— Phase V - M CIP 22-" voi. �'� 3 Pg. l 2`( 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental - authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Engineer. 3.18 INDEMNIFICATION 118.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS, L►ABILITES, 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 ITSELO, INCLUDING THE LOSS OF USE THEREOF IN ANYWAY 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 -SUS - 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 Agreement for ConWac dory— Replacement of Various Roofs — Phase V - RFP CIP 22-641 pa Vci. Pg. 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Quotations shall be in a "break —down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Engineer. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Engineer and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (at a maximum, in calendar days) Day 0: Contractors receipt of Notice to Proceed Submittals, as needed, to be provided within a reasonable time. Day 9: Contractor attains Substantial Completion Day 16: Contractor attains Final Completion 4.1 ENGINEER 4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Engineer" means the Engineer or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," °Eng!nee r/Engineer," WE," or "Engineer/Engineer" shall mean. Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority to act on behalf of Agreement for Constriction — Replacement of Various Roofs — Phase V - RFP CIP 22-rvol�323- QC�. the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quardy of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on -site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for, -the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the. Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made- necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and will not be responsible for construction means, methods, 'techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these !are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Engineerwill not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor- shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractoes Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contact Documents. Whenever the Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Engineer will have authority Agreement for Construction— Replacement of Various Roofs —Phase V - RFP CEP 22-64E Vol. Pg. to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors; materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Engineer's services and expenses. 4.2.7 The Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Engineer is limited to only those submittals required by the Contract Documents. The Engineer's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Engineer's professional judgment to permit adequate review by the Engineer, Engineer's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Engineer's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Engineer's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Engineer, of any construction means, methods, techniques, sequences or procedures. The Engineer's review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Engineer will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Engineer may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Engineer may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10If the Owner and Engineer agree, Engineer will provide one or more project representatives to assist in carrying out the Engineer's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Engineer will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or .Contractor. The Engineer's response to such requests will be made in writing within any Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Vol.. Pg. l Zq time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until twenty (21) days after written request is received. 4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Engineer's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out'of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: . .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 'An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Engineer, this shall include showing in CPM format, both critical and non -critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Engineer. Claims, including those alleging an error or omission by the Engineer, shall be referred initially to the Engineer for action as provided . in Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of. (1) whether -such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Engineer and the other party. An Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 1lol_ - 9 3 Pg. lq6 additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim; unless otherwise agreed in writing or as provided in Sub -paragraph 9.7.1 and Article -14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.6 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally_ recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Engineer will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractors cost of, or time required for, performance of any part of the Work, will recommend an'equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Engineer has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer, (4) failure of payment by the Owner; (5) termination of the'Contract by the Owner; (6) Owners suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Vol. � l pg. �� the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. Agreement for Construction— Replacement of Various Roofs — Phase V - RFP CIP 22 VIZi. 1 , pg. �;---2 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and or any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Engineer will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven (7) days. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Engineer Agreement for Construction — Replacement of Various Roofs —Phase V - RFP CIP 22-641 Vol. fig• -..ems may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub --subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub — subcontractor" is referred to throughout the. Contract Documents as if singular in number and means a Sub —subcontractor or an authorized representative of the Sub — subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award .of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor In writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-64 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS.. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of, the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Engineer. Each subcontractor* agreement shall preserve and protect the rights of the Owner and Engineer- under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit. of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub —subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. 'Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub —subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub -subcontractor, or other levels of contractors and subcontractors, and Owner or Engineer, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will. provide copies of. its subcontracts, agreements and current Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 "s'i" information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts'in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner —Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequentlyrevised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and .proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. Agreement fbr Construction— Replacement of Various Roofs— Phase V - RFP CIP 22-64 Vol. � � � pg136 - 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Engineer; a Construction Change Directive requires agreement by the Owner and Engineer and may or may not be agreed to by the Contractor and an order for a minor change in the Work may be issued by -the Engineer alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed .promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 - CHANGE ORDERS - 7.2.1 A Change Order is a written instrument prepared by the Engineer and signed by the Owner, Contractor and Engineer, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. Agreement for Construction— Replacement of Various Roofs — Phase V - RFP CIP 22-64 v . Vol E Pg. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and signed by the Owner and Engineer directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by -Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; Agreement for Construction— Replacement of Various Roofs —Phase V - RFP CIP 22-641 1 Vol. Pg. L .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results In a credit from Contractor,or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties` agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Engineer will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon .the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Engineer has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than fifty (50) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. Agreement for Construction —Replacement of Various Roofs— Phase V -RFP CIP 22-641 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or. the Engineer. 8.1.3 The date of'Substantial completion is the date certified by the 'Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.6 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees,and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall :notify the Owner in writing not less than five (5). days or other agreed period before commencing the Work to permit the timely filing of mortgages, -mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule, 8.2.5 Contractor is responsible for expediting Work, Identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, Agreement for Construction — Replacement of Various Roofs— Phase V - RFP CIP 22-641 e-613. Vol. Pg. working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate -Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of -Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Page 37 Voi. 3 Pg. `� 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re -execution of defective work, or extent of number of Engineer's. interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is NINTY EIGHT THOUSAND, FIVE HUNDRED DOLLARS ($98.500.00) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Engineer a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Engineer will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty .(20) days before the date established for each progress payment, the Contractor shall submit to the Engineer an itemized Application for Payment for operations completed in accordance with the schedule of values.. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Engineer may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owners interest, and shall include applicable insurance, storage Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Page von. 3'7 3 Pg. and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as, the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further. constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on —site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Vol. 11J Pg. �_ Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: .1 defective Worts not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;- .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub -contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 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 Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may * withhold payment to Contractor notwithstanding Engineer's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth In. Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub -contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub —subcontractors in similar manner. 9.6.3 The Engineer will, on request, furnish to a Sub -contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers Agreement for Construction — Replacement of Various Roofs— Phase V - RFP CIP 22-641 amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.6 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. ' 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a. Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and startup, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a ,comprehensive list'of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by'Brazos County, Contractor has thirty (30) days to reach Final Completion of the,Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by Agreement for Constriction — Replacement of Various Roofs— Phase V - RFP CIP 22-641 age Pg. VolE (�iS the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.84 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned. to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The, stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. ' 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall Agreement for Construction — Replacement of Various Roofs — Phased- UP CIP 22•641 Vol. Pg. 0` inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on -site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such -as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the,Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. if such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed 'through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to certiffication of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Agreement for Constmaion — Replacement of Various Roofs— Phaso V - RM CIP 22-641 Page 43 EVol. ® Pg. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. 9.10AThe making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents, or .4 non -conforming, faulty or defective Work appearing at or after final payment. 9.10.6 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the.Work and other persons who may be affected thereby, to include but not limited to the Owner and Engineer and their consultants - and employees; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub —subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of Public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. If 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including Agreement for Construction — Replacement of Various Roofs — Phase V - RFP C1P 22-641 ageVol. !2 1 3 Pg. sU[ posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of -hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnei and shall give Owner reasonable - advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Engineer, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.6 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub —subcontractor, or anyone directly. or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Vol. �_ J Pg7-1 q 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding -that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Engineer for Project site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi -employer citation provision. 10.2.13 The Contractor shall notify Owner's and Engineer's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Engineer's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, in writing, with a copy to the Engineer. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial Agreement for Construction— Replacement of Various Roofs— Phase V - RFP CIP 22-641 Pa a 46 l�t31. r73 pg. E S� waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. 10.3.3 To the fullest -extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4 The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.6 The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner and Engineer prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. Agreement for Construction — Replacement of Various Roofs— Phase V - RFP CIP 22-641 22 - I - ---. - .Pa e,47 Vol. 3 r l Pg. _ � 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused 'death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damage's 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. Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Vol. pg. _ I (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $ 600,000 each accident $ 500,000 disease, policy limit $ 600,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) 'Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $1,000,000 each occurrence $1,000,000 aggregate (b) Property Damage: $1,000,000 each occurrence $1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: Agreement for Construction —Replacement of Various Roofs —Phase V - RFP CIP 22-641 �n_� Vol. 3 � Pg. � (a) Bodily Injury: $1,000,000 each occurrence (b) Property Damage: $1,000,000 each occurrence $ 2,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and .it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $ 100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. (d) °,Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $10,000 retention for self -insured hazards each occurrence 7. Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $ 600,000 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. I i .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. Agreement for Construction — Replacement of Various Roofs — Phase V - R" CIP 22-641 Pa a 50 Vol. 30 pg. l J 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent liability for claims which may arise from operations under the Contract. .1 Bodily Injury: $1,000,000 each occurrence $ 1,000,000 aggregate .2 Property Damage: $1,000,000 each occurrence $ 1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, .property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus Engineer fees, plus value ' of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this .Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract sum for the Work. If Owner is damaged by failure of Contractor to maintain such insurance, then Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief,, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Engineer's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Agreement for Construction— Replacement of Various Roofs — Phase V - RFP CIP 22-641 car, V. 3Y Vol. 9 pg. :5 Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attomey-in-fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.6 Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other information required by surety. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Engineer's, Owner's or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Engineer, be uncovered for the Engineer's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Engineer, Owner or governing authority has not specifically requested to examine prior to its being covered, the Engineer, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 �. va. 31 3 pg. iSc 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Engineer, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship, to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which Agreement for Constriction — Replacement of Various Roofs — Phase V - UP CIP 22-641 tragc�3 Vol. 3 Pg. 1 s� proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work., 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which Is not in accordance with the requirements of the Contract Documents„the Owner may do so -instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract 'Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County, Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for Agreement for Construction— Replacement of Various Roofs — Phase V - RFP CIP 22-64 i.In Vol. pg. s� services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act.by the Owner, Engineer or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Contractor's expense. Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Vol, -pg.�_ 13.6.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector (if any). 13.6.5 If the Engineer, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.6.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or -other forms of compensation; and selection for training, including apprenticeship. Agreement for Construction— Replacement of Various Roofs —Phase V - RFP CIP 22-64 2`5 Vol. Pg. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub — subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Pa a 57 Vol. 3 Pg. I Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 - TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if -the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons _exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in' part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. Agreement for Conshuction — Replacement of Various Roofs — Phase V - RFP CEP 22-64 t`a9U--M Vol..-r7,3--Pg..I15— 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 16.1 Engineer, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Engineer, expressed in writing, meet or exceed the characteristics of the specified items. Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Vol. Pg. l ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, In the sale of any materials, supplies or services, except on behalf of the County as an officer or employee: Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or Implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts. and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Court's approval of the Agreement as set forth In the minutes of the Court's clai---1 , 19 meeting. 20u.- fir. This Agreement is entered into in as of the day and year first written above and Is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1) to the Engineer for use in -the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS C TEXAS Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: 1ST CHOICE OMMERICAL ROOFING 1st CholbeWmwmerclal Roofing Date: -71 19 / Q Q-, Date: Agreement for Construction —Replacement of Various Roofe —Phase V-RFP CIP 22-641 Vol. 3 `�.� i�g. .1 � ATTACHMENT "A" REPLACEMENT -OF VARIOUS ROOFS - PHASE V REQUEST FOR PROPOSAL CIP 22-641 Agreement for Construction — Replacement of Various Roofs — Phase V - RFP CIP 22-641 Pa ee 61 E-Lr7 3Fig. REQUEST FOR PROPOSAL RFP NO. CIP 22-641 Replacement of Various Roofs — Phase V SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, June 14, 2022. 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Vendors, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this proposal from the issuing date of the proposal until scheduled presentations or the date the Brazos County Commissioners Court meets to consider award for the RFP. Any such contact will be grounds for rejection of the vendor's proposal. In compliance with this solicitation, the undersigned proposer having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following RFP for furnishing the material and/or services listed on the attached proposal form and agrees to deliver said items at the locations and for the prices set forth on the proposal form. Company Name: J Sf a0i 009 � By (Print): Q A e GSA nd e— 1 A S Physical Address: qq Z 1 m 2qW �x, -M -7.- Wd 2 � � Mailing Address. +ress: Awl 6 Phone ZD 3� 3� Email: re o ae j S ` ch o ;S- T 1 I Page voi. 3 93 p9. lG� Exhibit B: Bid Form Company/Firm CIP 22-641 Replacement of Various Roofs — Phase V -1.5f- Ckoie..,, Covv-eviercti4 I IC-00 A,, 1-Brazos County Precinct #3 Steep -Slope Roofine Replacement: Total Cost to provide all materials, labor etc. $ 5 % 000 Payment and Performance Bond (Cost add) $ rJ 0 Permit $ -5-a O n� Total Cost (All work, Permit, Labor + Bond) $ 55, Alternate (Add): Upgrade to Gwen-CiwW g Class IV Shingle: Unit Cost(s): Plywood: Additional layers of Felt (rn & 2rA Layer induced) Additional Layer of Shingles Wood facia / Hardy Board & Paint Gutters & Downspouts Estimated Crew Days: Manufacture declaration: OV $ J'Doo -- 32f $ s.f. $ ° 24 s.f.-Wg Q ,,4 ,tea $ .35 s.f. r !Ze_,4n P v cc.Q_ 22COO s.f. Days (excludes weather days) G A r (Name) 2-Brazos County Detention Center modular: Total Cost to provide all materials, labor etc. Payment and Performance Bond (Cost add) Permit Total Cost (All work, Permit, Labor + Bond) 00 $LJz�0o6 $ % 00 $ Y3,2..-0 Vol. 3 93 p9. lfaI Alternate (Add): Upgrade to OvvenrCarMM Class IV Shingle: $ G-AIf= � CPO Unit Cost(s): 2 5' Plywood: $ 3 s.f. Additional layers of Felt (I t & V Layer included) $ 2 0s.f. l Additional Layer of Shingles $ ' 35 s.f. ar ae''o Wood Facia / Hardy Board & Paint $ 3✓. °� s.f. Gutters & Downspouts $ D, I.f. Estimated Crew Days: .3 Days (excludes weather days) Manufacture declaration: A (Name) Manufacture Certifying Contractor: Laminate Shingle (Base Proposal) Manufacture Certifying Contractor: l�f'i-� Class IV Shingle (Base Proposal) Vol. I-L Pg. -La V. Proposal Evaluation Waiver By submitting a proposal or response, each proposers/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized STATEMENT OF AFFIRMATION Firm's Name: J-5� 6hpil-e- 611- c"4 reW I A 0 kn Address: ! q 2 F—r-i 21 -2o Q tdj 2,,0 - Proposer's Name: Position/Title: V. P G Proposer's Signature: Date: + 3j 22 �S 4e of r! Y4.54 C6U A ¢ Subscribed and sworn to me on this L day of g. A in the year a Public My Commission expires W. Addenda :e 9, a0,2/o SHELLEY STEAGALL Notary ID #131522645 April 9, 20.26 The undersigned acknowledges receipt of the following addenda issued during the time of solicitation and includes the several changes therein in this proposal. No. ! No. 2-- No. Date 3 3 f /2- Z Date /7 Date 221Page V+ i. 313 pg. 16q P. Bonding Requirements 1. All proposers must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 2. The successful proposer must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of the total contract sum within ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. Q. Proposal Submittal 1. The proposer shall submit the proposal on the forms enclosed on the Brazos County web sites. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the proposer shall state the prices. 2. If a proposal is submitted by an individual, their name must be signed by them or their duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. 3. By submitting a proposal, the proposer is stating that they have reviewed and considered the RFP, Exhibit A — Scope of Work, Site Conditions, and Specifications, Exhibit B — Bid Form, and Exhibit C — Prevailing Wage Rates. 4. By submitting a response to this RFP, the proposer is agreeing to sign the County's Standard Agreement for Construction Services. 5. The proposer must submit an original and seven (7) copies of the.proposal to Brazos County. 6. The complete proposal should include the following: a. Completed and signed RFP. b. Contractor's Qualification Statement (AIA Document A-305 or equal) i. To include similar projects of size and scope ii. To include Project Manager and Superintendent experience 17[Page vai--213— P,��o iii. To include list of available resources (Personnel and equipment no concurrently committed to another project) c. Manufacture Letter of Certification Base Proposal — A letter from the manufacture stating your firm is a certified contractor in good standing and will issue the specified Warranty/Guarantee once inspected and approved by the manufacturer. d. Company / Marketing Information: Submit any additional company background information you may feel helpful. e. Bid bond, certified check or cashier's check for 5% of the total bid amount f. Completed Exhibit B - Bid Form 7. By signing the certification below, the vendor verifies that all plans, and specifications have been reviewed and are considered in the pricing in the proposal submitted. R. List of Sub -contractors 1. Mechanical 2. Electrical 3. Carpenter 4. Equipment Supplier e�w1 joM en t Share, 5. Other 6. Other 7. Other 8. Other S. Pricing Complete Exhibit B attached and submit with the proposal. Vol.�13 Pg: 1171 E7 T. References Vendors shall provide a list of at least five (5) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Bidders are not allowed to use Brazos County as a reference. Company/Entity: Contact: P/AtA�a I1Le O111 4,vc>c i et 4-7 oan Good e� t I Phone: Email: -roy ref vJPS+ tr1�G+. Gp•M Company/Entity: R.e C� ut- C 4 o F- S4- Ja Contact: C� r i 5"�� 14 � z r Phone: ^17 1.3 " .-3 S Ll— Z 2 S` 1 Email: G �4r' W If Company/Entity: �� Contact: S �16t� r ��1 W1 01 + Phone: Z h— 2S3 — F 4 Y J Email:) of r+ �G3 Company/Entity: Contact: °1< 6412rKf C4JrG4 T"y4 Sir d- Phone: 2 t 3 20 3 6 5-o , Email: ��� i r1 60 .SDn o -< a. D re S S Ck Je-C N . to e)n Vol. 3 '� Pg. Company/Entity: EA 10Gr-ti AP+5 Contact: Phone: -71 3 — q -7q " Z 2- q Z- Email: Y2 A +-c, I i 4-j- A.e7 EVod l. �q Pg. U. V.T.C.A. Local Government Code 4262.0276 Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code §262.0276. a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non -responsive" and "not responsible", eliminating it from any further consideration of award. f. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name fi5 Title (Owner, Officer, Director, Manager, Etc.) M a r4-t ^ 21 JPage vol. ,-u c . 2 Pg. Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 3614292 FAX (979) 3614293 Addendum #1 to CIP 22-641 Replacement of Various Roofs — Phase V Issued: March 31, 2022 Change: No Change — Clarification Reason: Clarification of Pre -Proposal Meeting Time The Pre -Proposal Meeting will be at 2:00 um CST on Wednesday, June 1, 2022 in the Commissioner's Courtroom located on the first floor of the Brazos County Administration Building, 200 South Texas Ave, Bryan, Texas 77803. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: Signature: Printed Name: U244i Brazos County �* Purchasing Department 'YTy OF $4. 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 3614292 FAX (979) 3614293 Addendum #2 to CIP 22-641 Replacement of Various Roofs — Phase V Issued: June 7, 2022 Change: Adding the Pre -Proposal Sign In Sheet Reason: Requested Please see the attached pre -proposal sign in sheet. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum:--- Signature: - /t Printed Name: ,E A zn &¢ X. Certification of Proposal The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other proposer, and that the contents of this bid have not been communicated to any other proposer prior to the official opening. 6-- Signed By: Title: Vt� Typed Name: R-e-A.e- 6trj�tCLS Company Name: Mailing Address: 9q2) 7,q7-0 -' ! TX gtd-+ P.O. Box or Street City State zip t Employer Identification Number: q 7 316 lb 03 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 22-641 By signing below, Brazos County agrees that this RFP CIP 22-641 will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Court Date: Attest: Brazos County Clerk —23 i -page licl. 3Pg. � � � Y. House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam-gov), which is inclusive of the United States Treasury's Office ofForeign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: 1 s Authorized Company Representative: Address: - (q 2-1 FN Signature: j?e.,i 6 CoLnd e..n 4S 7--11 1 _TX i7377_�_ /31,4s 20 - Date: %A3 �2 z-- Contract # CIP 22-641 Replacement of Various Roofs - Phase V - -- - -- - - 24-I P-a g e I - Vol. I Pg. 1 8 The following items should be completed and included in your bid submission. Failure to inclu�!e these items will disqualify your bid. El Include ALL in Section Q �References (Section T) V.T.C.A. Local Government Code §262.0276 for Tax Verification (Section U) All Addendums (if applicable) Certification of Bid (Section X House Bill 89 & Debarment Verification (Section Y) YBid Bonds Exhibit B — Bid Form -_- �----251Page i�a..ORO® P2WLLC1301 C CERTIFICATE OF LIABILITY INSURANCE SPIELER: DATE (MM►DDIYYYII) 6/1412022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER c racT Mary Spillers PHONE No, Ext : FAX Af Nc : 866 652-9382 INSURICA TX Insurance Services Inc. 19450 State Highway 249 Suite 5510 Houston, TX 77070 E MaIL . Mary.SpI1Iers@INSURICA.com INSURgLR S AFFORDING COVERAGE NAICII INSURER A: Evanston Insurance Company 35378 INSURED INSURER B:Pro ressive County Mutual Ins. Compiny 29203 INSURER c: Texas Mutual Insurance Company 22945 P2W Investments LLC dba 1st Choice Commercial Roofing INSURER D 9421 FM 2920 Bldg 20B Tomball, TX 77375 INSURER E: INSURER Fs COVERAGES CERTIFICATE NUMBER_ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRA TYPEOFINSURANCE ADDLSUB POLICYNUMBER POLICY EFF POLICYEXP LIMITS X COMMERCIAL GENERAL LIABILrrr CLAIMS MADE OCCUR MKLV4PBC002516 4/2/2022 4/212023 EACH OCCURRENCE 1,000,00I DAMAGETORENTED 300,001 MED EXP (Any oneperson) 6,001 PERSONAL & ADV INJURY S 1,000,001 GENLAGGREGATELIMITAPPLIESPER: POLICYQJMECT LOG OTHER. GENERAL AGGREGATE 2,000,001 PRODUCTS -COMP/OPAGG $ 210001001 EMPLOYEE BENEFI 19000,001 B AUTOMOBILE LIABILITY X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS X AUTOS ONLY X NAUTOS ONLY 08259798-3 10110/2021 10/10/2022 COMBINED SINGLE LIMIT 11000,001 BODILY NJURY Perperson BODILY INJURY P racci er t BODILY OPE m DAMAGE A UMBRELLALIAB EXCESS LIAR CLAL59S-MADE MKLV4EUL103810 41212022 4/2/2023 OCCURRENCE 4,000,001 X [JOCCUR -EACH AGGREGATE $ 4,000.00, DED I I RETENTION $ C WORKERS COMPENSATION ANDEMPLOYERS' LU18R IrY ANY PROPRIETORIPARTNERSXECUnVE YIN OFF�CERRdEMgER EXCLUDED? MN (AAa Wri, In NH} ►ty�v describe under DESCRIPTION OF OPERA ONS below N /A 0002012965 4/212022 4/2/2023 X PER OTH- E.L. EACH ACCIDENT $ 1,000,00i L DISEASE - EA E PLOY 1,0(10'00 E.L DISEASE -POLICY LIMIT 1,000,001 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101. Additional Remarks Schedule, maybe attached N more space Is required) Page 2 of 2 MASTER COPY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE P" ACORD 25 (2016103) ©1988.2015 A The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: P2WLLC1D0IC MSPILLEM LOC #: 1 '4 0® ADDITIONAL REMARKS SCHEDULE _ Page 1 of 1 AGENCY NAMED INSURED INSURICA TX Insurance Services, Inc. P2W Investments LLC dba 1st Choice Commercial Roofing 9421 FM 2920 bldgg 20B POUCYNUM13ER Tomball, TX T7375 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFEC*EDATE. SEE PAGE 1 ITHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORN 25 FORM TITLE: Certificate of Liability Insurance Page 2 of 2 GENERAL LIABILITY: Blanket Additional Insured as required by written contract executed by both parties prior to loss per form CG2010 0704 and CG2037 0704 Blanket Primary and Non -Contributory per form CG2001 0413 Blanket Waiver of Subrogation Per Form MEGLO241-01 0516 WORKERS' COMPENSATION: -Blanket Waiver of Subrogation where required by written contract per form WC420304B EXCESS LIABILITY: Follow Form to Underlying General Liability, Auto and Employers Liability ACORD 101 (2008101) © 2008 AC( The ACORD name and logo are registered marks of ACORD SUBCONTRACTORNENDOR QUALIFICATION SECTION I - COMPANY HEADQUARTERS INFORMATION Federal Em' lo" er iD Number 47-316F603 Legal Name I P2W lnvestrnents;,LLC Common Name dba): 1st Choice Commercial Roofin Mailing Address: 9421'FM 2920-B1dg 20 Street Address: City, State, Zip: Tomball, TX 77375 City, State, Zip: Telephone No, wlparenthesis) 281-378-2431 Contact name: • Art Gomez Fax No. (wl arenthesis) .281-516-2277 Title! Commercial Sales www. I stchoicecommercialroof Web site , s.com E-Mail Address: art lstchoiceroofs.com Branch Offices: (Eriteryour brancli office(s) and bid contact names Indicate what region your company does, work in:* (if you mark any states that require a license you must attach the license to this form), ... . Arkansas Oklahoma `. : '® Texas North.Otfib 'Areas j F❑ _ 'Arizona' Texas.