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2023/04/18 REGULAR SESSION 10:00AM
r BRAZOS COUNTY B RYAN, T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT r L -1. CI, } THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON APRIL 18, 2023 AT 10:00 AM IN T.HE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COWBRAZOS000NTYTX 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Judge Peters 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 - 20 3. Consider and approval of Resolution 23-013 recognizing Sheriff Christopher C. Kirk for 24 years of service as Sheriff to the citizens of Brazos County. 4. Acceptance of resignationlretirement letter submitted April 11, 2023 from Brazos County Treasurer, Laura T. bavis, effective last day to be June 30, 2023. 5. Approve appointment of Cristian T. Villarreal as Brazos County Treasurer effective July 1, 2023. 6. Approval of the following Job Description: • a. Volunteer Coordinator (Sheriff 'Office -Administration)1040 hours (Code TBD) 7. -Approval requested from Juvenile Services for the acceptance of donated property, pool table, with an estimated value of $800.00 forthe JJAEP Academy School. 8. Approval of the Interlocal Agreement between the City of College Station, the City of Bryan, Texas A&M University and Brazos County to share expenses for a regional rescue vehicle. 9. Approval of Contract #23-118 andAddendum #1 for Clio Case Management Software with Public Defender's Office. 10. Approval of Contract#23-123 for Oracle FIN & HCM Remediation with PMCS Vol. 395 P9. 39 Services, I nc. 11. Approval of the following committee for RFQ #CI P 23-562 Architect for Medical Examiner's Office. • a. Judge Rick Hill • b. Trevor Lansdown • c. Brian Baker • d. Kimberly Roach • e. Chief Paul Martinez • f. Purchasing (Non -Voting) • g. Legal (Non -Voting) 12. Award of RFP #23-580 Old Reliance Road Phase 1 Reconstruction. Recommended Award: Texas Materials Group, Inc. dba Gulf Coast CRH Company. -13. Award of BID #CI P 23-582 Stockpile Dirt Removal -Copperhead Road. Recommended award to the following: • a. Pile A: Texcon General Contractors • b. Pile B: Texcon General Contractors • c. Pile C: Cervantez Construction, LLC 14. Approval of the following committee for RFP_ #CI P 23-583 Construction Consultant for Medical Examiner Office. • a. Trevor Lansdown • b. William (Bill) Hadley • c. Matt Mayo • d. Purchasing (Non -Voting) • e. Legal (Non -Voting) 15. Consider and take action on the Wellborn SUD utility permit to construct a 70' road bore for a 1" service line under Forrest Lane 100 ' northeast of Robin Drive. Site is located in Precinct 1. 16. Consider and take action on the MidSouth Electric Cooperative utility permit to install an aerial electric line 640 feet within 2' of the right of way along White Switch Road. In addition, there will be 5 aerial crossings each maintaining a minimum clearance of 23' above the pavement. Site is located in Precinct 1. 17. Tax Refund Applications for the following: Overpayments • a. Morgan Monk - $120.81 18. Budget Amendments. • FY 22/23 Budget Amendments 28.01 - 28.04 19. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 20. Payment of Claims. 21. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of April 12, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of April 12, Vol. Pg. 40 2023. 22. Juvenile director's report on detention population. 23. Sheriffs report on inmate population. 24. Announcement of interest items and possible future agenda topics. 25. Call for Citizen input and/or concerns 26. Adjourn. P 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/qr 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 ,lodge 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 Commissioners Courtroom of the County Administration Building, 200 South, Texas Ave., Suite 106, Bryan, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOKCOWBRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. 4 9 Pg. MINUTES APRIL 18, 2023 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, April 18, 2023 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. 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 - Judge Peters 2. Call for Citizen input and/or concerns There was no Citizen input. Consider and take action on agenda items: 3 - 20 3. Consider and approval of Resolution 23-013 recognizing Sheriff Christopher C. Kirk for 24 years of service as Sheriff to the citizens of Brazos County. Pg. Vol. � � 5 4 The Court voted unanimously to adopt Resolution 23-013 recognizing Sheriff Christopher C. Kirk for his years of service and to name the Sheriff's Office Administration Building in his honor. Judge Peters invited City of College Station Mayor John Nichols to read the City's Proclamation that was adopted, declaring April 18, 2023 as Sheriff Christopher Kirk Day. Mayor Nichols read the Proclamation that highlighted Sheriff Kirk's 24 years of service and expressed appreciation for his leadership and dedication to the Sheriff's Office. Judge Peters then read the end of Resolution 23-013, to declare the name of the Sheriff's Office Administration Building as the Christopher C. Kirk, Sheriff's Administration Building. Judge Peters commended Sheriff Kirk for taking the Sheriff's Office to a new level through his leadership and stated that it is only appropriate that the building be named after him. Sheriff Kirk stated that it was an honor to serve the Sheriff's Office for 40 years, with 24 of those as the County Sheriff. He thanked the many people, including his family, that helped and supported him through the years. He was proud to have served and gave thanks to the Commissioners Court and City of College Station for the honor. Commissioner Aldrich shared that Sheriff Kirk's dedication to service was put on full display through the Sheriff's Office Citizen Academy. Commissioner Berry thanked Sheriff Kirk for all that he has done for Brazos County. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 4. Acceptance of resignation/retirement letter submitted April 11, 2023 from Brazos County Treasurer, Laura T. Davis, effective last day to be June 30, 2023. The Court voted unanimously to accept the resignation of County Treasurer Laura Taylor Davis. Judge Peters then read aloud Ms. Davis' resignation letter, citing June 30, 2023 as her last day. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 5. Approve appointment of Cristian T. Villarreal as Brazos County Treasurer effective July 1, 2023. The Court voted unanimously to appoint Cristian T. Villarreal as Brazos County Treasurer, effective July 1, 2023. Judge Peters stated that Mr. Villarreal has worked for the Treasurer's Office for four years, and in that time he has been instrumental in the implementation of Oracle Financial Software. It was recommended by Laura Taylor Davis to appoint Mr. Villarreal. Chief of Staff Ed Bull provided a letter of acceptance from Mr. Villarreal to the Court. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6. Approval of the following Job Description: • a. Volunteer Coordinator (Sheriff Office -Administration) 1040 hours (Code TBD) Commissioner Berry noted that this position is the Volunteer Coordinator with the R U OK? Program. Judge Peters thanked CommissionerJaee y for her involvement in the Vol. 3 J 5, P: ------- implementation of the R U OK? Program in Brazos County. A copy of the job description is attached. Motion: Approve, Moved by Commissioner Nancy Berry; Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 7. Approval requested from Juvenile Services for the acceptance of donated property, pool table, with an estimated value of $800.00 for the JJAEP Academy School. A copy of the donation form is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 8. Approval of the Interlocal Agreement between the City of College Station, the City of Bryan, Texas A&M University and Brazos County to share expenses for a regional rescue vehicle. A copy of the I nterlocal Agreement is attached. .Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 9. Approval of Contract #23-118 and Addendum #1 for Clio Case Management Software with Public Defender's Office. A copy of the contract and the contract addendum is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 10. Approval of Contract #23-123 for Oracle FIN & HCM Remediation with PMCS Services, Inc. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of the following committee for RFQ #CI P 23-562 Architect for Medical Examiner's Office. • a. Judge Rick Hill • b. Trevor Lansdown • c. Brian Baker • d. Kimberly Roach • e. Chief Paul Martinez • f. Purchasing (Non -Voting) • g. Legal (Non -Voting) Commissioner Berry stated that she is excited this project is moving forward. Vol. 395 Pg.�_4 5 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 12. Award of RFP #23-580 Old Reliance Road. Phase 1 Reconstruction. Recommended Award: Texas Materials Group, Inc. dba Gulf Coast a CRH Company. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #23-580 Old Reliance Road Phase 1 Reconstruction to Texas Materials Group, Inc. dba Gulf Coast a CRH Company. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 13. Award of BID #CIP 23-582 Stockpile Dirt Removal -Copperhead Road. Recommended award to the following: • a. Pile A: Texcon General Contractors • b. Pile B: Texcon General Contractors • c. Pile C: Cervantez Construction, LLC The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid Contract #CIP 23-582 Stockpile Dirt Removal - Copperhead Road to the following: • a. Pile A: Texcon General Contractors • b. Pile B: Texcon General Contractors • c. Pile C: Cervantez Construction, LLC A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla, Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 14. Approval of the following committee for RFP #CIP 23-583 Construction Consultant for Medical Examiner Office. • a. Trevor Lansdown • b. William (Bill) Hadley • c. Matt Mayo . • d. Purchasing (Non -Voting) • e. Legal (Non -Voting) Commissioner Berry stated she is excited for this portion of the project to progress, as well. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 15. Consider and take action on the Wellborn SUD utility permit to construct a 70' road bore for a 1" service line under Forrest Lane 100' northeast of Robin Drive. Site is located in Precinct 1. Vol. 395 Pg. 46 Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 16. Consider and take action on the Mid South Electric Cooperative utility permit to install an aerial electric line 640 feet within 2' of the right of way along White Switch Road. In addition, there will be 5 aerial crossings each maintaining a minimum clearance of 23' above the pavement. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 17. Tax Refund Applications for the following: Overpayments • a. Morgan Monk - $120.81 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 18. Budget Amendments. • FY22/23 Budget Amendments 28.01 -28.04 28.01 To recognize revenue for Constable Precinct 3. 28.02 Reallocate funds for Sheriff's Office - Jail. 28.03 Reallocate funds for County Court at Law 1. 28.04 Transfer Contingency funds to Juvenile Services. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 19. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 20. Payment of Claims. Vol. 395 Pg. - Motion: Approve, Moved by, Seconded by. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. Claims 8121649 - 8121795 9007277 - 9007333 Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 21. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of April 12, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of April 12, 2023. The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of April 12, 2023. 22. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 33 juveniles in the detention center, 27 are male and 6 are female, and 29 have electronic monitors. 23. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 690 inmates in jail, 604 inmates are male, 86 are female and 48 have electronic monitors. Sheriff Dicky thanked the Court for recognizing Sheriff Christopher Kirk through Resolution 23-013. He stated that he is thankful for all that Sheriff Kirk did for him throughout his career with the Sheriff's Office. 24. Announcement of interest items and possible future agenda topics. Commissioner Berry announced the 25th,Anniversary Celebration of the George Bush Library on April 22, 2023. Commissioner Konderla encouraged citizens to take time to look at and reflect on "The Wall That Heals" memorial in honor of Vietnam Veterans at Veterans Memorial Park from April 27-30. Commissioner Aldrich requested that citizens volunteer to help with the event. Commissioner Aid rich then announced that he and Commissioner Watson will be attending a Conference of Urban Counties Policy Council meeting on April 19th in Austin. 25. Call for Citizen input and/or concerns There was no Citizen input. 26. Adjourn. EVol.:48 P -.g. The foregoing minutes of the Commissioners Court Meeting held April 18, 2023, have been examined and are approved in open Court this 2nd day of Maw, in Bryan, Brazos County, Texas. Duane Peters Steve Aldrich County Judge Chuck Konderla Commissioner, Precinct 2 Wanda Watson Commissioner, recinct 4 Attest: c, KareA McQueen County Clerk Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 Vol. 3 9 5 Pg. 4 9 Pg I of (� BRAZOS COUNTY COMMISSIONER'S COURT I q DAY OF 00 Name (PLEASE PRINT) -,� o. s o-,'\ W O% tl . vpt Organization (PLEASE PRINT) 0 :F v �)J I /ar©S 00l(RT f/ -�,kwoo 06, So, () - 1 r)c5Z �_-- 3�5 Vol. pg. PgQof� BRAZOS COUNTY COMMISSIONER' S COURT DAY OF , 20 /P �I Name (PLEASE PRINT) A�r 0 Yoh ry C,4,e /-�5 ,\-\� -e _ . -'4_ \, V-°� �, vL Organization (PLEASE PRINT) G :Z e-4— C C "BO,/DL - c� �C A -A &Ars� /a- 10eLoe- W 06 cr) L bcS9 Vol. 395 pg. -_-- Pg v of (a-- BRAZOS COUNTY COMMISSIONER'S COURT l�> � DAY OF mil , 20 93 AY/PM, v l Name (PLEASE PRINT) Fim Lr:� 1�aMtis Organization (PLEASE PRINT) so �C SJ C So l �heso 0�S6 ksc -17,C Vol. 3 9 5 Pg. Pg Ll of BRAZOS COUNTY COMMISSIONER'S COURT �8 DAY OF nril , 20 c3 t©: ,90 M M, Name (PLEA SE PRINT) o 1- om C,� reed Organization (PLEASE PRINT) �o.skk Rps�, 136E-6 Ivol. 395 pg. P&5- of BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 20 a D'OOD 1%I/PM, �5,eqoluic-o(- Name (PLEASE PRINT) J -� 1 4 -&,Y' rc o Ln Yw ��yG2 �,Cl /�ISDO�e✓LJ �an1'e-f waa n0., hw a Sm k - Organization (PLEASE PRINT) Vol. 3 9 5 Pg. BRAZOS COUNTY COMMISSIONER'S COURT '8 DAY OF An 20 a3 Name (PLEASE PRINT) CAA L aUs /L�. Organization (PLEASE PRINT) L7LJ Vol.' 395 Pg. 5 � RESOLUTION NAMING THE SHERIFF'S OFFICE ADMINISTRATION BUILDING AT 1700 STATE HIGHWAY 21 WEST THE CHRIS.TOPHER C. Kim, SHERIFF'S ADMINISTRATION BUILDING WHEREAS, Christopher C. Kirk served as the Sheriff of Brazos County for 24 years from January 1, 1997 through December 31; 2020; and served the Citizens of Brazos County in many capacities for 40 years, and WHEREAS, Sheriff Kirk served as President of the Sheriff's Association of Texas (2007-2003) and President of the Western States Sheriff's Association (2009-2010) WHEREAS, Sheriff Kirk was greatly involved with the Texas State Legislature as the Chairman of the Sheriffs Association Legislative Committee in developing laws and programs to improve the quality of life for the citizens of Texas and Brazos County; and WHEREAS, Sheriff Kirk served in countless leadership roles for non-profit community organizations, including President of Scotty's House for more than 20 years, and WHEREAS, Sheriff Kirk led initiatives to improve professionalism, advance innovation, and build integrity of the Sheriff's Office, and WHEREAS, Sheriff Kirk was instrumental in initiating -the building program, design, and construction of the Sheriff s Administration Building at 1700 State Highway 21; and WHEREAS, the Commissioners Court and the citizens of Brazos County wish, at this time, to express their appreciation for Sheriff Kirk's leadership and for his dedication to serving the citizens of this County; NOW THEREFORE,. the Commissioners Court of Brazos County do hereby declare the name of the Sheriff's Office Administration Building to be the CHRISTOPHER C. KIRK, SHERIFF'S ADMINSTRATION BUILDING. RESOLVED this the 1 Sth day of April 2023 by the Commissioners Court of Brazos County, Texas, Duane Peters, County Judge Steve Aldrich, Commissioner,' Precinct 1 Chuck Konderla, Commissioner, Precinct 2 �. Nancy Berry, ommissioneyt+Precinct 3 Wanda Watso mner; missioPrecinct 4. Vol. Pg. L95 2 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT NUMBER: DATE OF COURT MEETING: 4/18/2023 ITEM: Acceptance of resignation/retirement letter submitted April 11, 2023 from Brazos County Treasurer, Laura T. Davis, effective last day to be June 30, 2023. TO: Commissioners Court DATE: 04/13/2023 FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT False False $0.00 ATTACHMENTS: File Name Description Type 2023-04- Resignation/Retirement Letter Backup Material 13 Resignation Retirement Letter.pdf l lb Pa,3 Duane Peters ]per County Judge Vol. 395 fig. Ma, Brazos County Administration TO: The Commissioners Court Brazos County 200 S. Texas Ave., Suite 240 Laura T. Davh County Treasure Bryan, Texas 77803 (979)361-4340 Please accept this letter as formal notification that I am resigning my position as Treasurer. My last day will be June 30, 2023. July 1, 2023, I will start my retirement from Brazos County. I am honored to have been in the office for a total of 23 years and especially as the County Treasurer for -the last 12 % years. The county is near and very dear tome. My job has been my passion for such a long time -and I would not give it up as long as that passion was at the forefront. Now with the constantly upgrading of software and technologies, I no longer am the best person for the job. Therefore, for the Treasurer's office to be the best it can be, and what I want it to be, I decided that it is best that f resign my position. I am thankful for'the voters of Brazos County, the people that I have worked with within the county, as well as so many of my employees. I will forever be grateful to this county and the opportunities it has afforded to me. .Sincerely, If Laura Taylor Davis Vol. Pg. —: i= DEPARTMENT DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name No Attachments Available BRAZOS COUNTY BRYAN,TEXAS NUMBER: 4/18/2023 Approve appointment of Cristian T. Villarreal as Brazos County Treasurer effective July 1, 2023. Commissioners Court 04/13/2023 False False $0.00 Description Type ROVED Duane Peters Date County Judge Vol. 3 9 5 pg. 59 Cristian Villarreal 200 S. Texas Ave, Suite 240 Bryan, TX 77803 April 18, 2023 Brazos County Commissioners Court_ 200 S. Texas Ave, Suite 310 Bryan, TX 77803 Dear Brazos County Commissioners Court: I am thankful to have the Court consider me for the appointment of County Treasurer. Since joining the office, I have been committed to continuously improving the services we provide to the citizens and employees of Brazos County. In this new capacity, I will ensure that the County Treasurer's Office continues to serve all of Brazos County to its highest capability.. It is with great pride that I accept the Brazos County Commissioners Court appointment for Brazos County Treasurer. Sincerely, llel�- Cristian Villarreal Vol. Pg. 60 aet'� 71 N Brazos County Template ReyWon1.208H512012 Job Description °err OF $Fg�o Last Updated: April 2023 Class Number: TBD° Title: Volunteer Coordinator Pay Group: 15-3 Department: Sheriff's Office FLSA Status: Non Exempt Reports To: Lieutenant Support Services ! Approved Date: I TBD EEOC Category: Clerical General Summary: The Volunteer Coordinator promotes and creates programs directed toward senior citizens and other community outreach programs through the use of volunteers. Assist with the Brazos County Sheriffs Office RUOK? program to check on the welfare of senior adults in the community. Provides a central coordinating point for effective volunteer management within the Office, and to direct and assist efforts to jointly provide more productive volunteer services. Work with seniors in preventing them from becoming victims of crime. Essential Duties: Receive and process applications for the RUOK? program and other community programs. Answer all questions and promote various programs at the direction of the Sheriffs Office. Be prepared to make calls on Senior programs. Perform a variety of record keeping, filing, indexing and other general clerical work. Prepare reports and provide them to Command Staff and other partner agencies as requested. Recruiting and selecting volunteers. Coordinate and conduct training of volunteers for the RUOK? and other community outreach programs. Maintain records for each volunteer. Establishing and maintaining a volunteer roster. Tracking and evaluating the contributions of volunteers. _ Maintaining a record of volunteer schedules and work hours, Maintaining volunteer orientation and training materials and outlining expectations, policies, and responsibilities for all volunteers. Perform duties in support of other operations and programs with the department. � R Duane Peters Date :'0 County Judge Vol. 395 P9. _ Supervision Received: From Lieutenant Support Services Given: This is a non -supervisory position. Education Required: High school diploma or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Associates Degree or higher. Experience Required: None Preferred: Experience in public relations. Creation, implementation, and management of programs. Certificates, Licenses, Registrations Required: None. Preferred: Physical Demands Typical: _ The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such and fries, stacks of records, or other objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. Knowledge, Skills, & Abilities _ Typical: Working independently in the absence of immediate supervision and be self -motivated. Analyze situations carefully and adopt effective courses of action. Compile and maintain extensive records and prepare reports. Deal with the public in a courteous and diplomatic manner. Communicate clearly and concisely, both orally and in writing. Effectively communicate with elderly citizens and volunteers. Show compassion, sensitivity, respect, and emotional maturity in dealing with senior individuals. Establish and maintain effective working relationships with those contacted in the course of work. Organize and motivate volunteers. Be confident and have the ability to deal with stress in all aspects of the job. Be punctual and regular in attendance. Skill/Ability to operate computers, including word processing software; read and understand manuals, perform basic mathematical functions; operate office equipment, such as copy machine and facsimile machine; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters white performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the essential duties of this job, the employee is constantly required to work closely with others as part of a team, work under time pressures to meet deadlines, and perform multiple tasks simultaneously. The noise level in the work environment is usually moderate. Vol. 39 5 -��� Pg.Iq 9.— 'BRAZOS COUNTY TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY 4h,0/20Z Date FAcceptance of P(?AqtoAwa*y 4 Property I - n Donation ofCounty Property &/I (Avv*ckA property requires signed court documentation) Aiceptance of Donated himate Property -(R —90VAUIE-AS9ESSED). Oquires sign . JwpAte..4ocumeiit.atio.n Itein-DescriptioMRegulation Size P961 T9W Please proAde all informailov requidste4 below: its oplicable1o, the property being accepted or donated. Forms containing any -blank -fields will be returned for coldpletkq4- MiJkJJ4tyqrd.SpO0 Model: unknown yearUnknoWn sNNn%T:,,-:.2F;-6047 Functional' ,-RNon-FunctiooAl. Explitimi.f.Non-function6l This .pool table, 6 pool -sticks, triangle, and set of balls are e:Addid6 iJfi'h ti6f0rnktion:-1-:. 66N'd'6na"i"'edfor the .v6Uffi:tieliding.:school ;6tJJA.*EP*',AccideM at UVenile Services. $-800i0o Estimated, Value:::,'.::.:: Check box for Capital Asset (yAluefinifial.cost U overS5000) Check tbe: appropp to a ' coo-ontbasfedon Pst.iinated.valub of property being accepted- 61235000 (Donation - Other)* 67.01000(iUinbr.Property --^500-:$49�99) SoOlt 0'0'0(Capital Property - Over $5000) donated to- .GowrnmentEntity. -Other (Due to Statuatory <req*cipqritspHOr approval al is.required by*Purchasing: - OrganizatidnNiame :Donation — Other account 61235000 is to be used ONLYfor cashIcheckfunds donated to Brazos County. .y that the.abbve-mentioned item -J%s. Deeri-,Onated or a%vardO to Brazos County. This -item has been received: in good h: and upon to�.by'Coiiifii�ioher's'Couft,kill.bbcome,-a: apart of the Genefixidd-Asset-_Accoiifit of Brazos County. Tbe-detennibation to accept or 'General the do!datioA. will be.made 'ait 'the -sole 'diktcfi6fttbf Co issioneys Court -based upon -such tiiingg as usefuliiess, projected operating, mance, and insurance costs. JUVelill sting Department:- Dcpaftmei t-..NaM6 ApthofizedSIgnaim Or i r ,pnizatibn ReceNing Donated Property: -Authorized Signature A e 0 mi Wssioners �PNo.- in isrb day of Apg;v- Q oQ-3. .mi 35 . . ................ . ... . "Co.o"A Val 01 CoftqnissioneFs rupprq_ DocuSign Envelope 1D: 9D594A "3C5-4DC&9660-0E1 E3S6C699C LAW ENFORCEMENT RESCUE VESICLE LWERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is by and between the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation (College Station); the CITY OF BRYAN, a Texas Home Rule Municipal Corporation (Bryan); TEXAS A&M UNIVERSITY, an institution of higher education and agency of the State of Texas (Texas AW; and BRAZOS COUNTY (Brazos County), referenced herein collectively as the Parties, each acting by and through their authorized agents. WHEREAS, this Agreement's purpose is to authorize the Parties' mutual aid, assistance and cooperation in law enforcement duties, police protection, and enforcing laws for protecting health, life and property; and WHEREAS, the Parties are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into an agreement for the performance of the governmental function ofproviding Law Enforcement Services; and WHEREAS, the Parties recognize the need to have a regional Rescue Vehicle to aid and assist with Law Enforcement Services and that sharing expenses benefits all Parties; and NOW) THEREFORE, in consideration of the mutual promises, benefits, and covenants made herein, the Parties agree as follows: L DEFINITIONS The following words and phrases have the following meanings unless the context clearly indicates otherwise: 1.1 Policy means a standard operating procedure adopted by each Party stating Rescue Vehicle use, care, and command while in each Parry's possession and control. 