- Central Area ® Texas — SoLdh.Area . _. "Geor" is Texas == DFW Area' Texas—'W6st*ea v L ❑ .Louisiana Texas — East Other Areas ❑ 1 New- Mexico Texas- Houston Area ❑ SECTION 2:'GENERAL INFORMATION License Information (Enter your company's contractors license Information and attach a copy of the licenses'listed below Authority''Class License Number Date of Expiration Minority Business Enterprise Status: l_1 . , uisaovantage taus. U Enterprise (DBA) Histoncaiiy t3lacK Colleges/Universltie's U -Historically . - I . Underutilized Business (HUB) LJ KnorityOwned Bus Enterprise (MBE) WA L1 small Business Concern (SBA) Ll Smail blsadvantaged Business Concern (SDBE 0 Veteran Owner Business Enterprise (VOBE) ❑ f _: Woman -Owned Business Enterprise (WBE) Other: Certifying -Agency Names: 1 if you checked any of the.above cedifications,•you must supply the'certifIcate for,each. Scope•' bf worklmaterials for which you are prequali ing:, Division 7- Roofing What is;the main construction work of your compan . Roofing Material.only •❑ • Labor,only N Labor:&;Material I I . Vol. 3 r1,3 Pg. 19 L ocr•,rinKr, ewee-rV1 n11A1 1TV 11MPnRMATInN "'-- SAFETY PROFILE: OSHA Form 300A Must be Attached for the past 3 ears Do you have a written field based safes and employee safetyorientation ro ram ® Yes ❑ No Do you have a written Substance Abuse Policy? ❑ Yes ❑ Pre -Employment ment ❑ Post Incident ❑ Random ® For Cause ® No Yes Do you hold Site Safety Meetings? How often? Monthly ❑ No Do you conduct project site safety inspections? .inspections? ® Yes ❑ No If yes, who follows up on these Name and Title Nick Diaz- PM Describe safety training that supervisory or other personnel have: Basic Const Safety and problem opportunities that may arise In the last 3 years, has your company ever received a Serious, Willful, or Repeat violation El Yes under the OSHA Construction or General Industry Standards? ® No If yes, please list the OSHA Standard for which your company was cited under and if any fines were paid. -monetary Please list your company's last three years Experience Modification Rate (EMR) Current Year: .89 Last Year:.86 Two Years Aga: .93 Attach a letter indicating our last three years EMR ratings. Has your company had any fatalities in the last five years? ❑ Yes If yes, please describe the than es made to our safer policyas a result. No Quality Assurance/Quality Control: Do you have a written quality control program: ❑ Yes N No How often do you u date your quality control manual? Do you have a full time Quality Control Director? El Yes ® No Do you have an apprenticeship program? ❑ Yes ® No Do you have a tradesman training program? ❑ Yes N No Do you retain a third party inspection and testing consultant? ❑ Yes ff yes, please list the name and company. N No Do you develop and use preconstructioniconstructability plan reviews? N Yes ❑ No Do you erect sample panels and/or mock ups? N Yes ❑ No Have inspection checklists been developed? N Yes ❑ No Do you monitor delivery and source materials? N Yes ❑ No What type of effort do you make to extend protecting stored materials on -site and off -site? Deliver as needed and cover what ever we have in jobsite in a area may from consturction traffic Do you perform your own winter weather protection of installed and stored materials? .Yes if es, please explain: ❑ No Have you had any construction defect claims/litigation in the last 5 years? Yes ff yes, please explain: N No If you have had any construction defect claims, describe the changes made to your quality process. Historically, what percentage of your firm's work has been associated with the following building types and what is the average value of those contracts? % Building Type Average $ Value % Building Type Average $ Value 5 Schools High Rise Office [ Churches 10 Hotel Jails 5 Retail Renovations Lt. Industrial • 35 Multi-Famlly Res 15 Heavy Industrial 5 j Garden Style Apts _ 10. 'Hospitals 5 { High Rise Apts ( 10 Warehouses Single Family Homes Tenant Finish. ` • ". 10 Lpw Rise Office SECTION 4 - SURETY INFORMATION SECTION 5 - FINANCIAL INFORMATION Corporation ❑:/ Limited Liability Partnership ❑ / Limited Liability Company Structure.of Company: Limited Partnership ❑ / Partnership ❑ / Sole Proprietorship ❑ / Sub Cha ter S Co / Other`(s-e_describe ( Date business began: 2010 [ ( State of Incorporation or establishment: 2010 [ ( Dun & Bradstreet # ( What other names has/does this company operate(d) under? 1st Choice Roofing [ Is your company a subsidiary or affiliate of another firm? If yes, what is the parent companies name? Ist Choice Roofing Commercial ®Yes ❑ No Affach a copy of your most recent year-end financial statement I j Officers of Firm: ( President: Martin Morales, Partner & Chris Rochester, Partner, I Vice President: I CFO/Controller-. ( Number of Office Employees: 8 Number of Field Employees: 15 [ I Name_of person in your company who can answer specific,questions regarding your financials ( Name: Ait iGomez ['Phone Number: 811-996-0544 [ ] Email: art@lstchoiceroofs.com I [ ( Owner's Name I Martin Morales ( Percentage of Ownership (50 Vol. `73 Pg. l Owner's Name Chris Rochester Percentage of Ownership 50 Owner's Name Percentage of Ownershl Owner's Name Percentage of Ownership List Bank Reference: (Use a separate sheet for additional references) Name of Banking Company: Wood Forest Bank Primary Account#: Address: State wide City, State, Zip Contact Name: Sonja McCain Title: Vice President Phone No.832-375-2878 Email: Primary Bank Relationship Officer Sonja McCain Line of credit Amount? Liquid Available Amount Available: $ Contractor hereby authorizes its primary bank relationship officer to release information requested by Jordan Foster Construction LLC as part of its financial due diligence process. Authorized Company Officer Signature: Date SECTION 6 — LITIGATION 1. Is there any current litigation with Owners or General Contractors? Yes ❑ No If yes, please enter a brief description 2. Have there been any Judgments against your firm in the last year? Yes ❑ No If yes, please enter a brief description 3. Are any Principals of your company currently involved in any litigation? Yes ❑ No If ye6, please enter a brief description 4. Have you paid any liquidated damages within the last 5 years? Yes[] No If yes, please enter a brief description : 5. Have you had any labor law violations with last 5 years? Yes ❑ No If yes, please enter a brief description 6. Have you ever defaulted on a contract? Yes ❑ No If yes, please enter a brief description 7. Has your organization ever defaulted to cause loss to a Surety? Yes ❑ No If yes, please enter a brief description 8. Have you ever failed to complete a contract(work? Yes ❑ No If yes, please enter a brief description 9. Have you ever been terminated from a contract? Yes ❑ No If yes, please enter a brief description 10. Have you ever had any of your licenses revoked or suspended? Yes ❑ No o6. 317 pg. I ��. ProjectName P&B Testing Owner P&B Testing Architect General Contractor GC contact name & phone number DeanBimeler 713-290-8490 Contract Amount 70,795 Percentage complete (your scope) 75% Percentage of subcontracted work 75% Scheduled completion date 4/12/18 Location of project 6645 W Tidwell, Houston, TX 77092 Project Name 5900-5934 S Loop E- Phase 1 Owner Turk Investments LLC Architect General Contractor GC contact name & phone number Sylvia Rivas Contract Amount 148,492 Percentage complete (your scope) 0% Percentage of subcontracted work 75% Scheduled completion date 5131/18 Location of project 5900 S Loop E, Houston TX 77033 Owner Architect General Contractor GC contact name & phone number Contract Amount Percentage complete (your scope) Percentage of subcontracted work Scheduled completion date Location of project SWBC Kingwood . Cross Architects, PLLC Jordan Foster Construction Biad Waters 210 375-1260 556,925.00 0% 75% 11/1/18 Texas Vol. J3— P9•� List 3 major projects your organization has c6m616 edfor the scope of work for which you are prequa[ifying. Provide the following information for each project Project Name Siericycle Office & Warehouse Owner Stericycle Architect General Contractor GC contact name. & phone number David Pitt 936-444-3621 Contract Amount 106,896 Percentage complete (your scope) 1000/o Percentage of subcontracted work 50% Scheduled completion date 1126/18 Location of project 8950 Conroe Park North Dr, Conroe TX 77303 Project Name Home2Suites Owner Architect General Contractor Omni Construction GC contact name & phone number Roger Pahorsky 216-287-4834 Contract Amount 128,960 Percentage complete (your scope) 100% Percentage of subcontracted work 100% Scheduled completion date 10/1/17 Location of project Hardy Rd, Houston TX Project Name 6104- 6122 Evergreen St Owner Turk Investments LLC Architect General Contractor GC contact name & phone number Sylvia Rivas 713-772-3727 Contract Amount 87,904 Percentage complete (your scope) 100% Percentage of subcontracted work 0% Scheduled completion date 2/31/18 Location of project 5900 S loop E. , Houston TX 77081 EVol]� �P9• I g rI 11/08/2021 1st Choice Roofing & Construction 9421 FM 2920 Rd Bldg 20 Tomball, TX 77375 GAF ID: 1123483 RE: CCP Residential Certification - Master Elite —1st Choice Roofing & Construction- Tomball, TX To whom it may concern: This is to confirm that 1st Choice Roofing & Construction is approved as a GAF Master Elite Roofing Contractor through September 2022. 1st Choice Roofing & Construction is certified in the following States: • TX 1st Choice Roofing & Construction is able to offer the following GAF Warranties and Guarantees through September 2022: Weather Stopper Golden Pledge® Limited Warranty • Weather Stopper® Silver Pledge Limited Warranty • Weather Stopper° System Plus Ltd Warranty Sincerely Bobby Fischer VP, Contractor Programs, GAF E . 3 rl Pg• 18$ 45j = FREDERICK KERBY .i• }-.: Management EDUCATION Champions School of Real Estate 2011-2012 154-Hour Residential Real Estate Appraiser Houston Community College General Coursework-1998 Windom High School Graduation- 1985 `' .:, • WORK EXPERIENCE `(832) 2-7.1=9453 • �> : ; • . - . V Choice Roofing and Construction- Project Manager September 2013- Present t t • Mentor and train employees �fkerby6��y_atioo: coma �',:' • Maximize sales and measure sales performance. ,,•;tom::_. • Build effective marketing and merchandising strategies to achieve sales targets. Houston,.TX, _ , = , : .: ` ' .. • Conduct presentations to reassure clients of the materials = - and demonstrate the processes of construction. SKILI;S'. f. ° • Establish and maintain relationships with clients for '•Projed,lfariagemerit future endeavors. .r. Customer:Service �, Plan and supervise all aspects of projects to ensure � t 1VIarketing :: t yT Y ° `' efficiency. Sales"�' ' • Organize project meetings and. communicate project ,,�. •� Education Traiuirig'"' design, specification, and installation process. ;and Ailonitoing • Efficiently maintain time management on projects to :Critical Thinking ensure projects are completed on time. Leadersliip • ` y • Ordering supplies that will be needed for future projects. r:,:•- Microsoft:Office ;'; :: • Provide valuable safety trainings before work. .. :Safety.{' • :r.};r,� Johnson Valuations Residential Appraiser a` x September 2011 August 2013 'F REFEREI�TCES _ ' .°4 /' 4= • Prepared typed appraisal reports start to finish using Cory Mtilarski` s':' `, ti. SFREP and SketchIt software for single-family •Robert McKnight residences, condos, and multifamily properties up to 4 :'Trip `Cook :'° units. • Researched properties on MLS and HAR to determine zoning, gross living area, lot size, total square footage, room count, and characteristics that impact market value. • Determined an estimated market value using the sales comparison approach by researching comparable sales and making appropriate adjustments in the sales grid appraisal form. • Provide mentoring, training, and support to the work team • Ability to meet unexpected demands by using skills such as problem -solving and time management techniques. Maintain record keeping. • Maintained state requirements for operation. • Maintaining a monthly budget. • Hiring appropriately and affectingly Reliance Contractors- Business Owner, Director of Operations February 2002 — June 2011 • Provide .customer service. • Respond to customer inquiries and unique demands. • Direct and train employees engaging in sales. • Negotiate vendor pricing to increase gross margins and construction financial oversight. • Keep records of deposits, purchases, sales, and requisitions. • Enforce safety, health, and security rules. • Kept operational overhead to a minimum by utilizing a portfolio and sample product to show the latest trends. • Reviewed building specifications and prepared permitted Contracts. Vol. P9• Iry of A�It ITY qo Ml'hnlR] P&C 877 282.1625 , 225 South Fifth Street Bonds 80.6 933, 7444. PO Sax 2083 Waco, Texas, 76702.2683 June 13, 2022 RE: 1st Choice Roofing To whom -it may concern: We are pleased to have the opportunity to recommend 1st Choice Roofing to. -you. Single bonds of $1,500,000 have been approved, 'with an aggregate bonded work program of $3,060,000. All normal. underwriting checks have confirmed-lst Choice Roofing to be a contractor of the highest quality. All work references have indicated that 1st Choice Roofing:has pefforined- as'agreed and within the specified time. We should be able to handle any reasonable bond request.by 1st Choice Roofing subject to our -underwriting guidelines and the execution of a. contract mutually agreeable to ail parties. This would include a bid to -the Brazos County Purchasing Department for the Replacement of Various Roofs - Phase V. We ask ihat•you give 1st Choice Roofing every consideration, and if you need additional information, please do not hesitate to call me at 254-759-3830. Insurors Indemnity Company is AM Best rated A-, Category A Insurors Indemnity Company has reinsurance- through Munich- Reinsurance America, Inc. (AM Best rated A+, Category. XV). Sincerely, Somers W. Goodman Vice President' inSLI rorsirrd<rnnity. co m Vol. �' Pg. I CIP 22-636 JP/Constable Precinct 1 Building — Best and Final Offer Due Friday, June 10, 2022 -- 2:00 PM CST Finn's Name: 1. Pricing for all materials and work included in the base proposal: $ ���� 0 a. Pricing in word format: @ V tom! e 4rE I. 2. Time to substantially complete (99%) proposed work: S calendar days a. Total Number of days in word format: Ft v t�) S,' ve dzt � 3. From substantial completion, final completion will be attained in: 2 calendar days a. Total Number of days in word format: � .v A & v -5 4. From award by Commissioners' Court and receipt of a purchase order, respondent can begin work in 10 calendar days. a. Number of days in word format: e n days. 5. Alternate Prices: 0-S a. Alternate Price No l: 51 a b. Alternate Price No 2: J c. Alternate Price No 3: 5. Pricing for all materials and work including all three Alternates: $ 06110 0 (�i �c S I � , a. Pricing in word format: e 64 f `J_ S' � �s --�/ �5eye-n jh a r b. Additional time required for all three Alternates: Vol. TI 3 Pg. 6. %at do you consider your longest lead times for this project? a. Do you anticipate these. lead times will affect your final schedule? 1/ C) * All Terms & Conditions of the RFP & Addenda apply to this Best and Final Offer. * Proposer's Name: �ei e, Cr--�dc4 4 S Position/Title: V. �" '- Proposer's Signature: Date: Vol. P�. COPIER MAINTENAT CE. - :SERVICE• CONTRACT `-:BRAZOS COUNTY'PURCHASING�DEPT. 00 S: Texas -Ave.; Ste. 352 _ Contr ct No. 23-006 an, Texas -Texas - _ ._ Page B1- of 11 Pages " Telephone (979) 361-4292 . GENERAL:<RE UIIZEMEIoTT°FOR CONTRACT " - s::TecFinology Corparatioii 1, 11fl1e Garza dba Xerox Business Solution&'Southwest B0 as•a duly authorized representative'of - "Contractor" villingly;attest:to perform (or delYver)`as.per Exhibit ;A for._Brazos County:: T further agree to all of the provisions and spectficat>on§ contained in this contract. TERM .'The. term of;this .contract will be foie :one° (1) year, 1)Vnnmg,October 1,: 2422 through Septemi�er TES - - GES:�A ---PREVATLING WA i lo.For:followin call- provisions: of ChapteT_2258 of.;the Government The -'Contractor` shall be respons b _. • g .:.. p. _ n :. Code relating'to the_ paynierit of prevailing :wages::The..wage xates ao be used. are included: in Exhibit,B;' = attached. A :Contractor or subcontractor wh6 violates this section shall: pay .Brazos Couaty160'for each worker employed°for each calendar day. or part cffihe=day the i►orker is -pa d less° than the wage xates.: . stipulated in Exhibit B.. ::.ASSIGNMENT . = _ "The sticcessfitl offeror may not assign,; sell or, otherwise transfer this contract without, written perinissioii :- : - f Brazos- County= Commissioners' Court::Should t iere- be:,a change in ownership or management, the -contract shall:,lie terminated unless a.miutual agreement is: reached withal e' new owner' or manager to = :: ":.eontinue .t.he cantr:act with ts.present provisions and pr-ices. A. WARD : . :Brazos _Comity reserves :theaxight to award this .contract ;on the basis. of LOWEST'_AND $EST OFFF�Z ><n accordance with the.laws Fof.the Stateof-Texas, to waive any forinality'or >!rregularity, to _make. awards to, :; ..- more _than .one'.offeror; ,to-rejecf aiiy.:or.:all- bids The County reserves the right fo, accept or rej ect m part or in whole, any IQs ubmitted, and to waive any ;technicalities:%r the best-IntereCounty,'' of BIDDERS _RESPONSIBILITY It is the bidder's sole responsibility .to .print .and -preview 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, Vendbz Tax Identificatibii_ riumber.•and. signed by -an authorized•: representative of ilie,"fnn. Failure to provide-signature,ou: the_-. ;.: Certification of Bid Foam renders bid:no '-responsive. Failure to complete the s6niissiowdf;all required: forms; including but not-1irriited to the Referencd, PNge, House° Bill 89 & Debarment Verification for.m,._- = Questionnaires (when applicable), Addenda (including revised; forms), and ;any other specifior ed'forms _ Contract No. 23-006 BRAZOS COUNTY, TEXAS Page 2 of II'Pages documents may be grounds. for rejddon bf entire bid. By submitting a response to this solicitation; the bidder agrees to comply with I-M 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 hops://6thicsistate.tx.us/wliatsnew/elf info_form1295.htm 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. 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. 