1) 1.2 Rescue Vehicle means a custom tactical armored vehicle for special operations units and tactical teams to use for responding to active shooter scenarios, barricaded suspects, response and rescue, and high -risk warrant service. II. RESCUE VEHICLE OWNERSHIP AND MAINTENANCE 2.1 Rescue Vehicle Purchase. The City of College Station, according to Texas purchasing laws, will procure, maintain, operate and store the Rescue Vehicle. The Parties to the initial purchase of the Rescue Vehicle will each pay a non-refundable amount equal to one -quarter ofthe total cost of purchasing the Rescue Vehicle. College Station will be shown as the title holder of the Rescue Vehicle, for purposes of insurability. Vol. 395 Pg. 64 Law Enforcement Rescue Vehicle U A Page 1 of 8 Contract No. 23300214 DocuSign ftWope ID: BDS04AF"305-4DC8.9660-OE1E386C699G 2.2 Routine Maintenance Costs. College Station will operate and maintain the Rescue Vehicle according to Manufacturer specifications for routine scheduled preventive maintenance as part of the Rescue Vehicle ownership. 2.3 Repair Costs. College Station will be responsible for arranging for repairs to the Rescue Vehicle above and beyond routine scheduled preventive maintenance ("Non -routine Repairs'). Each Party wiII pay College Station one -quarter of the cost of Non -routine Repairs to the Rescue Vehicle beyond routine scheduled preventive maintenance. Repairs do not include improvements, new equipment, or damage described by Section 2.5. 2.4 Equipment Costs. College Station will install new and replacement equipment ("Added Equipment") in the Rescue Vehicle above and beyond routine scheduled preventive maintenance. Each Party will pay, College Station one quarter of Added Equipment costs beyond routine scheduled preventive maintenance for the Rescue Vehicle. Each Party must agree in writing before the purchase and installation of new equipment not included in the original purchase of the Rescue Vehicle. 2.5 Insurance Costs. College Station will procure and maintain for the life of the Rescue Vehicle, a stand-alone Auto Liability and Auto Physical Damage Insurance Policy. College Station will be the Named Insured and the other Parties will be Additional Named Insureds to the policy. College Station will pay the insurance policy premium, and each other party will be responsible for reimbursing College Station for one quarter of the annual insurance premium ("Insurance Costs'. The Party responsible for damage to or loss of the Rescue Vehicle through their use will be responsible for paying the deductible and any other costs of repair or replacement not covered by the policy {"Deductible and Related Costs"). r 3.1 In consideration for the non-exclusive license to use the Rescue Vehicle, College Station will invoice the Parties one time for each parties' one -quarter of the Rescue Vehicle initial purchase price. 3.2 In consideration for the non-exclusive license to use the Rescue Vehicle, College Station will send monthly invoices to the Parties for Non -routine Repairs, Added Equipment, and Insurance Costs and any Deductible and Related Costs. IV. RESCUE VEMCLE USE 4.1 Storage. College Station will store the Rescue Vehicle at the College Station Police Department (CSPD) located at $00 Krenek Tap Road in College Station, Texas. 4.2 Call Out Use. The City of Bryan, Brazos County and Texas A&M have a non-exclusive license to use the Rescue Vehicle for emergency callouts within each parties' jurisdiction, according to each Party's adopted policies. College Station Police Department will respond to the call -out location to deliver the Rescue Vehicle. The requesting party will then be responsible for using and returning the Rescue Vehicle to CSPD in the same condition as when it was delivered. Law irnforcemmt Rescue Vehicle ILA V a 3 5 P g. 6 Page 2 of 8 ContmetNo. 23300214 , DocuSignEnvelope ID: 9D5Q4A "3C54DCB•9660-OE1ESBBC6990 4.3 Planned Operations. The City of Bryan, Brazos County and Texas A&M have a non- exclusive license to use the Rescue Vehicle according to their policies for planned operations. Authorized Police Officers of the Parties participating in a planned operation may pick up the Rescue Vehicle from CSPD. The Parties shall schedule planned operations with the CSPD Special Operations Lieutenant within a reasonable amount of time in advance ofthe planned operation. 4.4 Training Use. The City of Bryan, Brazos County and Texas A&M have a non-exclusive license to use the Rescue Vehicle according to their policies for training purposes. CSPD will maintain a training calendar. The Parties shall schedule training at least two weeks before the training with the CSPD Special Operations Lieutenant. The Parties will pick up and return the Rescue Vehicle to CSPD. If an emergency call -out happens during training, the Party using the Rescue Vehicle in training will deliver it to the call -out. V. GENERAL TERMS 5.1 We of Rescue Vehicle. If the Rescue Vehicle is sold, College Station will send each Party one quarter of the sale price less any associated expenses. 5.2 Term and Termination. This Agreement is effective on the Effective Date, which is the date the last Party executes the Agreement making it fully executed. The initial agreement term is one (1) year. The Agreement will renew automatically for successive one (I) -year terms after the initial term, until terminated. A Party intending to terminate their participation must provide written notice to .all other Parties not less than thirty (30) days before that Parry's intended termination date. Termination of participation in this Agreement by a Party or Parties does not discharge the terminating Parry's obligation to pay all accrued costs described in Section 2 up to that Part's termination date or affect the continued participation among remaining Parties. This Agreement shall continue in full force and effect and remain binding on remaining Patties after any Parry's termination. The remaining Parties will share equally in all costs related to the Rescue Vehicle, which may increase in the event one or more Parties terminates. 5.3 Ynterlocal Cooperation Act. Each Party to this Agreement is either a local government agency or an agency of the State of Texas as defined in the Interlocal Cooperation Act. Nothing in this Agreement will be construed as a waiver or relinquishment by any 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. No separate legal entity is created by this Agreement. 5A 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 all Parties. 5.5 Hold Harmless. To the extent authorized 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 Law Enforcement Rescue Vehicle ILA E 395 Pg . 66 Page 3 of 8 Contract No. 23300214 DowSign Envelope ID: gMC4AF6-s3CS 4DC&866O.OElE3BBCSSBC each other Party, its governing board, regents, officers, agents, employees and volunteers, 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, employees or volunteers, as the result of its performance under this Agreement. Each Party remains solely responsible for any legal defense and any civil liability due to the acts or omissions of their own employees. Notwithstanding any other terms in this Agreement, nothing is construed as a waiver of any legal defense or remedy of any nature to any claim against a Party. 5.6 Insurance. Each Party must maintain statutory workers' compensation coverage on its employees. 5.7 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. 5.8 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 Brazos County. 5.9 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 full authority to sign on behalf of their respective governmental bodies. 5.10 Waiver. Failure of any Party, at any time, to enforce any provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this agreement, any part hereof, or the right of any Party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived, or breach 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. 5.11 Savings Clause. If one or more provisions or terms contained in this Agreement shall, for any reason, be held invalid, illegal, or otherwise unenforceable, such invalidity, illegality, or unenforceabiiity shall not affect any other provision or term hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision or term had never been contained herein. Law Enforcement Rescue Vehicle ILA vol. 395 p g. s i Page 4 of 8 Contract No. 23300214 DocuSign Envelope ID:9D504AFS-83C5-4DCB-96604E1E38GC699C 5.12 Multiple Originals. It is understood and agreed that this Agreement may be executed in any number of identical counterparts, each of which shall be deemed an original for all purposes. 5.13 Effective Date, This Agreement is effective when signed by the last party signing, thereby making the Agreement fully executed. 5.14 Notice. Any official notices by one Party to another Party must be in writing and sent by certified mail return receipt requested, and 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 documented communication. COLLEGE STATION BRYAN Chief of Police Chief orPolice College Station Police Department Bryan Police Department PO Box 9960 301 South Texas Avenue 801 Krenek Tap Road Bryan, Texas M03 College Station, Texas 77840 Tel: (979) 2OM387 Tel: (979) 764-3605 Fa:e (979) 209-S388 Fax 97 764.3468 TEXAS A&M UNIVERSITY BRAZOS COUNTY TAMU Chief of Police Brazos County Judge Brazos County Sheriff 1231 TAMU 300 East 291b Street, Suite 114 300 East 20 Street, Suite 105 I I I 1 Res rch Parkway Bryan, Texas 77803 Bryan, Texas, 77803 College Station, Texas, 77843 Tel: (979) 361-4102 Tel: (979) 361.4148 Tel: (979) 845-8898 Fim (979) M-6593 Fax (979) 361-4170 Fax 979 862-8109 EXECUTED this the day of , 2023 by the City of College Station. CITY OF COLLEGE STATION By: P P. Mayor, City of College Station ATTEST: APPROVED City Secretary <M, ' „ b0 i City Manager City Attorney (L_56�_ AS 14 City Manager/CFO ------------------- Law Enforcement Rescue Vehicle ILA e) p g . Contract No. 23300214 Vol. Page 5 of 8 DocuSlgn Emelope ID: 9D504AF"3C5-4DCM660-DEiE386C699C EXECUTED this -the day of . 20D by the City of Bryan. : CITY OF, BRYAN Mayor, City of Bryan ATTEST: APPROVED AS TO FORM: City Secretary City Attorney Vol. 395 Pg. Law'Enforcement Rescue Vehicle ILA Page 6 of CoutmctNo.13300214 DocuSign Envelope ID: 9D504AF6-83C5.40CB-9660.OE1E3BGC699C EXECUTED this the 1 day of ALP& L L' , 2023 by Brazos County. TY O BRAZOS By: Brazos County Judge ATTEST: Clerk APPROVED: BRAZOS COT H'S OFFICE By; ' ) Brazos Cou a iff — L Law Enforcement Rescue Vehicle ILA Vol. 395 Pg. 7 Contmot No. 23300214 Page 7 of 8 Docuftn Envelope ID: 9DSO4AF6.83CS40CM660-OE9E33SC699C EXECUTED this the 24th day of February 2023 by Texas A&M University. TEXAS A&M UNIVERSITY D*=mob: By. Dean K. Endier University ontiracts Officer Law En meementRescue Vehicle MA va. 3 9 5 Pg. 71 Page 8 of 8 Cosrtraat No. 23300214 Doc uSign Envelope ID: 9MD4AFG-83C5-4DM986Q-0E1EaB6C698C TEXAS A&M UNIVERSITY OFFICE OF UNIVERSITY RISK, ETHICS, AND COMPLIANCE To Whom It May Concern, p M TEXAS M,.M I. u�ri ERs.3,mr.' January is, 2023 You have requested information regarding the insurance provisions of Texas A&M University. I am pleased to provide you the following information: The Texas A&M University System is self -insured for Workers' Compensation Insurance provided by Chapter 502 of the Texas Labor Code. Benefits are provided in accordance with the provisions of that law. The liability of The Texas A&M University System for personal irljury and property damage is controlled by the Texas Tort Claims Act, V.T.CJL Civil Practice and Remedies Code, Chapter 10I, Section 101.021. The limits of liability are $250,000 for each person, $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property. Following this limited exposure, the System as a state agency, is protected by the doctrine of sovereign immunity, and as such, is self -insured up to the aforementioned limits. State-owned vehicles of universities and agencies of the Texas A&M University System are exempt from compulsory liability insurance requirements of the State of Texas. This exemption appears in Subtitle D Motor Vehicle Safety Responsibility Chapter 601 Motor Vehicle Safety RgUonsibillp! Act: Subchapter A General Provisions: Section 007 Apnlicability-of Chapter to Government Vehicle. As such, auto liability coverage is provided under The Texas A&M University System Auto Liability .Plan with the following limits of $250,000/$500,000/$l 00,000. I trust the above information will provide the necessary insurance information needed by your organization. if I can be of any further assistance, please let me know. Sincerely, Jason Boyle Risk Manager 1182 TAMU College SWIM TX 77843-1182 Tel. 979.845:285o www.tamuedu Vol. 395 Pg. % CONTRACT & AGREEMENT ROUTING FORM 'Cay OF COIJ.I w STATtOv CONTRACT#: 23300294 PROJECT#:N/A BID/RFP/RFQ#: N/A Howgf]ewAdM t'Jriv WV Project Name / Contract Description: Law Enforcement Rescue Vehicle lnteriocal Agreement Name of Contractor: COB,TAMU and Brazos County Cufirteroilvehletecost CONTRACT TOTAL VALUE: rr,� ntenan_oa u "elSrant Funded Yeso No 0 If yes, what is the grant number: Debarment Check ❑ Yes M No Q N/A Davis Bacon Wages Used ❑ Yes No[] N/A Section 3 Plan Incl. ❑ Yes 7 No Q N/A Buy America Required l._l Yes ❑ No Q N/A Transparency ReportYes No a N/A 0 NEW CONTRACT ❑ RENEWAL# F�CHANGF ORDER # OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budgetvs. actual cost, summary tabulation) tntertocal Agreement between entities to share expenses fora reglonat rescue vehicle. * N/A (if required)* CRC Approval Date : Council Approval Date*: 3/9123 Agenda item No*: --section to be completed by Risk, Purchasing or City Secretary's Office Only — insurance Certlflcates: Performance Bond: Ri/A Payment Bond: NIA Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL ems-'— DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT -a ASST CITY MGR — CFO LEGAL DEPARTMENT APPROVED & EXECUTED E7,14#11,6 L 03e6 CITYER - aP%ze—, - MAYOR Of pp4wble) CITY SECRETARY (If appRcabtej 3/30/2023 DATE 3/30/2023 DATE 3/30/2023 DATE 3/31/2023 DATE 3/31/2023 DATE 4/3/2023 