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;Wand maintain, with respect. to the subject matter..of this :bid, appropriate insurance coverage including; -as a 'minimum, ptiblic- liability_�.and prope'r' ,damage with adequate limits to cover _contractor's ; liability as `may ' arise directly or' indirectly from work performed under terms of this contract. Certificationof 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 shai 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 strticturaI changes to ari'existing facility that impacts the contractor's cost in providing the ser<�ices anticipated bythis contract such change may be treated as a new'facility and. the procedures .provided for in -this section i aay 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. Contract No.'23-006 BRAZOS COUNTY, TEXAS Page 3 of 1 I Pages In,Ahe event Brazos County shall sell; wacate,..abandori, or otherwise dispose :or -terminate a 'Iodation,,to which the contract, applies;; all.existing, contracts fort cervices ,a plicabf a to such�'location `the portion :of'..': this contract":that applies:,to,'suchloeatioils is terrhinated.: All remaining;portions.:of:the"0ontract will.: remain. intact:. Brazos County :will endeavor to give; the contractor written notice of su h'termination of locations.a minimum.of thirty (30) days in advance: SVBCONTI ACTING ; Any subcontracting must'be approved, prior to commencement of the Contract.by Brazos County,, ' 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 pu chase' release" after' . each delivery.; indicating:,:t e purchase order. number: Invoices must be tetnized. Ann invoice, which'. cannot be verified by the contract., price and%or ,is' : otherwise:; �inconect; s1ia11 be 'corrected by.. the contractor, Brazos County will only, be, required tp: pay.'for materials actually.:received and/or services' actually provided. Brazos'County. shall not be required to pay fot,materials:,..or,services described in.the contract - that .are , not. used .or provided..,by. tlie;' contractor ; in completion of the contract: 'This terib supersedes any contradicting terms throughout `the contract and%ar any attachnlents. When multiple .,deliverres' and/or.,services are required, the contractor may invoice following :each delivery or,pe' rmance.of service aiid.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 a4nonthly basis only. the contractor will':pro�ide an invoice for. each month m,,which Brazos. County is,responsible.for Payment, during the duration of. the •contract ..Prior•':to ' any and all payments made for .goods Arid/or . services provided under." this.: contrae£; the contractor- should', provide their �'17axpayer Identification Number :or' Social Security number :asapplicable.:This- infarniation. must be ;on, -file with.,*azos. County. Auditor's o ffee. Failure ..to provide this information; may" resuliin �i delay`s, in; payment ,and/or. back-up . -withholding as required by the Internal iR, venue Service. PRICING 'Prices for all:`goods and/or. services -shall-'be -firm; for the duration of this- contract and' shall bc`stated; on the Pricing/Delivery Information form.*PAces.shall: bb all.inclusive: No,.p'"rice changes; -additions; or. subsequent .qualifications will be'lronored, 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 exteii.ded. pricing differ, unit pricing prevails. TAXES ` : Brazos County:. is exempt£tom all Tederal excise; .state and: local. taxes 'utloss otherwise; stated. ri:=ahis . . contract. Brazos Countyclaims .exemption from ...all sales and/or use taxes: under "Texas Tax Code §1.51.309, as.-ariiended. Tcxas.Limited Sees Tax Ekemption Certiticates,will ,be'fiiniisi ed upon wriiten+ request to Brazos County 'Purehasing Ageiit.. vol.-I-13 Pg. —' BRAZOS COUNTY, TEXAS Contract •No. 23-006 Page 4of 11 Pages GOVERNING'FORMS 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, pirovisions, arid; specifications of this contract And any other terms, conditions; provisions, and specifications provided by the contractor;,the terms of -this contract -shall supersede. ; G'QVERNING LAW AND.V.ENUE ; This'bid'solicitation is governed by tlie:laws of the State of Texas, specifically;'the-competitive bids rig ret�uii�ements of the.;Courty .Purchasing' Act,: Texa's ;Local1. Governmerit:.Code, _.262.02 :1` ed seq., 'as amended. Offerors shall;:comply' with all. plicAb'1� federal; :'state and local .laws and regulations.., Offeror is further adyised°that'these;requirements.shall be;fitlly governed; y the laws:a..the State .-Texas and that'Brazos County "may ieguest and rely on_ advice; decisions acid 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.p9riod.:The disclosure. questionnaire must be fled-with'the.F3razos County Clerk. Red r to Texas Local Government Code; Chapter 176. for the detail's_ of .this law; Bidder. understands -that- razos County.' is a ..govertim.ent subject to Texas State- and Federal. public information statutes. Venup,.Aall lie exclusively in BrazosCounty.; Texas, notwithstanding anything to'the,contrary. ; COMPLIANCE WITH :LAW ;. The Contractor's work and materials shall comply with- all. state.and federal laws, municipal ordinances, regulations, acid .d rections`'af inspectors -appointed by.proper authorities having jurisdiction: The Contractor_ .shall ' perfoxm and. require: all "subcontractors. ta; .perform the ,work in -accordance with applicable laws, codes, ordinances, and. regulati'oris `of the State of Texas ' and ;the United States' and in compliance with OSHA and other•.laws,,as. they :'apply to its :employees:: , Ici the event 'any of' .conditions of the specifications violateihl code foi gq industry .thon.such code conditions shall prevail;;: The.Contractor `shall .follow all.appli cab le�state,and`:�federal caws; muriicipal'.ordinances;"and ,guidelines concerning soil erosion and sediment control throughout the Project and warranty term DISQUALIFICATION °OF ,QFFEROR .. Upon signing this contract,, an offeror offering to'sell supplie , materials;. services, or equipment :to Brazos County certifios that the offeror has not violated the antitrust laws. of'this state .codified iri .Te�tas Business and Commerce -"Code §15.0:1; et seq., as-aniended, or:.the federal arititrtist laws, and has trot communicated directly or indirectly the bid made to any competitor oi• ariy other person engaged in suc11 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 Agerit, BRAZOSCOUNTY, TEXAS Contract No. 23-006 Page 5 of 11 Pages SEVERABILITY If any section, subsection,sparagraph, 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 bean established supplier of the item bid. TERMINATION Brazos County reserves the might 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 thd. 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 REQUIRE, MENTS 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 compames.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 LiabilitjInsurance with a $ 1,000;000 Combined -Single Limit. The policy shall be on the Comprehensive' General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as 'an additional insured. Waiver of subrogation is required. No claims made policies will be acceptable without prior approval by the Commissioners Court/Risk Man ernent. (3) Automobile Public Liability Insurance with.a $1,000,000 Combined Single Limit, in all self - Vol. 3113 pg. l BRAZOS COUNTY, TEXAS Contract ,No. 23-006 Page 6 of 11 Pages propelled vehicles used in connection with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished -to Brazos County shallcontain a provision that coverage under such policies shall not be canceled or materially, changed until at least 30 -das prior written notice .has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutorylimitations 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 (cpllectively, '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 equipment. Nothing in the contract shall be construed as making. Brazos County responsible for wages; materials, logistical support, equipment; -and related travel expenses incurred by the contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself,, officers, .employees, agents, -and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos -County does not assume civil liability under any theory of law for the actions of the contractor in 'providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following. addresses: BRAZOS COUNTY-., Brazos County, Texas Duane Peters, Brazos County .fudge 200 South Texas Avenue, Suite 352 Bryan, Texas 77803 g. `�� qq ®1, Contraet 7So.-23-006 BRAZUS"COiiNT'Y, TEXAS' Page !,Of 1_I.Pages CONT-RACT4R: Sales Contracf Name: Phone. Number: Billing:-hfo: Copier- Maintenance Service Contract 2.10'805-8200 :DAH=AP@xeroz.c'om TISCAII UNDING CLAUSE `Notwithstanding any provisions contained ,hereiai ,.the..obligaiioiis of.'Wazos-Cotintyaare 'expressly contingent upon the availability of funding for. he. obligations containe&'b6r6in •foi•-ahe term of.the: contract and -any :extensions and xenewals .thereto:.::: = WAIVERS No. waiver by- either party--hereto`of Any -term. or 'coed tion of this:: -contract shall:, be. deemed or construed to be a waiver -of. py other. -term or condition i subsequent waiver of:_tfiesame-term--or condition. = " -ENTIRE CONTRACT This contract represents the -.entire and integrated agreement betviween-,Brazos County 'and, the contractor and=supersedes all prior. negotiations, representatons,.or contracts, either.,written or oral.."ffiis:.contract. - niayonly beamended by written° instrument approved ,and executed by. the parties. AVAILABILITY AND RETENTION:OF BE' C0)2DS All records relating to -the service provided under ihis:contract and supporting docurrieritation 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':enforceme.nt offcials). and.. agencies of the United States Government. Such records shall be returned- by contractor and -..made. available forany time periodrequired by. state or. e'deral law., if changes occur. in"the governing'state,or .- federal -law; regarding retention records; contractor shall comply with :such . changes:: If -an audit "I's initiated Before the expiration- of such time periods.required- by state -or federal laiv regarding retentton,:of records- the. contractor Aall retain such records ;until the audit; is concluded and all issues=iesolve`d: -, ;Contractor.shall .provide Brazos, County; with copies'of such audits -that be conducted- with respect to :tle._ , -contract "The_ requirements-.gf ,Subchapter J, Chapter 552, Government. Code, may. apply to_ this contract and, the .contractor?".or. vendor .agrees.;ahat the corifract::can:.b: terminated- if the. contractor or vendor, ' knowingly or iritentlonally fails to comply wi#h a regtiiiemeht of that subchapter. ; YT}iis provision;:is . mandatory and may not be altered.or deleted; as rcaWred by Sec. 552.37�(b) of the Texas Government- Code. AUDIT RESPONSIBILTY The contractor shall be responsible for receiving, replying to and/or. complying with any' audit" exception , by appropriate federal, state -or local -audit. directly related to the provision of this contracf. Pg.. Contract No. 23-006 BRAZOS COUNTY, TEXAS Page.-8 of 11 Pages 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 ly or in consequence of any nac negligence in safeguarding the work, of rough the use of unacceptable materials in constriction of-tiie work, or by or • on account of any -act. of oinission, "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��irtue 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 hafmleess 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 ofl'icers,_ agents or employees. Vol. _. Pg: ?6 � • Contraet No. 23-006 Page 9 of 11 Pages BRAZOS COUNTY, TEXAS V.T.C,A.'LOCAL GOVERNMENT CODE §262.0276 THIS SECTION MUST BE CONII'LETED. FAILURE TO COMPLETE THIS SECTION WILL DISQUALIFY THE BID. .Brazos County shall refuse to enter into a contriiet or* other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code §262.0276' a. This refusal to award a contract to or enter into a transaction with a person, pertains, to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation, -nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into,a contract or other transacfion.:witil the County' requiririg;approval by the Commissioner's Court;' C. "Debt shall include delinquent -taxes; fines, ,fees, or del inquencies.arisng from written agreements with the •County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any "debt" as defined above, that is reflected on the statement of account; will be, documented and placed in the bid file. The bid or proposal from the person with• the debt shall be considered "non- ble", eliminating it from any'f irther consideration of, award, responsive" and "not responsi f. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by'a "person" indebted to'the County. Please list all the names of the individuals'that have ownership, officers, managers, and board of directors that you. have associated with your entity below. Contract Noy 23.006 :>'. . BRAZOS COUNTY,'TFXAS Ru c'10 of 11 Pages Legislative Certifications ' ' • Brazos County' is f�dernlly madddtetho'.adhdroao:thc directiotis•'provided in the:Pr..esident's Executive Order :.(GO) 13224, Execntivo 'Order on Terrorist •Financing- •=. Blocking Property and `Prahil%lting I'raitsactioits'.Vitith'Qersons. Who Coinmit,'Thrcaten to Comtnit,.or;support-Terrorism:, effective 9/24/2001 and any subsequdnt changes; ihade - to ' it • viii `cross-referencing, respondents/veri'd'ors with the 'Federal Qeneral Services Administration's Excluded Purtica.List System'(tPLS, https:/AvWw.sam.&ov), which is ' .inelusive of'tlis. United States Treasury's O Rice of: F6rdign-Asse6, Control (OFAC);Spgcially Designated ' : National (SUN) list, 'Respoddent•certifies that;ahe desponding ,d tity and its principals ,are eligibl participate. in' this transaction, and. have, " , bdon sbbjected 'to suspension, debarment, or snnilar ineligibility_;de eimmcd by dny federal,. stsitC',or local.jovernmpnial entity and tfiat,:Riespondtint ►s in cofipliance:with.th'c'Stete of Texas statates and:r�les,relatmg to:a rocurementdrnd that'Rospondont is`not Misted on tho:'fedcral governiri nt's ldiroristp .watch, listAs desodbe i in Exequfive':Order.,13224 Entities ineligibld for federal; procurcnicnt'aro listed ac htitps:/Avww.satn,gov '. ::. The undersigned. nicros..tlie`non=debarment stsitement above,, tl}�t, They -are :du y aut►iorized executo'this contract ": •.. - . �: ; The. eompanyirdpresentativc'below further affirms, that the coinptipy subtnittiitsrig flprapasal, finder ,lie. provisions ofStibtitle F, Title'1:0,, Government CodF Chapter 2270,' ` l . Does not boycott Israel currently; and ' 2. Will not boycott Israel during the, torni of the contract: 'Pursuant to; Scction 2270.001'and. 2274.002 Texas-Goverriment Code: 1. "Boycott Israel"'. -means refusing''to deal with,. terminating busin60 activities with, 'or otherwise taking any action that Is'intended •to ponalize; inflict ccon6mic harm on; or limit coinmet•chil relations specifically avitti Israel, or with a person' or. entity doing business in Israel or in arty Israeli -controlled territory, but does not include an action made -or ordinary fusiness purposes; and 2. ' "Company" means'a : for -profit sale.• proprietorship, „organization; • association, corpotation, partnership, joint venture, limited"partnership, Iimlled,liability partnership; •or'iny limited liability company; including a wh0lly.owiie0 subsidiary, majority-owned'subsidiary;•paren.t company'or affiliate of those entitics•or business associations that exist to•make a profit; 3;. # respondent is;.rrquircd to makc1 a �verif bution pursuant to Sectlan.2274;002" of the Texas G'overntnent Code; Respondent verifies that Respondent. does not boycott energy.:companies find, will not boycotti energy cbmpontes'during tic term of the Contrite, If. Respondent; doe$ not mnkc that'ucrification;. Respoti'dent• must"so indicate in its Rdspeiise and'.state, why the ;certification is not reijuired; ' Company Name; Dahill Office Technology Corporation does Xerox Business Sofutions;Southwest . , . Authorized Compnriy Representative: Bonnie Garza�^ • . • ; Address:_8200 IH-10' West; Ste 400• .. la San Antonio, TX 78230 Signature• (E. Dnte: 8/4/2022 ... ' i 23.006'- • • Contract �. Contract No. 23-006 BRAZOS COUNTY, TEXAS Pagel 1 of 1 t Pages The'following items should bc'compieteil and inchfile•'il'In your bid subrhissloa. Fallure-to include these.- _ items will disqualify your bid. O , Y.T.C.A. Local Government Code §262.0276'for Tax Verification (PAGE 9) b Legislative Certifications (PAGE 10) C1 Certification afBid (PAGEMI).. CERTIFICATION OF BID The undersigned further affirms -the. non -debarment. statement .above, that they aro 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 nny other vendor prior to the official opening of this bid. Signed By: °�"�� Title: VP of Strategic Accounts Typed Name: Bonnie Garza Dahill Office Technology Corporation' Company Name: dba Xerox Business Solutions Southwest Phone Number: 21'0-805-8200 _- --Email Address: bonnie.garza@xerox.com Mailing Address: PO Box 205354, Oailas, Texas 75320-5354 'P.O. Box or Street City State . ' lip . Employer Identification Number: 58-2481442 D pprove Coinmisss ner ' Court on this, '.tray of AL' $,(."'7 2022 by-- ing the position ofd Vol. -3 Pg. Z()� Wrloged. Dot. umerit'Services Agreement Shadedtreasfor In-house use -dnly Business Solutions Southlhms jV Ma's NEW lag :101f X Name!. BRAWS -COUNTY N aAn- e-: BRAZOSCOUNTY 'Address: Address- 200 SQJM TEXAS.AVE, SUITE $52 20Mkii:1111 T-EXVS"AVE,SUIT'8-352 -tity/st6te/Z.101count 'y City/St6te/ jcqu1jtV Zip EAYAN,'TX 77803 6�_Y*JkT7803. tbrlta-cr sUMMEPbUBEG Phone:, 979wW-4294 'COhthtt:' `60MMER DUBEC Phohe. 979-3614294 Hours of Operation: Email address: 'Email address: SDUBtftBWOOWUN7Y.0110 S10111303-613 � _ R�OSTMUNTY.0RG V f 0 .SPEdAL-"lNSTRUCTlQWS: PRICING PER CHOICE PARTNER COOP CONTRACT #211031KN70. OVERAGESQUARTERLY..STAPLES INCLUDED. REPLACES CN34245-01 P �1. P , k 0X 2N", g MI_Rk u Win _wo.qr, n hides scrvAypL pypgLqMiiap1e Fldt Rate Pools Office A3 Office A4 Intluditcl Pages ladudeq Pages-(OA3) Cost Per Copy.