DATE —avwlts)sent to CS0 on scanned fro WN — 355 Pg: = to ,on Vol. Why Clio As a leader in the legal technology space, Clio provides the most widely used, highest rated, cloud -based software for legal professionals around the world. " • industry leader. Clio is the undisputed leader in cloud -based legal technology, offering practice management, CRM, and client intake software. • Highest approval. Clio has earned the most 5-star reviews out of any other legal software, the approval of over 65 bar associations and law societies around the world, and a global user base of 150,000 legal professionals. • First to market. Clio was the first to bring cloud -based legal practice management software to market in 2008, paving the way for the first suite of client -centered law firm solutions. • Thought leadership. Clio continues to lead the industry each year with groundbreaking research included in the Legal Trends Report and the Clio Cloud Conference, the most widely attended legal tech conference in the industry. Our Pr®duCts Clio Manage -Legal practice management software Our most popular product —the industry's leading legal practice management software to help manage clients, organize cases, and automate tedious tasks and month -end billing. Clio Grow -Client intake and legal CRM software Our client intake and legal CRM software to help standardize the client intake process, build strong relationships, and get powerful data insights.to grow your firm. The Clio Advantage 24/5 Support Get exceptional customer support from an award -winning team dedicated to your success. �y Security Protect your clients' information and your firm's data with industry -leading security. * 125+ Integrations With over 125 integration partners, Clio provides more options for law firms to tailor workflows'to their specific practice needs. M Clio Mobile App Working from the cloud allows your firm to work securely from anywhere, from any device Vol. _ 3 5 Pg 7 5 2022 Themis Solutions Inc. 114 Clio Migrations and Onb®arding Services Begin your post -sale experience with Clio's outstanding team of Data Migrations and Customer Onboarding Specialists. Trust our teams to bring in your previous data, and coach you through product adoption. • Data transformation. Trust our team of experts to assist you in identifying the right data to match our system, and bring into your new live environment. • Coaching. Not only do you get first class training on our product and how it'll work best in your practice, but we'll ensure you're seeing value ASAP. Stakeholders Brazos County Public Defender's Office Nathaniel T. Wood NTWood0brazoscount t�x.gov Natalie K. Hays NKHays0brazoscount bro.gov Cuo Vanessa Le, Account Executive va n essa.l a Cad ct i o. co m Vol. 395 Pg. r1 f=l 2022 Themis Solutions inc. 2 a Your Investment Subscription Type Clio Complete rm , wo y;tK earl,pr.I l . �03 arch2) Payment Method Check Clio Essentials License $69 10 10% $62.10 $621 r�ltr7l COStIietlEl Clio Manage Migration Services Included Clio Manage Training Services Included �3Y��.�- x �'" '� S`F ns'���x t-�"r 3:r+��'rc�4 "��'�c�A�7��"''§ :�--���xaa �6a��^�' ��� � �-s'� �}�'•�P�;.3 �iOnT�''�A:'� rr_� 4 .,�, 7x� S ,. - � '•3t' k '� sE�ttv.� .x �� ?�, �� 2 .y, .r. ,w_;. � �•-z. ... r �` �` Terms and Conditions Standard Terms * Additional users may he added throughout the duration of the agreement at a prorated amount 2 By accepting this Service Prop osal, you agree toClio'sStandard Terms ofServiceasdisclosed at yyl; has 3. No refunds or credits MU be issued for partial periods of service, suhsWptlon upgrades a downgrades, or periods unused with an active subscription, including but not limited to acoourn cancellation and removal of userlirenses or In connection with anyonboatdiog or data migration services. a, iryoucancelthesubscriptionwithintherust22months(the"TermCommliment'),youagreethattheentireunpaidbalancefortheTermCommitmentwillimmediatelybecomedueandpayable with no payment adjustments for unused services orforthe removal of anysubscribersdudng that period. 5. Whileall services WM be delivered In accordance with industrybest practises, Cho makes no warranty 029 onlroarding ardata tn!WzUon serviceswilL meet allofyourexpectBtlons orrequirements orwUibe""oryourparucular u Signature: Title: FU ULX0 CO Name: 1 UPOA JE 9t6T(Zle-!� Date: 1 $ I a3 Vol. 3 3 5 Pg.77 0 2022 Thentis Solutions Inc. 3/4 BRAZOSCOUNTY ADDENDUM TO CLIO TERMS OF SERVICE This Addendum to Clio Terms of Service ("Addendum") is entered into by Brazos County (the "County") and Themis Solutions, Inc. dba Clio ("Clio"). This Addendum shall -be attached to, and incorporated into, Clio's North American Terms of Service located at hMs://www.clio.com/tos/, ("ToS"). As used below, "Contract" means this Addendum and the ToS. To the extent there is any conflict between the Addendum and the ToS, the terms of this Addendum shall control. A. Governing Law and Venue. This Contract shall be governed by and construed in accordance with the Iaws of the State of Texas. All disputes arising under this Contract will be resolved by the state and federal courts of the State of Texas. By their signatures below, the parties to this Addendum agree to the terms, conditions, and content expressed herein. Themis Solutions, Inc. dba Clio fro Cou FDoccuSigneed by: —� Aril 13, 2023 i 3 Au offrL8-ffEffogfure Date Authorized Signature Date Ronnie Gurion (Chief Operating Officer) LLA 0 E PE - es , ®L.P9-t"Y Name/Title (Printed) Name/Title (Printed) �.01&XAtew 395 --_ Appendix C STATEMENT OF WORK Oracle Cloud FIN and HCM Remediation Brazos County 4/5/2023 Vol. 395 Pg. Contents 1. Introduction and.Background 2. Scope 3. Deliverables 4. Delivery Schedule and Pricing 5. Period of Performance 6. Invoices - 7. Deliverable Expectation Document Vol. 3 9 5 Pg. 8 I.. Introduction and Background Brazos County ("County") issued an RFP for Enterprise Resource Planning Software and awarded a contract to Oracle Consulting Services in February 2019. Modules included were ERP, HCM, EPM, and OIC for their system including work orders, permits, inventory, A/P, A/R, etc., that would be integrated with Oracle. Each phase was implemented as follows: ERP- 5/2020, HCM-1/2021, EMP- 3/2021. The implementation and subsequent use of Oracle has encountered challenges and has a few gaps and issues the County would like to address and fix. This could include configuration, set-up, business processes, or training. Consultants conducted an application assessment in late 2021—early 2022 and presented a document containing recommendations for possible remediations for identified issues or suggestions to make better use of the existing application. Consultants presented the Finance and Human Capital Management tasks in the "Brazos Fusion FIN_P2P PNG Cloud Assessment Report— FINAL" (Addendum 1) and "Brazos HCM Fusion Health Check updated 20220720" (Addendum 2). The topics were listed with a priority order for Finance and Human Capital Management rated based on the impact to the business at Brazos County. County has asked Consultants to conduct an Oracle Cloud FIN and HCM remediation project as described in additional detail in Section 2 - Scope. Project: Brazos County Oracle FIN and HCM Remediation The County is executing this Statement of Work for Deliverables -Based IT Services (DBITS) for Consultants, per PMCS Services, Inc. State of Texas DBITS contract DIR-CPO-4959. 2. Scope The tasks documented below will be performed for this Statement of Work and are part of the assessment and health check reports noted above. The project is recognized as being a high priority for County and PMCS/Highstreet resources. As such, County and PMCS/Highstreet will meet every two (2) weeks in a status meeting to review project progress including identifying any resourcing risksto the project and develop and execute corrective action plans. ,County is responsible to perform the steps to move the tasks to production that Highstreet documents as described in this Section of the SOW. PMCS/Highstreet will provide weekly written status reports to the County. • PMCS/Highstreet will provide documentation explaining the steps to migrate each of the tasks listed in this section of the SOW in support of the Oracle FIN and HCM FIN remediation project, from the non -production environment to the production environment. PMCS/Highstreet will provide one (1), two (2) hour knowledge transfer session to walk thru the documentation with Brazos. Brazos will perform the steps to move the tasks into production. E 395 Pg. 81 6 . . . .. Human Capital Management HCM Priority 1 Tasks: 1. Topic 1. Re -engineer HCM Groups. 2. Topic 5. Remove unnecessary or redundant Work Schedule Assignments. 3. Topic 6. Change Work Schedules to better handle one hour lunch and Absences for less than 4-hour blocks. HCM Priority 2 Tasks: 1. Topic 2. Re -engineer Line Manager usage. 2.- Topic 3. Review Sheriff's Office Org Chart/Line Manager configuration and process. 3. Topic 11. Correct Child Support configuration. 4. Topic 23. Remove the Future Accrual View in Absence Records. 5. Topic 26. Review and correct Benefits Rate Rounding. 6. Topic 34. Implement Retroactive Pay. 7. Topic 35. Create an Election Workers Tax Fast Formula. Vol. 3 9 5 P9 8 2 7 51 HCM Priority 3 Tasks: 1. Topic 4. Research .whether. the. Refresh Manager Hierarchy process or Synchronize Person Assignments from Position is the better choice to update reporting when an employee separates. 2. Topic 9. Perform only one Final Close at the end of the year. 3. Topic 10. Conduct Knowledge Transfer related to Employee rehires. 4. Topic 13. Conduct knowledge transfer for FMLA and retro-pay. S. Topic 18. Conduct foundational knowledge transfer for Oracle Reporting. 6. Topic 20. Create View Only Roles for Timekeepers. 7. Topic_24. Review Oracle seeded Length of Service (LOS or Seniority) functionality. 8. Topic 25. Review new hire merge functionality. 9. Topic 27. Review seeded Total Compensation Statement. 10. Topic 28. Develop a custom Benefits Summary Report. 11. Topic 30. Develop a custom Element Mapping Report. 12. Topic 31. Adding Absence to the Timecard for Administrators. 13. Topic 32. Review Financials Budgeting Group in Step Chart vs. Ladders, Grade, and Grade Steps. 14. Topic 37. Discuss best practices for FMLA, ADAAA, SLP, WC. HCM Priority 4 Tasks: 1. Topic 16. Determine if Audit History provides value for Brazos. 2. Topic 19. Use seeded functionality to view Candidate Applications. Financials (Enterprise Resource Planning) Financial Tasks: 1. FIN1: Change the rule for Bank Reconciliation for AR Receipts. 2. FIN2: Update pooled account settings. 3. FIN4: Adjust Fund balancing rules. 4. FINS: Change Auto Accounting rules default for AR Transactions. S. FIN6: Change Invoices Control Asset Category Process. Procurement Tasks: 1. P2111: AP Reports for Balance Sheet Detail. 2. P2P2: Prevent purchase order overages. 3. P2P3: Invoice modification in approval workflow. 4. P2P4: Close POs with remaining balance. S. P2P5: Transaction Ledger for Encumbrances. 6. P2136: Configure Retainage. Vol3 9 5 E Pg. g u 7. P2P7: Upload Items to Catalog. B. P2P9: Correct P.rocurement.contractfunctionality. if any additional work is required to conduct design sessions, modify configuration, map and convert data or establish integrations to other oracle Cloud orthird-party applications, Consultants will provide a Level of effort estimate and the associated fees. If the parties agree, they will execute a change order per the process defined in Exhibit 2 below. Vol. 395 Pg. ---RA 9 3. Deliverables Completed Oracle Cloud FIN and HCM remediation tasks as noted in Section 2. Assumptions • The County will provide Consultants system administrator access to a non - production environment. • The County will provide Consultants access to OIC and any related Oracle Infrastructure • Estimated project duration: I. HCMAemediation Tasks: seven months ii. ERP/Finance Remediation Tasks: six months • Customer will provide the necessary County SME to support testing and other activities to evaluate the FIN and HCM business processes and configurations. • Any additional requests or findings other than those defined in Section 2 will require a change order. • The evaluation of the current state of business processes will necessitate the execution of those business processes. The County will provide suitable data in the source systems. • The services will be performed remotely by Consultants. 4. Delivery Schedule and Pricing Vol. 3 9 5 pg. 10 peiverabIe� Delr¢e�rati " Q �- p012-IM-i Sprint Report #1 comprised of: April 2023 1 $ 70,725.00 Topic 1. Re -engineer HCM Groups. FIN1: Change the rule for Bank Reconciliation for AR Receipts, FIN2: Update pooled account settings. FIN4: Adjust Fund balancing rules. Z Sprint Report #2 comprised of- May 2023 $ 70,725.00 Topic S. Remove unnecessary or redundant Work Schedule Assignments. 3 Sprint Report #3 comprised of- June 2023 $ 70,725.00 Topic 6. Change Work Schedules to better handle one hour lunch and Absences for less than 4-hour blocks. Topic 2. Re -engineer Line Manager usage. FINS: Change AutoAccounting rules default for AR Transactions. FIN6: Change Invoices Control Asset Category Process 4 Sprint Report #4 comprised of: July 2023 $ 70,725.00 Topic 3. Review Sheriffs Office Org Chart/Line Manager configuration and process. Topic 23. Remove the Future Accrual View in Absence Records. P2P1: AP Reports for Balance Sheet Detail. 5 Sprint Report #5 comprised of: August $ 39,100.00 Topic 11. Correct Child Support configuration. 