(CPC) 0AFP. I3&W-CostPerCopy ❑ MPS %WlCost Per -Copy Colcif!,C6sl Pet Copy- - -Color CostPer.Cbpy m6lurrie Basdd 175:000, Overage .0-06 Cjilo. Allow 15-00 UtQ4, El MFP- 99WAllowance ance Overage 0 MPS B&W AlloWaWce. Overage-. -Color Aillowante Ove-rage l6rAildWand' .0 000 11 -OPO B&W Allowance jMrage -Overage Unlimited .Prograrn'(A4) UnIffnit6d B&W Unlimited B&W' udimitetf.121M (Single User) 9 of Units (Work Group A) 9 of Units (Work,G ro0pr B) Wof"Uhits Production Pools Color KW -Allowance Overage 13&W,(PBW,) Allowance. Overage •(PC) Color Allowance Overage Specialty Flhisping (SF) PROGRAM MONTHLY BASE: - Term: 1'2 MonthIV SeNtice Me:- 0 Included InLease Agreement CJ .811libie 'MontfitV 11650;00 iAm Gostamer• Signature: � ODate,lt, Title Date C'-DditA0MOV9- r I-SighatUre- Date; .-N VaVallable Vol. 3 --Pg.- 08-002-0621 0-? 6d '10A hmml 17: ima"111107TIT, mt WOEMENWIMIlum - EXCAmmam 1! 1 CA LA! I L tA R•1rCI 11 wrl t 1:1 -A 4: 1 ka ki: I Ll),.& I I "77M MEWMI-a PE-M, M ff M=S.M�01.7val 971T=wm MMUMTS"A wllr:=Wm •Wr"777ARTM�111-JI.CM Effri-MMUMM MMUM-7,779TEMMM. =a, NIMM�� wm�,Irllzl 70, �,,, MMOTM�� Imm 11 L-03" Ift" me, 14 c I L"S 1. 7 ill! 1): AM W77"S= 3M Ir- =MT77MMIM M -IMP -Mv M37 7MII��� Wrf"Mr"r MIPMMZTMMM��� kUIFhlAki--c-L'(( WA 0 M -M7ff7;VTIK-T%"MT •T4 MF07mrm W 2",r.7 = - MvFKN—V7*M7sT MMIMW— Wrll"Mmlm�'T-131-1�� I ®77),V.Ml riq • Mil, A SMITIM WrIT.TM a,= M, M, WMIMUMMINNOMIXT-7m: IMINIMMEMEMETTM WTMM570�,1773:1-1 ffm�mvml WA:i4L-'l1XWO-A:cjMi WTSMEIWIMM. 'Istir; M. T odx-414unol jql -sozp :o rtr7T4TWIMMt",,l- ff?T"A Em Immommoff'rill.m.. -rAr#L*,Cf,XT&V-J:CIILillIF3���--- FZT.WRWM�7M.,M r7m .. �ATA-Xi:1 MR uonuala josuuadnq �WMTWNWMM Fla WiT �10 Elm Exhibit B THE TEXAS A&M UNIVERSITY SYSTEM 301 Tarrow Street, Tad Floor College Station, Texas 77840 Minimum Prevailing Wage Rate County: Brazos CLASSIFICATION ' . RATE' ..,NOTES Acoustic Ceiling Installer 15.7.3 Asbestos Abatement Worker 13.06 Carpenter 15.95 Concrete -.Pour and Finish 15.39 Crane Operator 26.40 Driver. 14A7 Drywall Installer 16.20 Electrician - Journeyman 25.70 Electrician -Apprentice . 20.35 Elevator Mechanic - Journeyman 55.83 Elevator Mechanic - Apprentice 48.1q Fire Protection -Controls 17.72 Fire Protection - Pipefitter 20.61 Formwork Builder 1.4.58 Glazier 17.69 I-iVAC - Journeyman 25.09 HVAC - Apprentice 15.81 I-IVAC - Controls 21.80 Insulator 16.01 Ironworker 17.42 Laborer/Helper 12.73 Mason 19.13 Equipment -Operator -- Light -14.97 Equipment Operator- Heavy 16.76 Painter 13.1$ Pipefitter - Journeyman 32.50 Pipeftter - Apprentice . 19.35 Plasterer 15.51 Plumber - Journeyman 30.74 Plumber --Apprentice • 20.32 w _ Reinforcing Steel Worker 15.78 Roofer 19.94 Stone Mason 18.12 Terrazzo .Installer 13.08 Tile Setter 15.73 Waterproofer 14.91' Notc: Listcd minimum prevailing wage rate is the base liourly wage rate including fringcs. Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: August 23, 2022 BID NUMBER: 23-021 TITLE: Stall Shavings and Pellets REQUESTING DEPARTMENT: APPROVAL SIGNATURE: Peters, County Judge DATE APPROVED: AuG urT c2 31 a0 oq2, t Deer Oaks EAP Services Agreement This Employee Assistance Program Services Agreement (the "Agreement") is made and entered into effective January 1, 2023 by and between Brazos County, hereinafter referred to as °Employe' and Deer Oaks EAP Services, a Limited Liability Company, hereinafter referred to as "Company". WHEREAS, the Employer desires to'retain a contractor to provide an Employee Assistance Program ("EAP"); WHEREAS, Employer solicited requests for qualifications for said EAP; and WHEREAS, Company submitted a proposal which Employer has selected. NOW, THEREFORE, in consideration of the mutual covenants set out herein, the parties hereto agree as follows: 1. Scope of Work and Services. In consideration for the 'per employee per month" fee described in Section 2 below, Company agrees to provide to Employer's employees and their dependents, and anyone residing in their household (collectively, "participants") all the services described in this Agreement, and in Company's proposal to Employer, including, but not limited to, the services described below. a. Eligibility: All employees, dependents, and household members with the exception of minors (this exception will be detailed in Section d.) are eligible to access the EAP starting on day one of the contract regardless of whether they are or are not covered under other mental health service plans. Eligibility is based on the attestation of the member. Employees who terminate their employment for any reason will have continued access to the EAP for six (6) months post - employment. Retirees, who retire with the Brazos County during the term of this agreement, will have continued access to the EAP for six (6) months post retirement. b. Intake (Telephonic Triage): This service will be immediately available during regular business (8am to 8pm CST) hours and in emergency situations via the 24-hour, 7 days a week emergency on -call system. Basic demographic information will be gathered. Brazos County needs will be assessed. Those in crisis will be connected to a counselor. c. Initial Diagnostic Assessment: Following the intake, a Face -to -Face or Telephonic consultation appointment is offered. During the assessment the counselor will gather information regarding the presenting problem in order to create a diagnosis and develop a treatment plan for short- term counseling. This session counts as one of the EAP visits included in the plan. Telephonic or Virtual (iConnect You) Assessments in lieu of face-to-face assessments will only be conducted at the request of the participant. d. Short -Term Therapeutic Counseling: Company will offer up to six (6) visits for short-term EAP counseling benefit per participant, per issue, per calendar year (including the initial appointment). The Company will be fully responsible for the clinical care provided to participants. The specific number of sessions and treatment plans will be determined by the Company's counselor and will be based on clinical presentation, need, and suitability for a short-term counseling model of treatment. Minor coverage: A minor may contact the EAP directly or a parent/guardian may do so on their behalf. Deer Oaks cannot assess a minor telephonically and cannot refer to EAP services without parental or legal guardian involvement and written consent. Minors accessing the service directly, without parental involvement, will be checked for safety, offered in -the - moment support and, where appropriate, referred to other Agencies. Upon receiving parental consent, children ages 6-7 are eligible for family counseling; children ages 5-17 are eligible for individual counseling; and children age 4 and under must be referred out of the EAP. Telephonic counseling can be made available in lieu of face-to-face counseling only at the request of the participant. In addition, a confidential "Face time" session via "!Connect You" can also be available in lieu of face to face at the request of the participant. Other alternative modes of counseling to discuss may include the following: AWARE Mindfulness -Based Stress Reduction Program, Telephonic Virtual Group Counseling and Telephonic Life Coaching. If a participant possesses clinical symptomatology that requires longer -term and/or a different psychotherapeutic approach to treatment, the Company will work with the employers medical benefit plan to either make a referral to another provider and/or provide these services under the umbrella of the employee's medical benefit. 2 Vol. 313 Pg. 2 �O e. Range of Counseling Types: Counseling may include individual, family, and/or marital interventions for issues suitable for a short-term counseling approach. Common presenting problems include, but not limited to stress, family problems, marital problems, sadness/grief, worrying, parent/child problems, work -related difficulties, interpersonal problems with co-workers and supervisors, anger management problems, drug or alcohol use, workplace violence, single parenting problems, legal and financial difficulties, coping with medical problems, and crisis counseling. f. Case Management & Follow -Up: Company shall attempt to follow-up with all participants accessing services to ensure their satisfaction. Additionally, Company shall conduct comprehensive case management and follow-up for any participants referred to the EAP on a mandatory basis due to a job performance concern, work -place violence, sexual harassment, or suspicion of substance abuse or other employer group policy violation or concern. g. Referrals: For cases requiring medical or longer term/more intensive behavioral health intervention, referrals will be made by the Company to the employer's Medical Plan when indicated, or to another qualified professional that is within the financial means of the participant if the participant is not covered by the major medical plan. Low cost and free community referrals are also available to EAP participants. h. Referrals for Psychological Testing/Fitness-For-Duty Evaluations (FFDs) and DOT/SAP Evaluations: Deer Oaks provides expert telephonic consultation dealing with decisions regarding the need for a Fitness -for -Duty (FFD) Evaluation and can assist in recommending a FFD facilitator and coordinating a referral to the provider. However, the Employer is solely responsible to decide whether to refer an employee for a Fitness -for -Duty Evaluation. The employer is responsible for working directly with the FFD provider, as well as paying for the Fitness -for -Duty Evaluation directly. With regard to DOT/SAP evaluations, the Company will coordinate and case manage DOT/SAP Evaluations at a fee for service. i. Education & Prevention: The Company offers Supervisor and Employee Wellness Training via webinars and in person. An extensive array of education and prevention seminars are available to employees and supervisors dealing with a wide variety of topics including wellness, stress 3 �Il 14 03. `7_ 3 ham . management, coping with change, motivating employees, recognizing substance abuse, other personal or work -related concerns. Electronic Newsletters for employees and supervisors are designed by the Company for distribution by the employer to provide additional educational and preventative tips and activities. Additionally, many training seminars are available to download via the Company's website. PEPM includes an annual bank of up to twelve (12) hours of Onsite Employee/Supervisor Training Seminars. The onsite hours may be used at the Employers discretion for traininglorientation, employee orientations, wellness /brown bag seminars, and health fair/open enrollment meetings. j. Work/Life Services: Company will assist participants with balancing personal and work life concerns, coping with maternity/paternity and return to work, time management, childcare/eldercare services, and other work/life issues such as assistance with referrals for adoptions, relocations, college planning, and adjusting to retirement. Company will provide participants with 1.1) Recovery which offers a thirty (30) minute consultation with an Identity Recover Professional that will aid in the recovery process by assessing the situation, creating and implementing an action plan. Company will provide participants credit score monitoring through Credit Karma which will provide secure credit scores, reports and monitoring and financial tools. Company will provide Telephonic Life Coaching to assist participant with obtaining personal goals. k. Employer Group Services: Company will provide additional group assistance to the Employer as needed. These group services include immediate CISD response to any employees coping With a trauma or critical incident in the workplace within 24 hours of the request of the Employer or at a time and place of Employer's choosing. Unlimited hours are included within the annual bank of hours for the contract for on -site debriefing sessions (2 hour minimum per event). Contract also includes unlimited Account Management services and telephonic management consultations by assigned Company Account Manager. 1. Online Services: Company will maintain comprehensive online services at www.deeroakseap.com, available 24/7 to employees and their family members seeking tools, tips, articles, videos, and resources to help cope with improving overall wellbeing, balancing 4 E l. 3 3 p� 22 personal and work -related issues. Health and Wellness topics, on-line Library and over one hundred (100) legal forms are available through the website. Trainings regarding Orientation to the EAP benefit as well as access to the work -life services and legal/financial services are available online as well. m. Legal and Financial Services: Company shall offer legal and financial counseling and resources to employees and their family members, a free (up to 30 minute) initial assessment and a 25% reduction on legal counseling rates with an in person attorney following any retainer. Free unlimited telephonic financial counseling and education. Online legal and financial resources will also be available. In addition, Company shall offer a legally -binding simple state - specific will at no cost through a step by step online "interview process." This service (NOLO) may be accessed through www.deeroakseap.com. n. Confidentiality: Issues of confidentiality will be handled with the utmost sensitivity and protection for the employee's rights to privacy. The Company is fully HIPAA compliant. Where appropriate, consent forms will be obtained to provide written authorization to exchange information with any Employer benefits director or supervisor. o. Utilization Reports: The Company will provide confidential Utilization Review Reports to the Employer on a quarterly basis. The reports may include: the number of EAP participants seeking assistance, the reasons for accessing the EAP, basic demographics for the EAP participants, in - services, participant survey resuits and community referrals. These reports will be provided quarterly to the Employer. p. Implementation and Program Promotion: The Company will provide Initial Promotional Materials including an electronic introductory letter to the employees on the new EAP provider, as well as one Employee Orientation and one Supervisor Orientation thumb drive. Brazos County may request promotional information to hand out to employees. The Employer will be responsible for reproduction and distribution of direct mailing and other promotional materials requested beyond the Initial Promotional Materials. Company will provide ongoing electronic promotional materials (e.g. flyers, e-mail articles, newsletters) as needed throughout the duration of the contract term as well as a thumb drive containing additional flyers and posters that may be used 5 Vol. 3 � � p9. 2t 3 as needed by the Employer Group. The Employer will assume responsibility for the reproduction and distribution of these promotional articles/notices to participants (with the exception of the initial promotional materials listed above, which shall be reproduced by the Company, at the Company's expense and distributed by the Employer). Company will complete Comprehensive Needs Assessment to ensure Program is customized and tailored to meet Employer's expectations. 2. Fees. In consideration of all of the services provided hereunder by the Company to the Employer, the Employer (Brazos County) shall pay to Company (Deer Oaks EAP Services) an amount per month equal to the Per Employee Per Month (PEPM) rate of reimbursement multiplied by the number of Employer's eligible Employees for such month. For the term of this Agreement, that is, from January 1, 2023 through December 31, 2024. The monthly rate of reimbursement -shall be $1.35 per employee per month throughout the term of this agreement. Payment of such fees shall be due - monthly in advance on or before the first day of the first month in which services are rendered, commencing. Any fees for other optional add -on services will be applied per the terms of Company's proposal to Employer, if and when Employer elects to add these services to the contract. An interest charge of 1.5% per month will be assessed on past due.balances. Employee Assistance Program. WorklLife. & Health & Wellness Preventions Services Full Service up to six (6) visits per incident: Contract Term $1.35 for January 1, 2023 through December 31, 2024 Optional Add -On Services: Onsite Orientation* Training Catalog Seminars* Health FairlEvent Attendance* Webinar Catalog Seminars* DOTISAP Evaluation Full -Service Mediation LiveWell Telephonic Wellness Coaching + Online Portal One -on -One Telephonic Executive Coaching * Beyond the designated 12-hour annual bank $300.00 perhour $300.00 perhour $150.00 per hour $150.00 perhour $600.00 per case $300.00 per hour $0.46 PEPM $500.00 per hour Vol. 3 � � � Pg. 2 � 3. Definitions. a. The term "participant' for purposes of this Agreement shall mean (I) the spouse or any child (natural or adopted) of an Employee, regardless of where such spouse or child resides; and (!I) any child for whom an Employee (or his or her spouse) is a court -appointed guardian; and (III) any person residing in the household of an Employee. b. The term °counselor" shall mean a Company employee or contractor with a master's or doctoral degree in an appropriate mental health care related field. t c. The number of sessions shall Include appointments made and kept as well as appointments made and late cancelled (less than 24 hours notice by participant) or no shows. 4. Term. The term of this Agreement shall be for a two (1) year periods beginning January 1, 2023 through December 31, 2024. This Agreement may be terminated earlier (i) by Company, if Employer fails to pay the monthly fee owing hereunder to Company and such failure shall continue for thirty days after Employer receives written notice to cure for such failure from Company; (ii) by Company, if Employer shall have received three delinquency notices under Section 4 (!),immediately above, in any year; (III) by Employer, if Company fails to perform any of its obligations hereunder or if Company is in breach of any of its covenants hereunder, and such failure or breach continues for thirty days after Company receives written notice to cure for such failure or breach from Employer, and (iv) by Employer, with or without cause, by providing Company with ninety days written notice of termination. This Agreement shall also be cancelable by Employer (I) at the end of any fiscal year of Employer in the event that sufficient funds have not been budgeted for the following.flscal year for the purposes of this Agreement; and (ii) in the event that Employer is required by law to competitively bid or submit requests for proposals in connection with the subject matter of this Agreement during its term. S. Access. Employees and participants may contact the EAP via the toll -free access number'(1-866- 327-2400) to Employer's employees and their dependents 24 hours a day, seven days a week, throughout the term of this Agreement. Routine appointments are offered generally within three (3) business days, urgent appointments within 48 hours, and emergency appointments are arranged same day. Company offers a Vol.. Pg. zz nationwide network of affiliate providers in multiple locations shall make every effort to participant's specific request for an appointment time or location. Bilingual counseling services are also available. 6. Service Locations. Company shall provide counseling services at the Company's and Affiliates' office locations. On -site consultations at the workplace will also be provided at the request of the Employer according to the terms contained herein. 7. Eligibility Determination. Company will provide services to all participants without requiring a specific verification process of each employee's current employment status. COBRA participants as well as employees whom need support during their transition following their termination of employment with Employer will also be eligible for short-term EAP counseling services. Employer will verify the numbers of employees eligible for the EAP benefit by the loth day of each month, and adjust the reimbursement to Company accordingly. Company will contact Employer if there appears to be significant access of the EAP benefit by anyone who is not eligible. 8. Company Representative. The Company will assign a primary representative at the discretion of Company. Alicia Barrera, the Company's Executive Director of EAP Account Management, shall be the primary representative of Company for the purposes of this Agreement (the "Company Representative'). Mrs. Barrera's address, telephone and fax numbers are as follows: 126 East Main Plaza Suite 8 San Antonio, TX. 78205, telephone number (210) 615-3415, fax number (210) 615-2279. The Company may also assign additional Account Management Specialists to the team handling the account at the Company's discretion or as needed. Employer may contact the Company Representative (or designated assistant) directly regarding any questions, problems, or concerns Employer may have which are related to this Agreement. Company may change the person designated as the Company Representative by prior notice to the Employer, provided, however, that Company shall appoint a replacement Company Representative at any time within thirty days after the receipt of a request from the Employer. 8 Vol. .3 ' Pg. 2t 9. Relationship of Parties. It is understood by the parties that the Company is an independent Contractor, and not an employee of the Employer. Employer will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Company. 10. Entire Agreement: This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement is binding unless in writing signed and duly executed by both parties. 11. Communications with Employees. No promotional or informational materials shall be disseminated to Employer's employees without the prior written approval of Employer's Representative. The Company Representative in connection with Employer's Representative shall prepare an initial, explanatory packet for distribution by Employer to all Employees no later than two weeks prior to the commencement date of.this contract. 12. Extended Services. Referrals to the health plan for extended service will be made based on symptom severity and the Brazos County' best interests. Company will be able to continue counseling services under Employer's current health plans, if Company is a participating provider and if such services are covered under such plans. If the participant requires additional counseling, but such counseling is not covered under an applicable health plan, then Company shall refer such participant to appropriate community health services, or if the participant prefers, the participant may continue to use the services of the Company on a private pay basis. 13. Standard of Care. Company shall perform its duties and obligations under this Agreement as a fiduciaryof Employer's Employees and their respective dependents; and Company shall use the care, skill, prudence, and diligence in the performance of its duties and obligations under this Agreement as required by all applicable professional standards and laws. va. 3'-73 p9.'l 14. Equal Employment Opportunity. Company shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or handicap and -shall otherwise comply with all applicable requirements set out in Executive Order 11246, entitled 'Equal Employment Opportunity", as amended by Executive Order 11376, and as supplemented in Department of Labor Regulations 41 CFR Part 60. 16. Notices. Notices provided hereunder must be in writing to be effective, and shall be deemed received upon the earlier to occur of () actual receipt; or (5) three days after the same are mailed by U.S. certified or registered mail, postage prepaid and retu.m.receipt requested, to the following address, or to such other address as shall have been provided by notice: If to Employer Group: Brazos County Jennifer Salazar 200 S. Texas Ave. Bryan, TX. 77803 (979) 361-4117 isalazar0brazoscountvtx.ciov If to Company: Alicia Barrera Executive Director . Deer Oaks EAP Services, LLC 126 E. Main Plaza, Suite 8 San Antonio, Texas 78205 (210) 615-3415 Office abarrerafteeroaks.com 16. 'Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. 17. Indemnification. To the extent permitted by Texas law and in the compliance with the Constitution of the State of Texas, Company hereby assumes all risk of loss and responsibility for and hereby agrees to indemnify and hold Employer, its trustees and Employees (collectively, the "Indemnities' harmless from and against any and all claims, causes of actions, demands, suits, liabilities, recoveries, judgments, costs and expenses (including reasonable attorneys' fees) which are asserted by a party other than Company against or incurred by any of the Indemnities, to the extent caused or related to the performance or failure to perform of Company under this Agreement, except to the extent caused by the negligence of any -of the Indemnities. 10 Voi.r7� P9. Zug 18. Compliance with All Laws. In the performance of its duties and obligations hereunder, Company y - shall ensure that it is in compliance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, all applicable rights and regulations of the appropriate licensure board(s), and all laws, rights, and regulations applicable to patient confidentiality. It shall be the duty of Company, and not Employer, to ensure that no information shall be provided by Company to Employer that would constitute a violation of the privacy rights of a participant, even if such information is requested -by Employer, both parties acknowledging that Company, and not Employer shall have the obligation under this Agreement to be aware of the most current version of such confidentiality laws, rules, and, regulations. Affiliate providers nationwide will uphold their professional and ethical responsibilities according ,to their particular state rules and regulations. 19. Governing Law. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Texas. The Venue and Jurisdiction shall be exclusively in the State of Texas. 20. -Mediation. The parties can always agree to resolve disputes via mediation but should not be forced to do so. IN WITNESS WHERE OF, the undersigned have executed this Agreement as of the day and year first above written. By: OLA.gpc Pe- t-ems Type Name c4tx 0j:-`i Title S1a3fa� Date - . Deer Oaks EAP Services, LLC Alicia Barrera Executive Director of EAP Services Title 8/11/22 Date ti DEPARTMENT: Road and Bridge DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name Utility Permit - Optimum - Chaco Canyon Drive - Intemet service crossing,pdf 8/23/2022 BRAZOS COUNTY BRYAN, TEXAS NUMBER: CC 2022 - Utility Permit - Optimum - Chaco Canyon Drive - Internet service crossing Consider and take action on the Optimum (formerly Suddenlink Communications) utility permit to conduct a road bore at 3743 Chaco Canyon Drive for a service connection to install Internet service. Site is located in Precinct 1. Commissioners Court Darrell Kolwes 08/18/2022 False False $0.00 Description Utility Permit - Optimum - Chaco Canyon Drive - Internet service crossing Duane Peters County Judge Type Backup Material Ago - Date vol. 3� 3 P9. 220 NOTIFICATION OF PROPOSEW:INSTALLAT-101`4 AND/OR REPAIRS' ...OVTELk0H FACILITIES AND DESIGNATING. -P ACE, KENT OV-1)TILITY IN cougry WGHTor. -wAy tO: VfIt COUNTV.EN`G*1it'A Or BRAZOS COUNTY, TEXAS Ootimdrn formerly Suddenlink) Comes now [0mpahyname], he'reffilifterrefeffed to as a Delaware Ora it with author ly. to transact hilliest- in Teiiis. actin bd'*'.-*, npaly, Es;4101 Co tio.f,:w yng y an.. !'its intent t0 : I'' "through'its duly aullioO�epres zed entathii�,'and hereby.:66tifies the.co ifiiy EnIzineir 0, sty, construct, maintain and /or anor o�erate telephonifacility unde' W as over, abrosgan ig, or o9acconin County Roads shown on drawings and 'A!airams attached said s hereto. and location desdr'ibed*as'fb11oW':s:: n a o Install 200' new 2'c6fiduft at 36" 4616W the'460th of th"e41t6h from the -South side of. Cha6b Canyop to_th North sid pi tci.service 3743 Cha"co Canyon Ro:a'd via directio nal -bore. Pu s-h I 'dipment. pull .625P3 CIC fiber:and set PEDA install eq The location and descriptibn of the proposed installation and appurtenances must be e fully shown on.. detdiled'divwings attached to this Notilleation. a ."The Company shall commence actual coinstiritict,iont rk in go0d.:6,itll withih.'60 days from the d te &vvi work ...:s6id iY66ift.an dslisiltbhibi'elesaid'toii's'tni'cflon/W6 'thin '14 itig.d4ys.'(COMPANY _60th 0�y, Company ,.' 11 be required to MUST FILL IN).'.'If siudlibonstr&tion is not beguti byVi provide abew notice. oniv�wV*dcclai�s that prior to filihg4hiia' idati6fi.: it hhs'nsc C ppl, ertained the I&fiiion of all existing 1 b5th aerial an, . un ergrb Ali . .. ..... . -uti ities, I 'id"' d' uhd, bfid the ng -of this application ig pjin1A-'fdcie cvidtinc6 that the 'd installation will conflict-widi"an" existing 'utilif propose n8 y 9 . y. d. A co�iathis notice shall 6e kept at i .. .... h� job sitb,�qk (ifh�� work is".Wn� perroffii6i In the 661.6f deviatibn froth 'this''noticeii, ille'Britibs County Eng"ifie6es" Offlee,or ifs.designated r 4iffv6 will notified as sodjfim pradticable. eprese I b e Approval of Cdunt� BnWne_&es Office' may. take: 69jong as two weeks after coffililete, applica, 66 On is Teceivedi P g 77 , ..::..::.: r �- : . •aria iy�,,�� ygl •...: / `. � -ate '•sue: • D x.9 • .. - .. .. '"7� • - . ' t77rS . " - .. .. %-8. ...71 NEW 3 J CC BSc yP£D' .. - ... 4. rL D In tr u51 LOV:P NI' t 1 _ - �..... .. .. .. :.... '. i .r ,'.::: t� .... ... ... .. i ...6f.•w h .......... Nl- ...........: \ : 7677J 1 i A Jill MIN ! .. .. ...... _ ✓.. L...... . _. .. .. �1: APPROVED FOR::... :�. .APPROVED FOR.: ':.:... C-O N STR U"CT I O-N CONSTRUCTION' `.. .' . •....•.. pJ AGC BUIL1 . = : _ • .. • r, .. :.. . • ..:. :SIR d G.:TOUTAGE BUILT TOTlL.TR1iAGE BUILT, "aa 'l`.���' ,,_ 1. Cd $ulUt .... X TDt+it i60TAGC HUILi• ` MYFLETCD DATE, CUMETEDD FTE• 4 ' CMEIED•BY:: PAIEMITMED TOR tEAKAGC<- '. .... ; QpY : E a: • „- 11dRED TL4 LC,!CAGE ;, • f?LEASERETURN HAP iD kilcu'QPERA110N5 N�.. j.._. NPLEASE'RETURY Hap 90•DES]GtiR:hT:E(2GE.X:S: , 311 N' NN LOOV323/TYLER; •TXj751023i1 N..-NW LOOPM. 3D , ,'M3D I ATTENTIM OESGN OPS 1' s - - ATIERTILIW OESICN OPS .;_i BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS-COUNTY RIGHTS OF WAY .A. General Requirements 1. Adequate drainage -shall be maintained in ditches at all times.. 2. Pernittee will use best management practices ('BMP") (EPA, and TCEQ both provide'lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. • 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall. be.restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not'interfere with -other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public, if it is determined that inconvenience to the public exists, then the County Engineer will decide whether such . project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the du ation of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Pennittee must take'such precautions and measures, includih :**lacing and displaying safety devices, as", maybe necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property ::.. owners: 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to•persons or vehicles. using sudh toad. Any poles.placed in theRight of Way fbr future 'installation shall be placed at the back of the -Right of Way. Exceptions may be approved by tl* County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control.Plan must be provided for tlie�following: a. Any construction `(Le. pit, excavation, hole) jeh open overnight, requires specific nighttime traffic control measures pursuant to the'TMUTCD; V91. p9, . Z� b. -if construction is within ten (I 0) feet of the roadway; or c. Any work performed in the road right-of-way; 2. . Plari must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Desinn Slaadards I. ' All overhead installations shall conform to clearance standards -of the Texas Department of Transportation and the pole be placed in the designated area for power specified as -set forth in the Texas Utilities Code, Sectioit 181.045. 2. All pole installation (including•lighting) shall be placed at the backside of the Right of Way to ensure safety.to the public. Any pole placed in violatiori of this requirement will be required to.be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. - be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank,: c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum'lines, see High Pressure Pipelines requirements .listed below; A not be closer than ten (10) feet, from the edge of pavement. Exceptions 'I ay apply in .rights of way`of . less than 60 feet. 4. .Water Lines: All water lines must be a minimum 36-inches below the ditch'flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power= 0 to 2 feet; nominally I' ..... Phone — 2 to 4 feet, nominally 3' Cias — .4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally "7' 6.. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The Iength of any trench to be•opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended.. :. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be .pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. -3-2. .L " :5 ",fnw err _. ?2� - r- a^ -._: - n7 IJi: �T. - r2t s. •: __ c.:.: TxbOT Standard Specification Item 476 shall be followed for all boring; jacking, tunneling and joints. . 9. .Bore Pits: :. a. ;no'pits shall remain open longer than 2 days;: - :. b. all pits shall hale proper traffic control measures in place:, See Traffic Control PIan listed above. . c.:.pits shall NOT;be,located within ten (10) feet from the edge of pavementwithout prior.approval from the County Engineer or-his:Npresentative;' `.d.• .:whegpits are.to remain operi:"fdr more than 8_hours, drie-diligence will be used in protecting the spoil . . pile to prevent -drainage problems; e.--.: based upon soil conditions;:th County'Engineer or his representative mayrequire shoeing to protect .Pa._vement integrity; fbasdupooil-coditions.the County or his req-u.ire it.s.berePresentative m ra laced futher :..? ... from the edge of road. 10. Any installatiori.within.ten (10) feet of edge of pavement.sliali meet the.foliotiving: a... location must be approved by.the'County. Zngineer or his'representative: b. • backfilled with. cement stabilized material. c: .based upon. -soil conditions,;ahe County.Engineer or his representative may`require sharing to protect pavement integrity. :.. d.., ail excess wate?and inud shall be'removed from the trefiWo for to backf lling. 