2023 Topic 26. Review and correct Benefits Rate Rounding. P2P2: Prevent purchase order overages. P2P3: Invoice modification in approval workflow. P2P4: Close POs with remaining balance. P2P5: Transaction Ledger for Encumbrances. 6 Sprint Report #6 comprised of: September $ 39,100.00 Topic 34. Implement Retroactive Pay. 2023 Topic 4. Research whether the Refresh Manager Hierarchy process or Synchronize Person Assignments from Position is the better choice to update reporting when an employee separates. Topic 9. Perform only one Final Close at the end of the year. Topic 13. Conduct knowledge transfer for FMLA and retro-pay. Topic 18. Conduct foundational knowledge transfer for Oracle Reporting. 7 Sprint Report #7 comprised of: Topic 00: Visiting Judges' Topic 20. Create View Only Roles for Timekeepers. Topic 35. Create an Election Workers Tax Fast Formula. Topic 10. Conduct Knowledge Transfer related to Employee rehires. P2P6: Configure Retainage. P2P7: Upload Items to Catalog. 132139: Correct Procurement contract functionality. October 2023 $ 39,100.00 $ Sprint Report #8 comprised of: November $39,100.00 Topic 24. Review Oracle seeded Length of Service 2023 (LOS or Seniority) functionality. Topic 25. Review new hire merge functionality. Topic 27, Review seeded Total Compensation Statement. Topic 28. Develop a custom Benefits Summary Report. Topic 30. Develop a custom Element Mapping Report. Topic 31. Adding Absence to the Timecard for Administrators. Topic 32. Review Financials Budgeting Group in Step Chart vs. Ladders, Grade, and Grade Steps. Topic 37. Discuss best practices for FMLA, ADAAA, SLP, WC. Topic 38. Demonstrate how to create and manage HCM Journeys Topic 16. Determine if Audit History provides value for Brazos. Topic 19. Use seeded functionality to view Candidate Applications Total: $ 439,300.00 ' County has requested to add Visiting Judges functionality to the SOW. This was not included in Addendum 3.orAddendum 2. Visiting Judges Background: When a visiting judge fills in for an assigned/elected judge, Brazos needs a way to adjust the costing of their hours so that it is costed to the correct department. As such the current setup needs to be modified. The current setup has two independent time entry layout components that are text fields that do not connect to payroll orthe GL so the values are not passed to element entries from the time card. Oracle Support has informed Brazos that to correctly setup the cost override, the following actions are required which will be performed by Highstreet as part ofthis CO. I. Assign default costing to the employees. 2. Create "Apply Cost Override to Calculated Entries" rule and rule set. 3. Enable cost override for the 'Temporary Pay" time type on the "Brazos Payroll Type" Time Entry Layout Component v v v $ l 12 Vol. pg. a. Include Regular Pay as this is also required for overriding the payroll costing, as needed by the employee. 4. ' Remove the "Brazos Cost Center" and "Brazos Account" time entry layout components. g. Create new versions of the "Brazos Cost Center" and "Brazos Account" as dependent components to the 'Brazos Payroll Type" component. 5. Create new custom time attributes to replace "Brazos Cost Center" and "Brazos Account Field." a. Run the Generate Data Dictionaryjob after creating the Custom Time Attributes 7. Create new value sets for "Court Support Cost" and "Division Brazos Co Ledger" that need to have all of the possible options for account and division respectively. These may be able to be loaded. 8.. Update.Cost Allocation Key Flex Fields for.Account and Cost Center with new value sets g. Deploy new Cost Allocation Key Flex Fields 20. Update Layout Sets with new dependent components in the Cost Override layout. a. Brazos may choose to add the same fields to the Calculated Responsive Layout to allow managers and employees to see the override. 5. Period of Performance Period of Performance is estimated to be April 2023 — December 2023. 6. Invoices Payments will be made in accordance with Appendix A of the Contract. 7. Deliverable Expectation Document Consultants would create a sprint report deliverable to provide an opportunity for the County to review the work conducted for the project. Sprint report(s) are listed in this SOW Section 4 — Delivery Schedule and Pricing and would .include the submission of the Sprint Report at the completion of the sprint(s). County would review the submitted report, and accept it as complete per the acceptance criteria described in this Deliverable Expectation Document (DED): Vol. 395 Pg. 8 8 13 Del�verabrle#;1 flelEuerable�Name:r-Spr�ntReport `R�r{ ^;,1•: s ' +r, � `'•7"+� v � �..� 4 �<y ,(11 t j. pn vt%1se4 ,�` y:� -s''- <„ sry adl I m � a.�s flelt�erable Mat,MS Wortl � ���t i ^`f,� �,� Nse'i � i 1 , � - 0. d ' � �; � •} `4.�; y. �: ? t '"f�.�� �F � is - 5G � :[ M +':-..,• "y-rau_;il% � „! �"at i"�. a .:= � il.d ti � �° :..a t t ' _ � ` r .' i Fn i r '��::.�^��.xiq�.i� x .T ��1�, I III:��jf�, ,`T�. Del�verableSubmisslon=.Date{: z �"'k�� x i �x;� �DeflvereRevlew.P��~� eriod � abl q* a..�;'k,x -Del"A ble'Completton Date YDeliiiei'able Acceptance::Crlterla� = Tor,Sprint(s), Consultanfsshall submit a Spnnt Report to provide County I rmatlon about the ;mot f �, r aciivltie5�IncludecF ��n<fhe Sprint a n F,^ a r _ ti` s� a v N � < s. .�+ y,III � - �•- .�.' -4- SF r., _ � { �" C :w_.i�3- Brazos County Specific Content of Clarifying Description of Check -off of Deliverable Deliverable Content Specific Elements (for use during review Product Backlog Based upon Scope identified in the SOW, and County's input of highest ❑ Yes ❑ No priority processes and systems, a flexible prioritized product backlog would be used to determine which items would be worked during each sprint. Report of activities from Description of work activities the sprint accomplished during the sprint ❑ Yes ❑ No Recommended work for Based upon the Product Backlog, and the next sprint Report of activities from the sprint, ❑ Yes ❑ No recommendations to the County of work for the next sprint Issues and Risks Report of issues and/or risks identified as a result of work during the sprint ❑ Yes ❑ No kCounty!pProval g 4 r Signatur s A,Datef.5,� ,s. 7' � ..f3 t_... • ar w n i� u� _ `< I .N.r!'fl..� h _ evA_ � 4. '�. 8. Basic Safeguarding of Covered Contractor Information Systems Addendum 3 - Basic Safeguarding of Covered Contractor Information Systems is attached to this SOW and incorporated herein by reference. Voi. 3 9 5 pg 14 IN WITNESS WHEREOF, the parties have so agreed. Accepted By: Accepted by. Brazos County PMCS Services, Inc. Name: PU R Title: C U Ld. F,"k J!A- DO 0- Date: 1 rm- Name Andrew R Smetana Title: Managing Director Date 4/5/23 Vol. 395 pg. 9 15 Addendum 1: HighstreetCP Oracle Cloud ERP Assessment Report Final Findings Deliverable Brazos County voi. 3 95 Pa. 91 t � � Confidentiality This document contains confidential and proprietary information concerning PMCS Services and Highstreet's business. Receipt of this document constitutes acknowledgment that the pages marked "CONFIDENTIAL" contain trade secrets that are confidential and proprietary to PMCS Services and Highstreet. Recipients of this document will protect and not disclose the contents herein using the same procedures and requirements by which they protect their own proprietary and confidential information. Recipients shall not, in whole or in part, disclose any of the proprietary or confidential information to any person, firm, corporation, association or other entity for any reasons or purpose whatsoever, nor shall they make use of any proprietary or confidential information for their own purposes or benefit without the prior express written consent of PMCS Services and Highstreet. If Recipient is a governmental entity that must comply with requests to disclose this document in accordance with open record laws, Recipient shall, to the extent of such open records laws, allow PMCS Services and Highstreet the opportunity to redact information from this document that constitutes trade secrets or other exceptions from the applicable open records laws. Primary Contacts: Katie Conner Brazos County Auditor Brazos County 200 S. Texas Ave., Suite 218 Bryan, TX 77803 w: (979) 361-4359 e: kconner@brazoscountytx.gov Andy Smetana PMCS Services, Inc. Managing Director 600 Congress Ave., Floor 14 Austin, TX 78701 512-587-3865 Smetana@PMCSservices.com Bruce W. Moore Vice President State and Local. Practice Highstreet IT Solutions, LLC 2600 Tower Oaks Blvd, Suite 240 Rockville, MD 20852 Mobile: 626.827.6406 Email: bruce.moore@highstreetit.com EVol. 395 P9. 93 Revision History Previous versions are no longer valid after a new.version has been published. Version Date Changes Author 1.0 1/18/2022 Initial Draft - Procurement Jennifer Morgart 1.1 1/21/2022 Added Financials content John Edwards 1.2 2/28/22 Added Project Portfolio Content Joe Spurgeon 1.3 3/15/22 Addressed Brazos feedback Bruce Moore 2.0 5/2/22 Final version with estimates Bruce Moore 2.1 7/29/22 Addressed Treasury' comments Bruce Moore 2.2 8/15/22 Updated with changes from final review Bruce Moore Vol. 395 _ Pg. 9 18 Prepared By: Company: PMCS Services, Inc. and Highstreet IT Solutions, LLC Contributors: Andy Smetana Managing Director m: 512.587.3865 e: smetana@PMCSservices.com Bruce W. Moore Vice President m: 626.827.6406t e: bruce.moore@highstreetit.com Jennifer Morgart Principal Consultant, Procure to Pay John Edwards Principal Consultant, Finance and Budget Joseph Spurgeon Principal Consultant, Project Portfolio Management P9•- 19 Table of Contents Preface 21 • Document Format 21 • Procurement 23 • P2P Topic 1—AP Reports for Balance Sheet Detail 23 • P21? Topic 2 — Purchase Order Overages 24 • P21) Topic 3 — Invoice modification in approval workflow 24 • P2P Topic 4— Close POs with remaining balance 25 • P2P Topic 5 —Transaction Ledger for Encumbrances 25 • P2P Topic 6 — Configure Retainage 26 • P2P Topic 7— Upload Items to Catalog 26 • P21) Topic 8 —Evaluate GovSense Work Orders 27 • 132P Topic 9 — Correct Procurement contract functionality 27 • Project Portfolio Management (PPM) 28 • PPM Topic 1—Conduct End to End Testing and Discovery of PPM 28 • PPM Topic 2 — Change budgetary control for Funds Checking in PPM 29 • PPM Topic 3 — Remove Project Owning Organization Defaults 30 • PPM Topic 4 — Convert Active Projects and expenditures 31 • Finance 31 • FIN/Cash Management Topic 1— Change the rule for Bank Reconciliation for AR Receipts 31 • FIN/Cash Management Topic 2 — Update Pooled Account settings 32 • FIN/Controlled Budgets Topic 3 — Update Budget Manager Role 33 • FIN/Intercompany Accounting Topic 4— Define more granular intercompany rules 33 • FIN/Accounts Receivable Topic 5 — Change AutoAccounting rules default for AR Transactions 34 • FIN/Fixed Assets Topic 6 — Change Invoices Control Asset Category process 35 J Vol. 3 5 _ Pg. 95 20 Preface Brazos County is currently using the Oracle Cloud Finance and HCM pillars with the following modules: GL, Accounts Payable, Accounts Receivable, Fixed Assets, Procurement, Budget and Project Portfolio Management. Oracle Cloud Financials was implemented in 05/2020. Since that time Brazos has largely used Core Financials and Procurement successfully, with some outstanding issues to be addressed. Those issues were the topic of the assessment below. Brazos also owns Cloud Project Portfolio Management, but never really used it after implementation because of its complexity and because the cost/benefit for using it wasn't clear. For this assessment the project team followed a format including interviews and research in the non -production environment. This typically included one web session per module to interview key participants, followed by research in non -production. From this the consultant developed additional questions or in some cases -was able to recommend a solution immediately. If the consultant had questions, they led a second interview with personnel who could answer them. At the end of this process the consultant documented issues and provided recommendations for solutions. Estimates for the functional and technical effort for both PMCS/Highstreet personnel and Brazos employees will be provided in a separate spreadsheet. As a final step, the project team will walk through the final document with Brazos together with the estimates for each solution. The objective will be to identify the priority for each item so that work can be conducted in the most efficient and effective manner. Document Format This document provides the analysis of the findings discovered during the assessment sessions conducted for Brazos County. It is designed for readability and easy retrievability. The document is separated by functional areas, such as Accounts Receivable, GL, etc. Within each functional area, the document topics cover functions that were discussed during the assessment. Once described, each section is divided into 5 areas: • Recommendation: This identifies whether a recommended action should be followed. If there is no change to be made to the function of this submenu element(s), the word "None" is stated, signifying the institution may continue to process as usual. If the consultants recommend action should be taken, a unique identifier is placed immediately after the Recommendation. For example: Recommendation FIN 1.0 indicates that action is recommended for this function. If a Recommendation is provided, all sections described below must be completed. The choices for Recommendations are chosen from the following actions: • As Is = Product will be used as is. New version will not provide benefit differently. • Will Not Use = The function is conducted in a way that does not require Cloud functionality. • Implement = Leverage the new functionality discussed during the assessment. • Re -engineer = Change the way the current functionality is used. • Background: This describes the present functionality identified during the assessment sessions. The Recommendation can be understood given this Background (History)discussion. Background is included in topic, even if no action Is required, to indicate this function was discussed. If a recommendation is. proposed, this Background section will provide information as to why a recommendation is proposed. • Elements/Tasks in Recommendation: This will remain blank unless a specific action is Vol. Pg. 21 recommended. A unique identifier, based upon the Recommendation identifier, is provided for each action. Thus, under Recommendation FIN1.0, the first action has an identifier as FIN 1.1. The next action in the section is incremented by 1- FIN 1.2, FIN 1.3, etc. Each topic has its own number. Where identified actions will benefit from consulting assistance and priority and functional and technical effort will be provided a spreadsheet to allow the Project Team to prioritize and filter the various recommendation action items. The spreadsheet will be provided when the assessment is approved. Where External/Consulting Assistance can be leveraged: This describes how the Brazos County may leverage PMCS/Highstreet personnel to assist in implementing the recommendation. Benefits to Recommendation: This describes the benefit to making the recommended adjustments. 22 Procurement Procure to Pay (P2P) P21) Topic 1—AP Reports for Balance Sheet Detail Recommendation P2P 1: AP Reports for Balance Sheet Detail Background • Brazos needs to be able to run reports for the detail of an amount sitting in a balance sheet account such as the control account payable account as of a point in time. This supports analyzing to determine what is outstanding. A report that can show just the detail of the balance would make it easier to find these than a report pulling all transactions. This includes: ■ Need to see beginning and ending balances, detailed transactions with encumbrances ■ Need to be able to filter transactions by Natural Account ■ Need to be able to filter by a date range ■. Need to be able to filter by subledger module ■ Need to view Unpaid Invoices Need detail for AP balances at a specific point in time ■ Need to view both debit and credit lines ■ Need full line details and header information - No Due Date, Requester, Invoice Group, and No Payee Address • Elements/Tasks to Recommendation: • P2P 1.1 Create functional specification for Detailed Account Balances report for AP transactions. • P2P 1.2 Develop report • P2P 1.3 Iterative testing of report • P21) 1.4 Approve report and move to production Where External/Consulting Assistance can be leveraged: • P2P 2.1 PMCS/Highstreet will work with Brazos to develop the functional specification. • P2P 1.2 PMCS/Highstreet will develop, and unit test the report. • P2P 1.3 PMCS/Highstreet will work with Brazos during iterative testing and rework. • P2P 1.4 Brazos will approve and promote the report to production. • Benefits to Recommendation: This report makes reconciling/processing these transactions -much easier since it allows selection of specific transactions rather than requiring the Brazos team to search through all transactions for a specific period of time. Vol. 3 49 4_ pg 23 P2P Topic 2 Purchase Order Overages • Recommendation P2P 2: Prevent purchase orderoverages • Background Brazos needs to be able to establish a percentage of the original purchase order as a buffer for overages when submitting an invoice for payment. Currently two-way matching is used, but three-way matching should not be ruled out for the future. • Elements/Tasks to Recommendation: • P2P 2.1 Configure the new setup • P2P 2.2 Conduct testing with Brazos • P2P 2.3 Approve functionality and move to Production • P2P 2.4 Update documentation • Where External/Consulting Assistance can be leveraged: • P2P 2.1 PMCS/Highstreet will modify the system configuration to support the new solution. P2P 2.2 PMCS/Highstreet will test the change with Brazos. P2P 2.3 Brazos will approve functionality and move to Production. P2P 2.4 PMCS/Highstreet will update setup documentation, together with a recommendation for how to use three-way matching. • Benefits to Recommendation: A Purchase Order buffer will be created for invoice and payment making it easier to process POs without manual research and rework. P2P Topic 3 — Invoice modification in approval workflow • Recommendation P2P 3: Conduct Discovery to determine how to provide ability to mark an invoice as a "4 Final" and/or edit invoices in approval workflow • Background • . Brazos needs the ability to either disable end •users from marking an invoice final or some way to edit the invoice after it has been submitted with the final payment box checked. ■ 50+ users currently enter invoices ■ Approvers need the ability to edit invoices while in workflow ■ Prevent users from marking an invoice final box. PMCS/Highstreet needs to perform some additional discovery to develop a comprehensive solution. ■ Would like to be able to update an invoice number after the invoice has been marked as final. ■ Currently if an invoice is -incorrect, a credit memo is applied, a new invoice is created, and the purchase order needs to be reopened. • Brazos has INC99462 open for this issue. There are 2 places in the invoice work area where "Final Close" can be marked, but one of them (sandbox) cannot be hidden via personalization. Highstreet will review to see if this can be hidden. Elements/Tasks to Recommendation: • P2P 3.1 Conduct additional Discovery to workflow requirements • P2P 3.2 Research options • P2P 3.3 Develop estimate of effort and benefits for Brazos Vol. 3 95 ._ pg. (� 24 • Where External/Consulting-Assistance can be leveraged: • P2P 3.1 PMCS/Highstreet will conduct an additional Discovery session. • P2P 3.2 PMCS/Highstreet will do research to determine best solution and develop a recommendation. • P213 3.3 PMCS/Highstreet will develop the estimate to complete the work. • Benefits to Recommendation: Determine if it possible to prevent end users from editing an invoice after it has been submitted forthe final payment. If this is possible it saves manual research and correction after an edit has already happened. This reduces manual work and reduces the risk of incorrect data. P2P Topic 4 Close POs with remaining balance • Recommendation P2P 4: Close Purchase Orders with a remaining balance • Background • Brazos currently identifies and manually closes purchase orders with remaining balances below a meaningful financial amount one at a time. Brazos needs the ability to automatically close POs that have a balance of $5.00 or less remaining. • Elements/Tasks to Recommendation: • PZP 4.1 Create the new setup • P2P 4.2 Test • P2P 4.3 Approve functionality and move to Production • P2P 4.4 Update documentation • Where External/Consulting Assistance can be leveraged: P213 4.1 PMCS/Highstreet will set up a screen share with Katie to determine why error messages are happening. P2P 4.2 PMCS/Highstreet will assist Brazos in testing the change. P211 4.3 Brazos will approve functionality and move to Production. • P2P 4.4 PMCS/Highstreet will -update the setup documentation. Benefits to Recommendation: Brazos will have the ability to automatically close POs that have a balance of $5.00 or less remaining. This will save the significant manual effort to identify and close these one at a time. An automated solution is also more likely to catch all related POs. P2P Topic 5 — Transaction Ledger for Encumbrances • Recommendation P21) 2: Provide a report for a transaction ledger for encumbrances. This will be a custom report to view detailed invoice lines and purchase order distribution balances available to desired users. • Background • End users need to be able to see a transaction ledger for encumbrances so they can see the original amount reserved, all releases or increases of reserves and the current balance on the purchase order. Brazos currently uses the seeded Budgets to Actual report that is unable to filter by encumbrances and the data is too cumbersome to read. Would like to be able to remove the Commitments column from the report. Brazos also uses a custom Open PO report but not all users can view it. Brazos needs a 395 Vol. Pg. 100 25 report that lists invoices and encumbered transactions that includes change orders and any changes to an invoice -The report needs to include a column that lists all invoices that have been matched to a PO. • Elements/Tasks to Recommendation: • P2P 5.1 Create functional specification • 1321) 5.2 Develop the report • P21) 5.3 Conduct Iterative testing • P213 5.4 Approve report and move to production • P21) 5.5 Update documentation • Where External/Consulting Assistance can be leveraged: • P21) 5.1 PMCS/Highstreet will work with Brazos to develop the functional specification. • 13213 5.2 PMCS/Highstreet will develop, and unit test the report. • P2P 5.3 PMCS/Highstreet will work with Brazos during iterative testing and rework. • P2P 5.4 Brazos will approve and promote the report to production. • P2P 5.5 PMCS/Highstreet will update the setup documentation. • Benefits to Recommendation: • Desired users will be able to the review the encumbrance original amount, reserved, increases and the current amount. P2P Topic 6 — Configure Retainage • Recommendation 13213 6: Configure Retainage • Background: Brazos needs the ability to create a Purchase Order with a retainage amount, however Retainage has not been enabled in their system. When Brazos attempted to do this, it only allowed one fund. • Elements/Tasks to Recommendation: • P2P 6.1 Create the new configuration to make Retainage available • P21) 6.2 Test • P21) 6.3 Approve functionality and move to Production • 132P 6.4 Update documentation • Where External/Consulting Assistance can be leveraged: • 132P 6.1 PMCS/Highstreet will configure the system. • P213 6.2 PMCS/Highstreet will test the configuration with Brazos and conduct any rework. • 1321P 6.3 Brazos will approve functionality and move to Production. • P21P 6.4 PMCS/Highstreet will update the setup documentation. • Benefits to Recommendation: • Retainage will be properly managed in the Cloud application. P2P Topic 7— Upload Items to Catalog • Recommendation 13212 7: Correct the template used to upload items to a Catalog • Background Vol. 3 9 Pa. 101 26 Brazos uploads items to a Catalog via File Import and Export because the seeded template is not working. Elements/Tasks to Recommendation: • P2P 7.1 Review system setup and troubleshoot the FBDI template • P2P 7.2 Test • P21P 7.3 Approve functionality and move to Production • P2P 7.4 Update documentation Where External/Consulting Assistance can be leveraged: • P2P 7.1 PMCS/Highstreet will assist in system review and troubleshooting the FBDI template. • P2P 7.2 PMCS/Highstreet will test the configuration with Brazos. P2P 7.3 Brazos will approve functionality and move to Production. • P213 7.4 PMCS/Highstreet will update setup documentation. Benefits to Recommendation: Items will upload to a catalog using the seeded template which reduces manual effort and improves accuracy. P2P Topic 8 — Evaluate GovSense Work Orders • Recommendation P21) 8: Evaluate the process of implementing GovSense software for the creation of work orders. • Background: • Brazos is currently in the process of implementing GovSense software for the creation of work orders. Oracle Inventory Management has not been purchased, and the Brazos team would like to find a third -party software that interfaces with both GovSense and Oracle Cloud. • At -this time, all materials are expensed to the Buyer's Purchasing Department, but Brazos would like the option to be able to choose. betweenexpensingan item or putting it in inventory. For example: BPAs are used for items like rocks for construction and the departments who buy these items expense them. In the future, requisitions will be created in GovSense and interfaced into Oracle Cloud. • Inventory Assets — sellable to generate cash. Expenses — are used as soon as they are received. Brazos would like to use an asset accounting string for inventory items. Elements/Tasks to Recommendation: • P2P 8.1 Requirements session is needed for GovSense impact on Oracle. • Where External/Consulting Assistance can be leveraged: • P2P 8.1 PMCS/Highstreet will lead a Discovery session to gather and document requirements for this new process. • Benefits to Recommendation: • A clear picture of how GovSense and Oracle will work together to provide the desired functionality. P2P Topic 9 — Correct Procurement contract functionality • Recommendation P2P 9: Correct Procurement contract functionality • Background Vol. — Pg. 27 • Brazos is having various issues with the seeded Procurement/Contracts functionality and -also needs training in -how to develop and maintain contracts. Elements/Tasks to Recommendation: • P2P 9.1 Review and troubleshoot the current Contracts configuration and currently developed contracts. This will involve significant Discovery, research, potential reconfiguration and testing. Depending on the volume of issues to be discussed the scope might need to be adjusted. This effort will also require significant participation from Brazos to perform knowledge transfer. • PZP 9.2 Test • P2P 9.3 Train Brazos in using contracts functionality • P2P 9.4 Move to Production • P2P 9.5 Update documentation • Where External/Consulting Assistance can