'Any, backfill placed. :: during a rainy period or -at other:times where excess watee' ' nnotbe• 6revented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT'cemenf stabilized.: Maiedal as- soon as weather perm its; e. all disturbed base and pavement materials Shall be removed• and restored to the satisfaction of the-".. .. =County Engineer or his representatives. .. f: - no 'side'or lateral tamping to fill,voids under.the base and'pavement materials is allowed: 11. Company must be:careful to not jeopardize the slope or integrity of the shoulder of the.road, In the event ..Company damages the slope, shoulder or any other 'portion• of the'right-of %v'ay, Company will be responsible for repairing _the damage and replacing the right-of:way..to the -condition it was'prior to. comtnencing construction. • 12. Operation of construction'and/ormaintenance equipment on tlie'traveled surface'of any improved County:;. road:will not be perirritied,,except. n an. instance whereby the laying, coristniction, maintenance andlor` repair of cables; conduits and/or pole lines cannot be accomplished by.any other method and in this event:: all such equipment shall be of the'rubber tire variety. ApOr6 'Hate traffic coritrolshali 6e piovided meeting TMUTCD, requirements:: -13.' in theevent said construction and/or maintenance and/or•eepaie•requires Company.to remove, cut or Jeopardize any section of the toad, :(asphalt, cement,*road base,:etc.), Company:will be required to provide.;:. a performance bond or.letter of credit securing necessary repairs: Said bond amount will be determinetl by.: the County. Engineer:. . ".14. The -applicant shall'subrnit a.letter of "No.Objection" from the..Army Corps of Engineers for all :designated wetlands'and environmentally sensitive lands. Egrereeitcy. iynrk I, in the'everii Company is required4o' perform emergencyservices; that requires excavation in a County, Ri t . of Wa gh y,. and unable to, notify: the County Engineer prior to conducting emerSency repairs, Company 71 ,iv F.1.01�..1w shall notify County En&eer within 24 hours.'of.beginning constriiction/repairs. This will -allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way add traffic safety controls used.. Reoairs to -existing facilities 1. Maintenance and/or repair to existing cables; conduits,-aad/or pole lines which require disturbance of the- ., soil, shall not be performed until plans describing such maintenance and/or repair have been approved liy the County Engineer, or its designated representative and a'permit has been obtained. G. Relocati6h of utilities 1. When arid if the County Engineer; determines that it is necessary -for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles,:wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required. by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company.: ..:A Hi 1i Pressure Pipeli�tes = 1. AlLutility Permits for high ressurb' .i lines enerall 60 PSI or greater);_ vhether pertaining to _ - g p p Pe (g . Y . controlled access-. or non -controlled access installations, should contain the following additional ;_..., information in th'dese'ription ofthe.permif, ,diameter :-wall thickness Material specification inihimum yield strength . -tsiauimum operation pressure of the pipeline . 2. With the'esception of the maxiniurq-operation pressure of the :pipeline, this inforination is to be supplied-' -for both the carrier:pipe and the casing. , 3. Assucaricemust also be given that the installation material artd.design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed ..... - b ` ail authorized representative* of the com pan = ,z< = Y :. p 4. Petr'616rn Pipelines: p. ; '1<'yne'6f Pipeline '::.(below deetrest ditch grade) , Special: Reouiretmeaats Encased Pipe Less than I Must be�'covered with concrete pad at least 36"deep Encased -Pipe ; :::Greater than 10' ..No concrete pad required Non=Cased Pipe':..'.-:..: Le§s. tharil0' Must be.covered wit9i'.eoncrete pads#.leasf481!deep: -?Von-Cased Pipe ' Greater than 10' No concrete pad required Concrete pad shalf.be ftflnimum of3" _thick'and width shalt be pipe diameter plus 18" *inimum..- ' 5.. 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M Dye btR Ir�i • • M �aoal ival�aa piaaoaat .ah+loiWL, aimYlavt . u*•rvta jCMId Ofl Celj b +aid o11Wtl LoIs T tlnOdl tots aoaason •147oeta10 otmi+ai ly D+ao9 .wAt Iwlaari P45M . is Oo111�µt '@5 Ot07 +A !VWl!laatl ( ] aaij:Cp C�1=11A Vi n aFcul� 09 f aaRl QN3931. .. oI W vAo" F-ul" wl,lua , I � x M� d'tr ota nvil ;qN3 �1 tt au .1 ' V g OY3liY . 1 ,. mm Sp00a I0c101 ;uanu03 H30TIONS NO 33VdS HHOM (q1-2) d3l vtt,.tW 2-010 Spnoa (ouol+UaA1103 H301RONS HUN� 33VdS xHOAt (01-Z) dal '} a oleo cost .►r x At rota Roos CYCH It .l. .Sr Fa at -am Will nµton1 Y. �Y 1 �ir4 I I p I � 1 Y a •� ' a I -91 • I l ► sotal cOSI �� • •� I I I I I I 1 I I I ( s 1'aatva vest It N cJ 6) CL tl o{m.oS �• vCa1L of -am Z+� .9 yyyy � sad 20 W k: fmil>altis Datiod'S iltiw/llo 10 UMIA•11 IIAIJIMI Jo ULMXM 'NO vaotanA Iraq a.ey C 1 0Ya1 JMI M* Jim nvq looltlnittf7 # tt cta11 9 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2022 Final Plat Southern Pointe Sections 104 and 120 DATE OF COURT MEETING: 8/23/2022 ITEM: Approval of the Final Plat of Southern Pointe Subdivision Sections 104 & 120; 12 Acres; Sterrett D. Smith League Survey, A-210, City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLARAMOUNT: Commissioners Court Karen Tyler 08/12/2022 False False $0.00 ATTACHMENTS: File Name Description 2022-02- Application for Development 23 FP APP Southern Pointe 104 120.pdf Southern Pointe Sections 104 and 120 Final Plat Plat 8-23-22 CC Agenda.pdf Twig Backup Material Backup Material I Duane Peters Date County Judge 1l01.]=P9- 2 j�% ��s..,. • tr' : --.*•.ivr -cR"'. *.'. slyY'R, ,^ s �ip�;$'^',--...•-•4 ••^*.z.^; •^ jSA� k'•�-,n *"r y- rx'�,3 w . 1# e 9 r "r t? 7,�4`' tu.r_ .n..h-- "•wacm'�k -.�—.�.__ >s=-,.w ;.m ac: _x.:r.•....c ._..-:.: .,. Yr ucr n u .n „� :.� _.. :±r. _ h,tf+:. �,�. �"`�'-yv;,2'.'�}�-'T- "�T±"�. _ '4.., :, y:� n Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822 2127 Fax (979 775-0456 Email: platsObrazoscountvbc.aov PLAT APPLICATION APPLICATION DATE •: 2-21-22. :...::: ... .. : . •.... RESUBMITTAL:= YES ✓. NO PROJECTT SUBDNISION. NAME:. Southem Pointe Section 104'&' 120,' PROJECT.ADDRESS ORLOCATION: 425 SH.6 S TX • " ' •` '•-• - � ' LEGAL DESCRIPTION; A021000,. S D SMITH'(OCL),.TRACT 25.62,.34.388 ACRES.. IF RE8UBMITTAL, PROJECT'FORMERLY KNOUVN AS: WA NUMBER OF; LOTS: 65 • .::::: ::. T07AL ACREAGE 12 00 :'::''.:: `: `::. ' College Station JURISDICTION : :CITY LIMITS -.. ETJ OUTSIDE ALL CITY LIMITS AND ETJs .• • Notification of Application completeness will be given within 10 days of Application date. All Indomptete Applications will be rejected. This Application shall expire five (6) years from the Application date of the project. STER,PLAN'. SIMPLIFIED PLAT: PRELIMINARY PLAN FfNAL PIAT:::.:: :• ::: AMENDING. PLAT.:,... ":.s.: REPLAY;::..:... IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? YES •' �.VINO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County. In evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods.can and will occur and flood heights may be Increased by man-made or natural causes. Issuance of a Floodplain . '.Permit In accordance with the Brazos County Flood. Damage Prevention Ordinance does not Imply that Development outside the areas of special . flood hazard -will be free from -flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazes County or any officer or employee of Brazes County in the event flooding or flood damage does occur. D• • + WLL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT OF -WAYS? YES ✓ NO . .:h V61. Pq. - .�• Y- y i 'ifi° i .. Y++� 2'r 3"Y - i 'r?-rr Nan :.l * r°Y c C43'4 .. M x`!]k x e _ �,.,,.+K+ sh `r +T.,"2`i: `. r..�-.w.�..s-._-.x'=� Y-��_-<.4..- ....����..::..,. .—. .u:.:.F-�_[irx'rdM"z�..Lt,"._ M I._1,+„�.,. ��4.- i +,yii�rl 7:3..:•.;.:, g r v .f• .' s+� a .. ♦VtxS•t 'C5 fi S..y' w '` [^" :L.� ^..�.' Sett' v z ,..v v �'AlPPL Cjy►�1�F'1NFOt IC ��'� � ,{w�� �}.'���,�t �•ss�E's�3 ��n�;�•,t„�•�.a� `- � , $7r•r� � � �• ,a, + R �.c .�. _. �CS� Y�.-�i,s€'i'.. •`;43s�.S�d'4 �{�d'S,r. `�'Z'�=X���kYY':"�t�.'t4�3n°4 dY.'�fi:. iC�$sT�'•4��b .E.: _ .s�'� '�Y . � .. R. �. p�'iay � .�� �;. � •�vl}�*: - zs ,.mot. �r•.'.hk.. M1'.�'�"S..i FIRM NAME: BV Southern Pointe Development Inc. ' CONTACT: Wallace Phillips.': ' . • ' 'ADDRESS :.1 140 Midtown Drive CITY: College Station ;:, r• STATE:TX ZIP:77845. PHONE: 979.255.4466. FAX:. EMAIL: wsphlllips3@gmaii.com �F�ROPE�2�WJ�(ERrI�F�8�1117ATION ��#�"��- �'�'�'�,�1��°x�`�' �5?�.��r^���,.���'�.,� ����` �'�"_.,`�`��`�`�� e �,�•° .:-,'^�.�,I F.3:wr"Ft'�•'*✓- tt^._.�.3 �ktks,,.Q t . _�..r.YS. � �'�..,.o'�b�.Ya�i u 4 r+•�' r+�`."m., >.l ts�... re'�cx...C'z,.r-'Yt: :. 5�,•t�n,i.�':*�..r, 4y� SZ�, ..: FIRM NAME: Phillips 3 Land Holdings, LLC CONTACT: Wallace Phillips ADDRESS:1140 Midtown Drive CITY: College Station STATE: TX ZIP: 77845 PHONE: 979.255.4466 FAX: EMAIL: wsphillips3@gmail.com zgr ilk EfGiNEE 1 F(ORti71A 10 �}3t art3h yY«� ��'t��; v=•!...Yi:."LF-.'.'%kr!'.^'.✓. 3't•.1 ..n�...Y..�1t 36E.-�£=aax.Yli� Ir..tf� 1(•s•�-VriT FIRM NAME: Schultz Engineering, LLC CONTACT: Joe Schultz, PE ADDRESS: 911 Southwest Parkway E CITY: College. Station ,STATE: TX .. 7JP:77840 PHONE:9797764-3900 FAX:.979-764-3910 EMAIL: eng@schultzeng.com t,,"rG.^�va;;m'r xra •�5'y. wa. rz "� i'" -c r . t i r r.n r'ruw:t>ur`_' �tr}-„ga,.sP"1 zi' `�"t3j + ,+ r•` _�•a n.` •,• X r.* 1 uR�EY�IFORMATr0I�� �C�-.•.?�'#>. iP ,. �f*...+`C•S�._ .�]�:l � .^.3 kr..S.. '�Lew.� f(il. si3 ��...(2's�t-� itsr I3S.C..+.i k_wv FIRM NAME: Kerr Surveying, LLC CONTACT: Nathan Paul Kerr *'--' ADDRESS: 409 N Texas Ave CITY:.Bryan. .. ..... STATE:.TX ZIP:77803 PHONE:979-268-3195 EMAIL: nathan@kerrsurveying.net.. - .t� _ '�'F ''PROPERTY®WNER CONSEfVT /AGENT R T AUHO If :,. �'� . .aa;...i+.f �P:,r._ ._._:ma,'. .a.�1__•v.:ri.`�:.=4atair!k,. - } ... i?s3i�_. _ _ _ S _ a ._ __ _ - '3�+ n.. c„ � v'�i`i�.a:,_; J ,?'�» Vol.P,,. ? •a,_a>=a:-.�^�, �v rr��z_�g,.� F ' �°+3�h � ems; n•s�r a��•�.s,.r.,�.,�'��_ �'- ^".,'�°�fe:� `5".'�„"'"'�'s��ta'�t: t.._r�'�Y�r �tr'�ckn'y�t'y��`��� 4+i�`�r"cs''".. ��•�'�:��='�?�,> r -�' �.� '+"fir _� ..... ,'a.. "'-•"•s, � z .....y .,_ •' =---'Y _ _- By my signature, I hereby affirm that 1 am the property Owner of record, or if the Applicant is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this Application. I.certdy that the preceding information is complete and - accurate, and it Is understood that 1 agree to the Revelopment/Subdivision of this property. :.:. :. •::..•:. -SIGNATURE:' ; , ::. .. ::.:.:..•........ • ........... ;.......... .... ............ _.P,RINTED'NAME Wallace Phillips:: ...: -• :: ' :::''":: ' .. ..... •DATE:2=21-2022 :...... ... .::::::.. - ..... SIGNATURE' ;= :.:: •. ' ::. ::.: ::•::.::.:PRINTED ... ..... ....... NAME;:' :: :...:.:. ,::;::. •• DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application -indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the,` Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. DATE APPLICATION RECEIVED / ' l :: ..E l i E ' DATE APPLICATION RECEIVD] I REJECTED:: ........ .................. SIGNATURE::':::: :`...:':: a. -SIGNATURE`.:,..: ........................... .:..:...... ..............:. ............... Receipt of ttiis;Applicahon by,.Brazos.Courity'loss not'provide;confirmatioWar acceptance,of_a complefe•Pippli�aUon,' 6i does R waIV,- ' rrrquiremerits for any addigorial iriformatiori not contained as part of this Application which may also tie nestled as a part of the ieview process.: Application Check List: Copies of finished plat with corrections (if any): ✓Three (3) hard copies to Brazos County ✓ One (1) .pdf copy to Brazos County One (1) .dwg copy to Brazos County One (1) hard copy to Brazos County Health District One (1) hard copy to Brazos County 911 ✓ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): Letter from Brazos County Health District - For On -site sewage evaluation. Letter from Brazos County 911 - For Road names. Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: []Approval notification: from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat'submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. Vol, Pg.:: 2 t'3 m � TS 0. `. ^�. `""4�s�.�.. ..-: s ''�"�' �Lz .^-.��� ��N'..`�` ° K:; }.t 'q..'� s� e` '.'. '�'t"�.n',f�H" ,�r'.�"' "lhme..w,M. �.r,Ft'^•.-; $ ,j s"'°'ye'r�7".".` `� ° a 3 �kF^ra Every Simplified Plat shall include all of the following: n✓ Title Block with the following information: 2✓ Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) E/ Date of preparation. (Include the date of any revisions on the plat.) VO Engineer's scale in feet. ✓ Total area intended to be developed. Proposed number of Lots to be developed. ✓ Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. ✓ North arrow. ✓ Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. ✓ Subdivision boundary indicated by heavy lines. Boundarymust include all of Parent Tract. ✓ All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. nA vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. ❑✓ All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. a✓ All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. nV County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. n✓ Road names and Right -of -Way width for all Roads." (Existing and proposed) All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. ❑✓ Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) Pipelines: label company with volume and page. All certification language as found in Appendix C. Easements and rights -of -way shall be dedicated to the public. The dedication of all Easements and rights=of-way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any. lien holder's -dedication, and - restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. J; All proposed Easements and existing Easements of record that have a designated route shall be shown on -the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. Building Setback Lines for each proposed Lot as defined 'herein. For Subdivisions located within an.Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. �✓ Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor. (RPLS), -describing a beginning point and reciting bearings and distances to a .corner of the" original land grant survey of which the Subdivision is a part, according Vol.. 3'l 3 Pei." 23 `[ 6abfa ;"*'A'. r 2.^e.r+^i $."�T�� .+a.r4^�.,+FSI, . v'A' P i va^+..,' .,+?.+ �o� .j4i+° 1*' L3 ev^+fi'• F '�s.4e�C:1 3' a+tt._r�^-s 'f,Ef" Sm'k'z'� ".•e4.,�"'�y".'S' x"..*3s. . ._.. to the best available data. (Shown on drawing; not separate description) RAll Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument'With an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights -of -way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. 0 Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. RV The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. RThe On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. RV The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). We If there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or- adjacent to the plat any water courses whose upstream drainage basin Is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. RBFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. �A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve :(12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. aIf any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study.or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. RV, A separate drawing containing both existing and proposed topographic information at 2-FT contour Intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). The certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's -filling certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. If any Lot within'the plat will be served by a well or an On -site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that .it is in compliance with the Brazos County On -site Sewage Facility (OSSF) Regulations, Construction ..Standards for On=site Sewage Facility (OSSF) Regulations as published by the Texas Commission �6n Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior `to Final Plat approval. -If the plat contains a, water well site, there • shall be a depiction of the TCEQ separation -N, ;4;P requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. If any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix GA regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. aDriveway culverts for all Lots shall be designed by a Licensed Professional Engineer. ` If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. �✓ The diameter and length for each driveway culvert shall be shown on a table on the plat.. This information shall also be placed In the.deed restrictions for the Lots in the Subdivision. �✓ The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. ❑v Any Improvements proposed within the Right -of -Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained In accordance with an executed license agreement between the County and the Owner. This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be .maintained by Owner. Vol. P9..LiJ oll / ¢ - 7 32 14 N FEET 31 mFL ///�/�\ may., .\R �S.\ Y•.s•" 1 1 1 . Ib t Sit ]tl It , •' 1 1 \ 6,JNat",�5 25 �1 1 y+ al 29 �7 �.. • i••/ •\ \�,Iy4 'j 24 ` sL7��t6a28 78 7 Lis i 1 i \ ,:S\� ao �^ d„f o, .,91 4 pt ad o+ lm•p nc. a55Sb" 27 1 j9N 77 r IyBL! < 9A• 1 19•m . ;,5- {I�S,S af• �' - ; N = 4 :1 a �'• m9'v _ '1 fd ,T9 ^ ,�. ` 1 22bl I j �1• 26 �.,t10 SE �`1{ aam 1 r �, aay ^ „5 a 5 gf a,•v ^ " { yry�-i .2 1 evra S is tiffs { 4 { 1= { r� 1 1 I '{ { li { Xi {traVra) { } 1 a 11 pq' 'iaTs.r 20 Y -q, 24 1 J 12 , 1 33 1"1,>ao < In^11. 61 m ��y^lrsr� ��Is ^ �18 n�t1 { 13 It n {O tr m• sr 1 1 pmv-)''1r1 for my-" }y IT { I to I j e( -A � t i tl• 50r 1 t - 10 {i• 1911 ^ ie 9)9 . 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SITRWYWNt MRIMI U, Mb t4r 4itea.W1\➢o.t.. weNwlr.rM nMlMartl "Wiell Kristeen Roe, CTA, PCC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 979.775-9938 Fax REFUNDS PENDING 00116/2022 REQUESTOR RONALD & SHERRI SCOTT ADDRESS 2710 WOOD CT BRYAN TX 77808 OWNER NAME RONALD & SHERRI SCOTT PROPID* 305223 REFUND AMOUNT 1$100.52 REQUESTOR BRENT M OR SARAH L GRAHAM ADDRESS 438 SORREL ST DUNCANVILLE TX 75137 OWNER NAME SARAH GRAHAM PROP ID 27115 REFUND AMOUNT 1$44.70 REQUESTOR SPACE LIQUOR ADDRESS 461 N HARVEY MITCHELL PKWY BRYAN TX 77807 OWNER NAME SPACE LI UOR PROPID# 301127 REFUND AMOUNT 70.00 REQUESTOR AMARILLO NATIONAL BANK ADDRESS PO BOX 1 AMARILLO TX 79105 OWNER NAME MAiTHEW R BLUDORN & EMMY RAMPTON PROPID# 413649 REFUND AMOUNT 1$29.43 REQUESTOR BETTY 3 CONLEY ADDRESS 123.8 HENDERSON ST BRYAN TX 77803 OWNER NAME BETTY 3 CONLEY PROPID# 29864 REFUND AMOUNT $20.00 REQUESTOR LAURA ANN SALAZAR ADDRESS 1428 BECK ST BRYAN TX 77803 OWNER NAME LAURA ANN SALAZAR PROPID# 39451 REFUND AMOUNT 5.76 RE UESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT va. 39�- AIPPE{"CA!IlGW*ORR�=.�C�fVU.r:�- - Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS SCOTT RONALD R & SHERRI A 2710 WOOD Cr BRYAN TX 77808 2286 PROPERTY DESCRIPTION Legal: AUSTIN'S COLONY PH 10A, BLOCK 1, LOT 6 Address: 2710 WOOD CI" . Account# 305223 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2021 Taxpayer's reason for refund: OP -Overpayment REFUND TO: SCOTT RONALD R & SHERRI A 2710 WOOD CT BRYAN TX 77808-2286 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 07/31/2022 $3651.S9 $100.52 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct." 5ignatu a ate__,,, q'tq- a55- 4-o 5a5 �D4�@ ua.t+oo . Co Phone # Email Address If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Cade Section 37.10. TAX REFUND DETERMINATION T tax refu is [ proved [ Disapproved Author ze fficer Signature Date Authoraed Officer of taxing unit for refund applications over amount required under Section 3L11 Tax Code Authorized Officer Signature Date Vol. 11-7 3 P9. 2`f0 TAX RECEIPT 08/01/2022 08:42AM 9 KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 . PAID BY: SCOTT RONALD R & SHERRI A 2710 WOOD CT BRYAN, TX 77808-2286 Receipt Number'. 3162994 Date Posted _ _ 07I31I2D22o Payment Type • I_-- Payment Code i Over/Refund- 7'otal Pald _ _ 53,651.59 Property 1D Geo -_ Legal Acres -10.0000 _ �, - Owner Name and Address_ 305223 ,118500-1001-0060 SCOTT RONALD R & SHERRI A _ r _ . _. _ _ _ _ -- -- 2710 WOOD CT Legal Description_ , � -_ _ � BRYAN, TX 77808-2286 • A_USTIN'S COLONYFH_ 10A, BLOCK 1, L_0_ T 6_ - _ - ' Sltus DBA Hame I 2710 WOOD CT — - - - -- - - - - - - - --' ' Entity: -----__ - . -_.-.. ---- -- Rate T_axa_ble_V_alue - -- - --- - Stmt # Vold Original Tax D_ Is_cnts_ �P&1 A_tt Fees Overage Amount Pdi Z REFUND ENTITY _Year_ 2021 0.00000 0 145632 N • _ 106.52F 0.00 0.00 0.00 0.00 .100.52 BRAZOS COUNTY 2021 0.49350 222,792 116488 N 539.26 0.00 32.36 0.00 0.00 571.62 CITY OF BRYAN 2021 0.62900 262,792 115488 N 993.97 0.00 59.64 0.00 O.OD 1,053.61 BRYAN ISD 2021 1.22580 262,792 116488 N 1,816.82 0.00 109.02 0.00 0.00 1,925.84 3,651.69 Balance Due As Of 0713112022:.100.52 Tender Details_ - - —� Descrlpfion -_-'�- Amountj Check 110 1217.20 Check 111 121720 Check 112 1217.19 3651.59 - Operator Batch- - — - - - - - -- -- - - --- - _ _- - — - - - - - Total Paid tmoore 42222 (0810112022TN1) - -- - _ _ .. _ . . _ _--_-_-- _ . - _ _ _ • - -- _ -- - Speoial Condition Exists forthis Property Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Prope Tax Code tu.IWs�tu.ae Vol. 32 2), Pg. Z� � APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph.979.775-9930 OWNER'S NAME AND ADDRESS GRAHAM SARAH L 22 TRAILWOOD DR JACKSON TN 38301-3534 PROPERTY DESCRIPTION Legal: ETTLE, BLOCK 2, LOT 9 Address: 216 APPLE ST , Account# 27115 TAX PAYMENT INFORMATION Name of Taxing Unit. _ JaK-Y.enr of Refund 2REFUND 2021 Taxpayees reason for refund: OP -Overpayment REFUND TO: GRAHAM BRENT MAURICE OR SL 438 SORREL ST DUNCANVILLE TX 7S137 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 06/30/2022 $443.21 �$44.70 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct." Slgriat re �• Da • 4� (4 b_ lO / Ct�r'r1A&-Wi 1911_ / 4'-el- 2 C.aY- Phone # Email Address If you make a.false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. _ ... TAX REFUND DE�TEERMiNATiON_ 11L 7efund t is jVj Approved j ]Disapproved Authoriz d officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Vol. Pg. 2`t' TAX RECEIPT 06/30/2022 03:66PM KRISTEEN ROE, CTA PH# (979) 776-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR Receipt Number 4181- COUNTY PARK CT BRYAN, TX 77802 3160238 Dale Posted _ OBl30/2022 PayinentType P Payment Cove Over/Refund Total Paid S443.21 PAID BY: GRAHAM BRENTMAURICE OR SL 438 SORREL ST DUNCANVILLE, TIC 79137 Property ID Geo Legal Acres_ owner Name and Address_ 27115 '25e506-0002-0090 0.0000 GRAHAM SARAH L • Legal Description - - 22 TRAILWOOD DR - JACKSON, TN 38301-3534 ErrLE, BLOCK2, LOTS Situs DBA Name 215 APPLE ST , ' Entity Year. Rate Taxable Value Stmt # Void Original Tax Disents P&1' �Att Fees Ov_e_rege Amount Pd Z REFUND ENTrTY 2021 0.00000 0 146547 _ N 44.70 0.00 0.00 0.00 • 0.00 44.70 BRAZOS COUNTY 2021 OA9350 14,750 51079 N 72.79 0.00 10.92 0.00 0.00 8171 CRY OF BRYAN 2021 '0.62800 14,760 51079 N 92.7B 0.00 13.92 0.00 0,00 106.70 BRYAN tSD 2021 1.22660 14,750 51079 N 180.95 0.00 27.15 0.00 0.00 208.10 443.21 Balance Due As Of 0613012022• -44.70 Tender Details-' Description " Amount' Check 4033 443.21 443.2t Operator Stitch ' tmoore 41681 (0WQM022TM) Page:1 Total Paid 44321 Receipt issued in Accordance with Section 31.075 of the Texas Property T Vol. Pg. APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan,Texas 77802 Ph.979-775-9930 OWNER'S NAME AND ADDRESS SPACE LIQUOR 461 N HARVEY MITCHELL PKWY BRYAN TX 77807-1707 PROPERTY DESCRIPTION Legal: BUSINESS PERSONAL PROPERTY Address: 461 N HARVEY MITCHELL PKY Account# 301127 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2021 Taxpayer's reason for refund: OP -Overpayment REFUND TO: Collecting Tax for. (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, 171, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 06/23/2022 $992.10 $70.00 Sign below and return form to the Brazos County Tax Office. "I hereby apply for a ref n of the above -described taxes and certify that the informa bn on is form is true and correct." &17 ,J 2 2 gria a � ate vi Jr�1i ram- / _ F• Mu tj� <%C, ,� �.rt.• • C,� Phone # Email Address if you make a false statement on this appiication, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. SPACE LIQUOR ---- - 461 N•HARVEY-MITCHELL-PKWY— -- BRYAN TX 77807-1707 TAX REFUND DETSMIKATION e tax re d is [ proved Disapproved Authorized Officer Signature Date 5(as/aa. Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date E . 3'13 P9. 2�t `f TAX RECEIPT 06/24/2022 08:66AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: AM BEVERAGE LLC DBA SPACE LIQUOR 481 N HARVEY MITCHELL PKWY BRYAN, TX 77807 3156892 Da S:PRUIl PM31?022 Off OVkR fund- -0023b ,a A ............. - . . . . . . . . . . . . . . . . . . . . . . . . . . . . -4 SPACE LIQUOR 461 N HARVEY MITCHELL PKWY BRYAN, TX 77807-1707 A, ILI" 461 N HARVEY MITCHELL PKY SPACE LIQUOR ...................... ................ atb) e.. alue "Mil QEAMn nt n 1A m0ft, WAR m Z REFUND EN' 2021 O.Mmnn' 0 14i'5-2i N .00 0.00 0.00 0.00 0.00 6.00 BRAZOS COUNTY 2021 0.49350 78,500 120904 N 193.70 0.00 0.00 0.00 0.00 193.70 CITY OF BRYAN 2021 0.62900 7%600 120904 N 246.86 0.00 0.00 0.00 0.00 246.88 BRYAN ISD 2021 1.22680 78,500 120904 N 481.52 0.00 0.00, 0.00 0.00 481.62 992.10 Balance Due As Of 06123/2022: 70.00 10 P. Ppe hines 4 (06232022PNO Page: I Receipt Issued in Accordance with SecUon 31.076 of the Texas Property Tax Code Vol. pq• L APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 771302 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS BLUDORN MATTHEW R & EMMY RAMPTON 801 DELLWOOD ST STE 100 PM61Z2 BRYAN TX77802-5353 Collecting Tax jar: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan iSO, College Station iSD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: A023700, JOHN WILLIAMS A-237 (OCL), TRACT 107.110, 2.65 ACRES, (TR 2 MANNING SVY) Address: 3499 LAFAYETTE (PVT) LN , Account# 413649 TAX PAYMENT INFORMATION Name of Taxing unit Tax Year of Refund. Payment bate Amount Paid Refund Amount Requested ZREFUND 2021 07/31/2022 $17382.72 $29.43 Taxpayees reason for refund: OP -Overpayment REFUND TO: AMARILLO NATIONAL BANK PO BOX-1 AMARILLO TX 79105 Sign below and return form to the Brazos County Tax Office. '' hereby a for the refund of the above -described taxes and certify that the information on this form is true and correct." . � ei ,,� � S 1�S $c�� �_ +�n,C.�,\cam ICJ u,nh. cew► Phone p Email Address If you make a false statement an this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND -DETERMINATION tax refun s J V J A roved I] DI pproved Authorized Officer Signature Date 81 a3 I as Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date vol. 3 3 P9, 2'i TAX RECEIPT 08i0312022 03:50PM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR Receipt Number -- _ 4151 COUNTY PARK CT 3163295 BRYAN, TX 77802 �-- - Date Posted _ •Q_./31J2022 Payment Type P Payment Code Over/Refund Total Paid _ 51T,382 T2 PAID BY: AMARILLO NATIONAL BANK ATTN: ML SERVICING DEPT - SAMANTHA CALCOTE PO BOX 1 AMARILLO, TX 79105 Property ID Geo Legal Acres Owner Name and Address 413649 023700-0107-0110 2.6500 BLUDORN MATTHEW R & EMMY AAMPTON _.. — _ 801 DELLWOOD ST Legal Description STE 100 PMB 122 A023700. JOH_N WILi1AMSA 237 (OCL).TRACT 107.110. 2.65ACRES, (rR 2 MANNING SV`t) BRYAN, TX 77802-5353 Situs DBA Name 3499-LAFAYEITE (PVT) LN , Entity Year 'Rate Taxable Value Stint 0 Void Original Tax Discnts P&I Att Fees Overage Amount Pd Z REFUND ENTRY 2021 0.00000 0 145041 N 29A3 0.00 0.00 0.00 0.00 29.43 EMG SVCS DIST 94 2021 0.06725 715.392 12677 N 481.09 0.00 86.60 85.15 0.00 652.64 BRYAN ISD 2021 1.22880 715.392 12677 N 8,776.43 0.00 1,579.76 1,553A3 0.00 11,909.62 BRAZOS COUNTY 2021 0.49350 715,392 12677 N 3,530AS 0.00 635.48 624A9 0.00 4,790.83 17,382.72 Balance Due As Of 0713112022: -29.43 Tender Details Description Amount Check 166165 17382.72 17382.72 Operator Batch t7ware 42259 (08J03J2022TM) Special Condition Exists for this Property Page:1 Total Paid 17,382.72 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax C de TW'm ' "- Vol. PgL q 2022-08-12 14:44 CTWP BRYAN 19797754651 >> 759937 P 5/5 APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4152 County Park Court Bryan, Texas •77802 Ph. 979-775.9930 OWNER'S NAME ANO ADDRESS CONLEY BETTY J 1218 HENDERSON ST- BRYAN TX 77803-3496 PROPERTY DESCRIPTION Legal; JAMES, BLOCK 2, LOT 9 Address; 1228 HENDERSON ST , Account# 29864 TfAX PAYMENT INFORMATION Name of Taxing unit Tax Year of Refund ZREFUND 2021 Taxpayees reason for refund! OP -Overpayment REFUND TO: CONLEY BETTY J 1218 HENDERSON ST BRYAN TX 778034496 Collating Tax for., (taxing entitles) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISO, F1, FZ, F3, Pa, City of Kurten, Navasota ISO Poymant Date ' Amount Paid 09/05/2022 ft= Refund Amount Requested $20.00 Sign below and return form to the Brazos County Tax office. "I hereby opplyfarthe refund of the above -described taxes and certify that the information on this form Is true and correct" Signature r� � �� . •. Data- 9 �/f)l�f�/f f f • T/ P '/.• 1 I . i / 1 I 1 V \~ 1 1.1. i. `/. y' r! i ►' 6 l'�.: 1 Phone 0 Email Address If you make a false statement an this application, you could be found guilty of a Class A misdomoanor or a state )ail fatony under Texas Penal Code Section 87.10, TAX REFUND DIETERWHATION Th tax refun ( proved �IolhoappraRved Authorized Offlcersignature Date Authorized Officer of taxing unit for refund applications over amount required under Section $1.11 Tax Coda Authorized Officer Signature Date Vol. Pg. Zug TAX RECEIPT 08/05/2022 03:50PM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: CONLEY BETTY J 1218 HENDERSON ST BRYAN, TX 77803-3496 Receipt Number 3163370 Date Posted 0810512022' Payment Type P Payment Code ._OveNR&_ind Total Pald $20.00 Property ID _ Geo _ Legal Acres _ Owner Name and Address 29964 1349000-0002-0090 ' 0.0000 T CONLEY BETTY J 1218 HENDERSON ST Legsl Description _ _ _ . 1 BRYAN, TX 77803-3496 JAMES, BLO_C_K 2, LOT_ 0 _ Mtus DBA_Name 121a H1=NDERSON ST Entity Year Rate Taxable Value Stmt # _Void +Original Tax_ Dlscnts P&I Att Fees Overage Amount Pd Z REFUND ENTITY 2021 0.00000 0 145622 N 20.00 0.00 0.00 0.00 0.00 20.00 ' 20.00 Balance Due As Of 0810512022: -20.00 Tender Detall_s' ' Description .. Amount Money Order 7843 20.00 20.00 Operator Batch - - - _ - - - .Total Paid; tmoore 42288 (08f05l20kw) 20.00 Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax God(Vol.nwuc- L U 9• l APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979 775.9930 OWNER'S NAME AND ADDRESS SALAZAR LAURA ANN 1428 BECKST BRYAN TX 77803-3729 PROPERTY DESCRIPTION Legal: SFA #9, BLOCK 4, LOT 15 (TR-458) Address: 1428 BECK ST , Account# 39451 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREfUND 2020 Taxpayer's reason for refund: OP -Overpayment REFUND TO• SALAZAR LAURA ANN 1428 BECK ST BRYAN TX 77803-3729 Collecting Tax for: {taxing entities) Brazos County, City of Bryan, City of College -Station Bryan ISD, College Station ISO, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 10/31/2021 $700.00 $5.76 Sign below and return form to the Brazos County Tax Office. "i hereby apply for the refund of the above -described taxes and certify that the Information on this form is true and correct." Are Stg _ Oats cf)L4 en—q 10-0 Phone a Email Address (, If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state Jail felony under Texas Penal Code Section 37.10. TAX REFUND DEFER The tax ref u Is [ VJ App ved [ DI ppraved Ruth ize car Signature Date Authorized "Officer of taxing unit for refund applications over amouht required under Section 31.11 Tax Code Authorized Officer Signature Date Vol; pg.. 2�E TAX RECEIPT 11/03/2021 09:59AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: SALAZAR LAURAANN 1428 BECK ST BRYAN, TX 77803-3729 ?� L;i'; Receipt Nutntier {x� � _ ! 3068934 oete`?ost�rl ,^''t 10/31%2U21 Paymen4TyPeY�= � ::• --•P P.@&.J 0(0C *,7t �- _Ovar/Refund. Totall;Nald:Y`.r�j S700.00; _• �'� '::� ,OwnenNatiiesanii,Aild%��s r�"������'�=H: + SALAZAR LAURA ANN� ! 1428 BECK ST BRYAN, TX 77803-3729 + i _, sr _ ,__. - -� :r- -- --,._ x., ._ Y r -- , .^ _ •- �• v. x;Year>;Rate�L�_axa�ble.\(alue,tyStcnf:_.rV,ofdt;':0nginal;Tax;Dlscntsr'?� P&i`'AttFees; 0verageAmour�t;Pd� ZREFUND ENTITY 2020 0.00000 _.1r 0 146232 N A. . S-a'N.—.!•.U...^:.Y•... •J�c.•w-_1 .:r ...arn. 5.78 0.00 0.00 0.00 L'L.➢Av 0.00 •. .. . n 6.76 BRAZOS COUNTY 2020 0.49500 89,263 103375 N 104.80 0.00 22.01 19.02 0.00 146.83 CITY OF BRYAN 2020 0.62900 89,263 103375 N 133.17 0.00 27.98 24.17 0.00 185.30 --BRYfAN•LSD-- -2020--1-.23250 89,263 I'03375-iG--260,95 ( 700.00 Balance Due As Of 1013112021: 1936.28 L` p Zy�.:ww� �•» r•�. ti.••`,; b.•• c r• ".7y. :+�.r. :•+=" �':r.^.• .re ' �f'=`t'a. �: r _'" ,a.i: r ;q+,a'�;vF}a�'.�t,:i.• L �i{• i'� +r'C v,d.s.yi'�y'.i, "'"_'�— •L Tender_ kc� � �D'et�,ils: ��:`?' n, '�•.:;` ,.,..f.�.,_ �:.r•;. � p ,,.. ,�, •�.~:�.;;• .,r!_ .,: ..z.s> s ,y. •.��. �.�..�v,:'.�::��.•.�._: � , Amou t Credit Card CC %X-2111 ConwCharge 0.00 700.00 700.00 •O a atCr•^_B3tCfl:r`�?:.ix;:;rz_r.,-_:s;,r,t.; ��, s,yiw•r=si:...:*'r;,;.? •",":.:ice �� :';�;, •-.:�:•:�;=�..�tx;;_.,, ,.�a��.�,; _ �c*,•�...��; +� � ".1.�;? - ...•. , s� rt:.. . c a• : ..... '.H' ' ';•- �v ; 1 ctal;P3til; tmoore 38080 (PMT Internet CC 11022021) ..�•. �•tizt . _ , 700.00 Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Cod BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2021-2022 BUDGET YEAR NO.11/22 44.1- 44.5 On this the 23rd day of August 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 l 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 23rd day of August 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 23rd day of August 2022. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. SQ3 -pg. Z�Z BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 44.1 8/23/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Alternative Dispute Resolution Fund Charges for Services Revenue 50,900.00 Alternative Dispute Resolution Fund Other Financing Sources Revenue 25,000.00 Alternative Dispute Resolution Fund Alternative Dispute Resolution Community Contracts Expenditure 75,900.00 General Fund Other Financing Uses Expenditure 25,000.00 General Fund Alternative Dispute Resolution Charges for Services Revenue 50,900.00 General Fund Alternative Dispute Resolution Community Contracts Expenditure 75,900.00 Alternative Dispute Resolution To reallocate budget to move the Alternative Dispute Resolution Fund to the General Fund. �Sra',1 Of2�MIT ,3 Pg• - -- 190i. , BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 44.2 8/23/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 11,762.50 Geneml Fund Purchasing - Administmtion Repairs and Maintenance Expenditure I1,762.50 Purchasing - Administration To reaUocate funds to upgrade the pumps at the County fuel island. IN Date 8/98l2022 `v Coun Judge`Approval �tL%% 1/01. � Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 44.3 8/23/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 75,000.00 General Fund Commissioners Court - Administration Benefits Expenditure 75,000.00 Commissioner's Court Administration To reallocate funds to cover the cost of retiree health insurance for the remainder of FY 2022 R Date. z 8/18/2022 (. �dntyJudg;"Q proval,�' aterVz vol. �� P9. 25� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 44.4 8/23/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure -20,000.00 General Fund Risk Management - Administration Repairs and Maintenance Expenditure 20,000.00 Risk Management - Administration To reallocate funds to cover unanticipated expenses for accidents involving County properties. &fit E�xcN Vol. 3 G 3 pg. ZS�e BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 44.5 8/23/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Risk Management - Administration Contract Services Expenditure 1,575.00 General Fund Risk Management - Administration Departmental Support Expenditure 1,575.00 Risk Management - Administration To reallocate funds to purchase first aid kits for the common areas of the Courthouse and Administration Buildings. Dates",h t.,v BhB]2022, x,.�.;Gourit�JudeA�proval �h Date„_' r Personnel Change. of Status ( Aug 18, 2022 ) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 08-23-2022 Human Resources Consider and Take Action on Change Employment g' 'R•i3 z"sat- Department Naage�h.. .i.! i 'ii, . �;; Erngloyee Name 'A° : r•� i^.R t 10. AEC'. ,T-'€ ,`4r'�4r� E SC•{6T'� ' A4r� a'�N `CA i"•. . Separations -Department Name. ; : Employee Ndmd ( County Agriculture Extension - Cruz, Makayla Administration Sheriff Office - Jail Administration Hammett, Clay Approved in Commissioners' Court: 08-23-20 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) E � P9. Z�gJ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 08 23-2022 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 Tax Assessor — Collector Administration Bradley, Karlis Change of Status Williams, Lequnia Change of Status TJJD — Pre & Post Adjudication — Detention Williams, Kimberlyn Change of Status Approved in Commissioners' Court: 08-23-2022 : County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 1c 'I 3 P9. ZS9