be leveraged: • P2P 9.1 PMCS/Highstreet will assist in troubleshooting the system. • P2P 9.2 PMCS/Highstreet will update configuration and templates as needed and train Brazos to develop and maintain Contracts functionality. • P2P 9.3 Brazos will correct existing contracts and move these and any modified configuration or templates to Production. • P2P 9.4 PMCS/Highstreet will train Brazos to develop and maintain contracts. • P2P IS PMCS/Highstreet will update setup documentation Benefits to Recommendation: Procurement/Contracts will function properly, and Brazos will be able to use the functionality as intended. This will allow contracts to be tracked in Cloud as intended. Project Portfolio Management (PPM) PPM.T.opic 1— Conduct. End. to End Testing and Discovery of PPM.. • Recommendation •PPM•1.0: Conduct an end -to -end test of the current PPM Capital Project configuration • Background: • Brazos implemented PPM, but never started using it because of its complexity. The current configuration is specifically designed for ease of budgeting and budgetary control on the GL. There was a significant amount of thought and effort that went into this design. Brazos should determine if the current PPM configuration meets their needs before making changes. • Elements/Tasks to Recommendation: PPM 1.1 Create an end -to -end test schedule and scenarios to include project creation, GL Budget amounts, Requisition, Purchase Orders, AP invoices, and Asset Creation PPM 1.2 Review the. SLA, how and where the values are derived. Review all processes that are required to move the transactions through the system. The test should replicate a current project and the testers should be people that would do the work in the live system PPM 1.3 Review the results of the test and determine if PPM, as configured, will meet Brazos' needs. voi. 3 9 5 pg. 103 28 • PPM 1A Develop an effort estimate and benefits for alternatives. •. PPM 1.5 Create an action plan Where External/Consulting Assistance can be leveraged: • PPM 1.1 PMCS/Highstreet will work with Brazos to provide the list of functionality to test, the SLA rules and processes and the capital projects to test. Highstreet will develop a testing schedule. • PPM 1.2 PMCS/Highstreet will lead testing of the list of SLA rules and processes needed to test the functionality. • PPM 1.3 PMCS/Highstreet will review the results of the testing with Brazos, and provide alternatives. • PPM 1.4 PMCS/Highstreet will develop effort estimates for the alternative(s) Brazos wants to consider. • PPM 1.5 PMCS/Highstreet will create a project plan to implement the selected alternative.- 0 Benefits to Recommendation: Brazos would have a clear starting point and understanding of how the system is currently configured, and the pros, cons and effort for using it as configured or with a new configuration to meet Brazos' needs. PPM Topic 2 — Change budgetary control for Funds Checking in PPM • Recommendation PPM 2.0: Change Budgetary Control so the project is funds checked in PPM and not on the GL. This applies if PPM will be used. • Background: • Brazos currently manages projects in the GL, so budget checking is tied to the fiscal year. PPM is not tied to fiscal year, so an appropriation/budget created in year one of a PPM project is available to spend throughout the life of the project. Funding can be added or removed. Budget values on.the GI, would need to be rolled forward each year to match the budget in PPM. If budgetary control is on the GL accounts PPM becomes like the GL and cannot take advantage of funding being available for multiple years. Elements/Tasks to Recommendation: PPM 2.1 Develop a list of benefits and effort for this change for Brazos to consider. PPM 2.2 Change the County Commission appropriation method for projects to a single amount. • PPM 2.3 Set Budgetary Control to check in PPM and not the GL. • PPM 2.4 Update the Financial Plan Type for Budgetary Control. • PPM 2.5 Test configuration change. • PPM 2.6 Approve and move to Production • PPM 2.7 Update configuration documents. • Where External/Consulting Assistance can be leveraged: • PPM 2.1 PMCS/Highstreet will provide information on best practices and the benefits. Highstreet will work with Brazos to identify the best method to set budgetary control in PPM and not the GL. .PPM 2.2 PMCS/Highstreet will lead the process and testing for items 2.2 through 2.5 • PPM 2.6 Brazos will approve and validate in Production. • PPM 2.7 PMCS/Highstreet will update configuration documents. Vol. 395 pg. 10 4 29 • Benefits to Recommendation: • -Budgetary Control set in. PPM. will -allow the intended use of PPM, to take advantage of funding availability for multiple years. No longer would GL balances have to be rolled forward each FYto match the budget in PPM. PPM Topic 3 — Remove Project Owning Organization Defaults • Recommendation PPM 3.0: Remove the functionality designed to have the project owning organization default as the charging organization for requisitions. The functionality should also be removed from the Payables invoice line, and AP distributions to prevent a PO and invoice mismatch. • Background: • During the PPM web sessions Brazos noted a preference to remove the project owning organization defaulting functionality on a requisition to using the true expenditure Organization. The current setup means a single organization is used on the GL to budget and funds check for a project. The drawback is determining what organization is charging the project. By having budgetary control in PPM, multiple organizations can charge the project and therefore be tracked accurately. This functionality impacts AP as well by having the project owning organization default on invoices. This functionality requires all to change or none. Elements/Tasks to Recommendation: • PPM 3.1 Conduct further Discovery and develop recommendation for this change. Confirm desired change in functionality • PPM 3.2 Remove functionality that causes the project owning organization to default on a requestion. • PPM 3.3 Return the default PPM functionality to allow the selection of an expenditure organization • PPM 3.4 Test configuration change • PPM 3.5 Approve and move to Production • . PPM 3.6 Update set up documents • Where External/Consulting Assistance can be leveraged: • PPM 3.1 PMCS/Highstreet will lead additional Discovery and develop recommendations. • PPM 3.2 PMCS/Highstreet will work with Brazos to remove functionality that causes the project owning organization to default on a requestion. • PPM 3.3 PMCS/Highstreet will work with Brazos to return the default functionality to allow the selection of an expenditure organization • PPM 3.4 PMCS/Highstreet will lead testing of the configuration change with requisitions and invoice creation. • PPM 3.5 Brazos will approve and moved to Production • PPM 3.6 PMCS/Highstreet will update setup documents • Benefits to Recommendation: • The project charging organization would be shown in PPM. It makes sense to have the project budget in one organization on the GL and defaulting that organization in PPM. If budgetary control is in PPM and not budgeted on the GL having multiple charging vol.- 3 9 5 Pg. 105 30 organizations improves visibility and accuracy and has no impact on the GL Budget. PPM Topic 4 — Convert Active Projects and expenditures • Recommendation PPM 4.0: Convert active projects and expenditures. • Background: • Projects at Brazos have been ongoing since go -live and are currently tracked in spreadsheets. This is time-consuming and can lead to inaccurate tracking and matching to GL. • Elements/Tasks to Recommendation: • PPM 4.1 Develop criteria for projects to convert such projects that are active and assets have not been created • PPM 4.2 Populate the Projects FBDI template • PPM 4.3 Load in a test instance • PPM 4.4 Validate • PPM 4.5 Approve and move to Production • PPM 4.6 Update setup documents • Where External/Consulting Assistance can be leveraged: • PPM 4.1 PMCS/Highstreet will assist Brazos in developing criteria for projects to be converted. • PPM 4.2 PMCS/Highstreet will work with Brazos to ensure required fields are populated in the FBDI template. • PPM 4.3 PMCS/Highstreet will assist in the project load. • PPM 4.4, PMCS/Highstreet will assist in verification of data. • PPM 4.5 Brazos will approve and load to Production • PPM 4.6 PMCS/Highstreet will update setup documents • Benefits to Recommendation: • Brazos will be able to track -projects -and -expenditures in PPM across fisca[years. Finance FIN/Cash Management Topic 3 —Change the rule for Bank Reconciliation for AR Receipts Recommendation FIN 1.0: Use a One to Many rule that uses a System Grouping Transaction Attribute of Remittance Batch for bank reconciliation of AR Receipts Background: • The Reference currently used for Receipts at Brazos is the Receipt number, not the Batch number. It is not possible to directly reference the Batch number value to reconcile like you can with a check number. It is possible that a Reconciliation Rule could be combined with a tolerance rule that includes a range of days before or after the statement line date that will be included when attempting a match. Research needs to be performed to be sure the batch totals, selected within a specific range of dates likely to result in a unique match often enough to make it worth doing. Brazos will need to be careful when inputting receipt batches so that the deposit dates match the date the bank is recording the deposit. This makes it more likely to get valid matches. Brazos will need to verify that these changes do not affect reconciliation of checks when the "pooled account" setting is turned on. Brazos will need to verify that VOL Pg. 31 the changes made will still allow them to reconcile GL to the bank in the future. Brazos wants more guidance in general on how to accomplish a full recon within Oracle for bank to GL. • Elements/Tasks to Recommendation: • FIN 1.1 Conduct research to be sure this change will provide enough benefit to make it. Confirm desired change in functionality. ` • FIN 1.2 Setup for System Grouping Transaction Attribute of Remittance Batch and create setup for reconciliation rules • FIN 1.3 Test the setup • FIN 1.4 Review with Brazos Team and confirm it meets requirements • FIN 1.5 Migrate to Production • FIN 1.6 Update documentation Where External/Consulting Assistance can be leveraged: • FIN 1.1 PMCS/Highstreet will assist Brazos in developing the desired change in functionality and determining of the benefits justify the change. • FIN 1.2 PMCS/Highstreet will create the new setup • FIN 1.3 PMCS/Highstreet will lead the testing and Brazos will perform verification. • FIN 1.4 PMCS/Highstreet will review with Brazos Team and confirm it meets requirements • FIN 1.5 Brazos will approve and move to Production • FIN1.6 PMCS/Highstreet will update the setup documentation • Benefits to Recommendation: • There will be a consistent process of bank reconciliation for AR Receipts. FUN/Cash Management Topic 2 — Update Pooled Account settings • Recommendation FIN 2.0: Update Bank Account setting to Pooled account in Payables and Receivables- Controls section of -the Controls Tab of the Operating Account. • Background: • The Pooled Cash setting allows the Bank Account side of the Payment entry to inherit the fund segment from the AP Liability Account. `Brazos needs this functionality. Brazos will need to verify that these changes do not affect reconciliation of checks when the "pooled account" setting is turned on. Brazos will need to verify that the changes made will still allow them to reconcile GL to the bank in the future. • Brazos will also need to verify the changes in receivables that occur with the pooled cash setting. Currently, the receivables "debit" entry follows the fund of the "credit" entry for most transactions. • Brazos wants more guidance in general on how to accomplish a full recon within Oracle for bank to GL. • Elements/Tasks to Recommendation: • FIN 2.1 Modify the configuration. • FIN 2.2 Create a payment and confirm the invoice paid used a distribution with a Fund other than the Fund associated with this bank's Cash Account • FIN 2.3 Create accounting and confirm transaction did not use the fund from the Bank Vol. 395 pg. f 0 7 32 Account default. •• FIN Z4 Review and confirm this meets requirements • FIN 2.5 Migrate to Production • FIN 2.6 Update documentation • Where External/Consulting Assistance can be leveraged: .. FIN 2.1 PMCS/Highstreet will make the configuration change. • FIN 2.2 Brazos will create a payment and test the fund for the invoice. • FIN 2.3 Brazos will run create accounting. • FIN 2.4 PMCS/Highstreet will review with Brazos Team and confirm it meets requirements • FIN 2.5 Brazos will migrate to Production • • FIN 2.6 PMCS/Highstreet will update setup documentation Benefits to Recommendation: • The Pooled Cash setting allows the Bank Account side of the Payment entry to inherit the fund segment from the AP Liability Account. FIN/Controlled Budgets Topic 3 — Update Budget Manager Role Note: As of July 26, 2022 this was already corrected by Brazos IT. Recommendation FIN 3.0: Update Budget Manager Custom Role Background: • Brazos needs a GL read only role that is not available as a seeded role, although the seeded role "Financial Analyst" has read access to GL. Brazos has created a custom duty role and they want to create a custom Budget Manager Role. Elements/Tasks to Recommendation: • FIN 3.1 Create a Budget manager custom role by adding the Brazos developed custom duty role • -TIN 3.2•Create• a- custom role for GL read only • FIN 3.3 Test the roles • FIN 3.4 Review and confirm this meets requirements • FIN 3.5 Migrate to Production • FIN 3.6 Update documentation • Where External/Consulting Assistance can be leveraged: • FIN 3.1 PMCS/Highstreet will create the custom Budget Manager role. • FIN 3.2 Highstreet will -create the custom GL read only role. • FIN 3.3 Brazos will test the role. FIN 3.4 PMCS/Highstreet will review with Brazos Team and confirm it meets requirements. FIN 3.5 Brazos will move to Production • FIN 3.6 PMCS/Highstreet will update setup documentation. • Benefits to Recommendation: • Brazos can provide read-only access to the correct end users. F/N/lntercompanyAccounting Topic 4—Adjust Fund balancing rules • Recommendation FIN 4.0: Adjust Fund balancing rules. Vot. 3 9 5 pg. f 33 • Background: • Currently Brazos•has a set of rules configured for all funds. Brazos would like to adjust the balancing rules for eliminating the Due to and Due from balancing for funds that all share the same physical checking account. For example if Fund 01000 and Fund 60000 share the same pool of physical cash, when accounts payable hits those funds the credit is to cash and not a Due From and Due to. This is complicated by the fact that Brazos has some funds that have separate checking accounts and want the balancing to be a Due to and Due from for those specific funds. • Elements/Tasks to Recommendation: • FIN 4.1 Review current rules to understand Brazos as is and to be configuration FIN 4.2 Set up a combination of Bank Account configuration and Intercompany Balancing Rules at the balancing segment (fund) level to meet the need. • FIN 4.3 Test the rules • FIN 4.4 Review and confirm it meets requirements • FIN 4.5 Migrate to Production • FIN 4.6 Update documentation • Where External/Consulting Assistance can be leveraged: • FIN 4.1 PMCS/Highstreetwill assist Brazos in rule identification. • FIN 4.2 PMCS/Highstreet will create new rules. • FIN 4.3 PMCS/Highstreet will lead Brazos in testing the rules for specific results. • FIN 4.4 PMCS/Highstreet will review with Brazos Team and confirm the change meets requirements • FIN 4.5 Brazos will move to Production. • FIN 4.6 PMCS/Highstreet will update setup documentation Benefits to Recommendation: • This will allow Brazos to define rules at a level which only apply to specific subsets of -transactions. FIN/Accounts Receivable Topic 5 —Change AutoAccounting rules default for AR Transactions • Recommendation FIN 5.0: Change AutoAccounting rules to Default AR Transactions accounting defined at the Customer Site level • Background: • AutoAccounting rules are not in place to default AR transactions defined at the Customer Site Level. • Elements/Tasks to Recommendation: • FIN 5.1 Identify additional rules required • FIN 5.2 Setup rules • FIN 5.3 Test the rules • FIN 5.4 Review and confirm it meets requirements • FIN 5.5 Migrate to Production • FIN 5.6 Update setup documentation • Where External/Consulting-Assistance can be leveraged: • FIN 5.1 PMCS/Highstreet will assist Brazos in identifying the rules that need to be changed. Voi. 395 Pg. 10 9 34 • FIN 5.2 PMCS/Highstreet will create new rules. • FIN 5.3 PMCS/Highstreet will test the -rules for the specific desired results. • FIN 5.4 PMCS/Highstreet will review with Brazos Team and confirm the new rules meets requirements. • FIN 5.5 Brazos will move to Production. • FIN 5.6 PMCS/Highstreet will update setup documentation. • Benefits to Recommendation: • The AutoAccounting rules will allow the default of segments for AR transactions defined at the Customer Site Level. FIN/Fixed Assets Topic 6 — Change Invoices Control Asset Category process • Recommendation FIN 6.0: Change process for AP Invoices to be able to automatically derive the Fixed Asset Category and determine whether it is CIP or Capital. • Background: • In Brazos' current configuration, Accounts 28500000 and 28900000 are used on multiple Categories so this process is to determine if CIP or Capital will not work. • Elements/Tasks to Recommendation: • FIN 6.1 Identify additional accounts to be used for each category • FIN 6.2 Set up category/book combinations that reference the new accounts • FIN 6.3 Test the Categories • FIN 6.4 Review and confirm the new categories meets requirements • FIN 6.5 Migrate to Production • FIN 6.6 Update documentation • Where External/Consulting Assistance can be leveraged: • FIN 6.1 PMCS/Highstreet will assist Brazos in identifying accounts for each category • FIN 6.2 PMCS/Highstreet will set up category/book combinations that reference new accounts • FIN 6.3 PMCS/Highstreet will test accounts for each category • FIN 6.4 PMCS/Highstreet will review with the Brazos Team and confirm the new categories and process meet requirements • FIN 6.5 Brazos will move to Production • FIN 6.6 PMCS/Highstreet will update setup documentation • Benefits to Recommendation: • AP Invoices will be able to automatically derive the Fixed Asset Category and determine whether it is CIP or Capital within the Category. VOL 3 9 5 pg. 110 35 Addendum 2: Hlghstree Oracle Cloud HCM Assessment Brazos County Vol. 3 9 5 Pg. Platinum;_ Panne'= 36 Brazos County Oracle Cloud HCM and Financials Confidentiality: This document contains confidential and proprietary information concerning PMCS Services and Highstreet's business. Receipt of this document constitutes acknowledgment that the pages marked "CONFIDENTIAL" contain trade secrets that are confidential and proprietary to PMCS Services and Highstreet. Recipients of this document will protect and not disclose the contents herein using the same procedures and requirements by which they protect their own proprietary and confidential information. Recipients shall not, in whole or in part, disclose any of the proprietary or confidential information to any person, firm, corporation, association or other entity for any reasons or purpose whatsoever, nor shall they make use of any proprietary or confidential information for their own purposes or benefit without the prior express written consent of PMCS Services and Highstreet. If Recipient is a governmental entity that must comply with requests to disclose this document in accordance with open record laws, Recipient shall; to the extent of such open records laws, allow PMCS Services and Highstreet the opportunity to redact information from this document that constitutes trade secrets or other exceptions from the applicable open records laws. Primary Contacts: Katie Conner Andy Smetana Brazos County Auditor PMCS Services, Inc. Brazos County Managing Director 200 S. Texas Ave., Suite 218 600 Congress Ave., Floor 14 Bryan, TX 77803 Austin, TX 78701 w: (979) 361-4359 512-587-3865 e: kconner@brazoscountytx.gov, Smetana@PMCSservices.com Bruce W. Moore Vice President State and Local, Practice Highstreet IT Solutions, LLC- 2600 Tower Oaks Blvd, Suite 240 Rockville, MD 20852 m: 626.827.6406 e:.bruce.moore@highstreetit.com Vol. 395 Pg. 37 Brazos County Oracle Cloud HCM and Financials Revision History Previous versions are no longer valid after a new version has been published. Version. Date Changes Author 1.0 3/25/2022 Draft for Presentation Bruce Moore 1.1 3/29/2022 Absence/Time & Labor content complete Bruce Moore 1.2 4/18/2022 Completed-HCM and Payroll content Bruce Moore 1.3 6/29/2022 Updated due to Protected Leave SOW Bruce Moore 1.4 7/11/2022 Final version with estimates Bruce Moore 1.5 7/20/2022 Updates after presentation meeting Bruce Moore Prepared By: Company: PMCS Services, Inc. and Highstreet IT Solutions, LLC Contributors: Andy Smetana Managing Director m: 512.587.3865 e: smetana@PMCSservices.com Bruce W. Moore Vice President m: 626.827.6406t e: bruce.moore@highstreetit.com Bill Holloway Principal Consultant e: william.hollowav@highstreetit.com David Everitt Principal Consultant e: david.everitt@highstreetit.com Sathyan Sreedharan Principal Consultant e: sathyan.sreedharanC@highstreetit.com Daniel Litty Principal Consultant e: daniel.litty@highstreetit.com Vol. 29 5 Pg. -�-�_ 38 Brazos County Oracle Cloud HCM and Financials Table of Contents • Preface 41 • Document Format 41 • HCM (Human Capital Management) 43 • Topic 1. Re -engineer HCM Groups 43 • Topic 2. Re -engineer Line Manager usage 45 • Topic 3. Review Sheriff's Office Org Chart/Line Manager configuration and process 45 • Topic 4. Research whether the Refresh Manager Hierarchy process or Synchronize Person Assignments from Position is the better choice to update reporting, when an employee separates. 46 • Topic 5. Remove unnecessary or redundant Work Schedule Assignments. 47 • Topic 6. Change Work Schedules to better handle one hour lunch and Absences for less than 4 hour blocks. 48 • Topic 7. Develop a Fast Formula or business process to allow clinic time to be subtracted from sick time. 49 • Topic 8. Develop an OIC integration to export all documents in Document Records. 50 • Topic 9. Perform only one Final Close at the end of the year. 51 • Topic 10. Conduct Knowledge Transfer related to Employee rehires. 51 • Topic 11. Correct Child Support configuration 52 • Topic 12. Rename Assignment Status 53 • Topic 13. Conduct knowledge transfer for FMLA and retro-pay 53 • Topic 14. Configure HCM to allow Sick Leave Pool Donation 54 • Topic 15. Research how to donate back to Sick Leave Person 54 • Topic 16. Determine if Audit History provides value for Brazos 55 • Topic•17., Conduct -Knowledge Transfer for correcting backdated FMLA plans. 55 • Topic 18. Conduct foundational knowledge transfer for Oracle Reporting 56 • Topic 19. Use seeded functionality to view Candidate Applications 56 • Topic 20. Create View Only Roles for Time Keepers 57 • Topic 21. Update Timecard Mapping Names 58 • Topic 22. Discuss Law Enforcement Officer (LEO) Holiday Time Type 59 • Topic 23. Remove the Future Accrual View in Absence Records 59 • Topic 24. Review Oracle seeded Length of Service (LOS or Seniority) functionality. 60 • Topic 25. Review new hire merge functionality. 61 • Topic 26. Review and correct Benefits Rate Rounding. 62 • Topic 27. Review seeded Total Compensation Statement 62 • Topic 28. Develop a custom Benefits Summary Report63 • Topic 29. Conduct Dashboard training 63 • Topic 30. Develop a custom Element Mapping Report 64 • Topic 31. Adding Absence to the Timecard for Administrators. 64• 39 Vol. 3 95 pg. . Brazos County Oracle Cloud HCM and Financials • Topic 32. Review Financials Budgeting Group in Step Chart vs. Ladders, Grade, and Grade Steps. 65 • Topic 33. Provide information on Audit Logs 65 • Topic 34. Implement Retroactive Pay 66 • Topic 35. Create an Election Workers Tax Fast Formula 66 Vol. 3 9 5. Pg. — 40 Brazos County Oracle Cloud HCM and Financials Preface Brazos County is currently using the Oracle -Cloud Finance and HCM pillars with the following modules: Core HR, Payroll, Absence Management, Benefits and Time and Labor. Oracle Cloud HCM/Payroll was implemented in 01/2022. Brazos has had some difficulty supporting all required business in Cloud HCM, and PMCS/Hlghstreet identified 33 separate issues that could be remediated or improved. For this assessment PMCS/Hlghstreet followed a format including web interviews and research in the non -production environment. This typically included one web session per module to interview key participants, followed by research in non -production. From this the consultant developed additional questions or in some cases was able to recommend a solution immediately. If the consultant had questions, they led a second interview with personnel who could answer them. At the end of this process the consultant'documented issues and provided recommendations for solutions. Estimates for the functional and technical effort for both PMCS/Highstreet and Brazos employees will be provided in a separate spreadsheet. Document Format This document provides the analysis of the findings discovered during the assessment sessions conducted between Brazos County and PMCS/Highstreet IT. It is designed for readability and easy retrievability.?The document is separated by functional areas, such as HCM, Payroll, Time and Labor, etc. Within each functional area, the document topics cover functions that were discussed during the assessment. Once described, each section is divided into 5 areas: • Recommendation: This identifies whether a recommended action should be followed. If there is no change to be made to the function of this submenu element(s), the word "None" is stated, signifying the institution may continue to process as usual. If the consultants recommend action should be taken, a unique identifier is placed immediately after the Recommendation. For example: Recommendation HCM 1.0 indicates that action is recommended for this function. If a Recommendation is provided., all sections described below must be completed. The choices for Recommendations are chosen from the following actions: • As Is = Product will be used as is. New version will not provide benefit differently. • Will Not Use = The function is conducted in -a way that does not require it to use the new Campus Solutions version. • Implement = Leverage the new functionality. • Re -engineer = Change the way the current functionality is used. • Background: This describes the present functionalityidentified during the assessment sessions. The Recommendation can be understood given this Background (History)discussion. Background is included in each submenu section, even if no action is required, to indicate this function was discussed. If a recommendation is proposed, this Background section will provide information as to why a recommendation is proposed. • Elements/Tasks in Recommendation: This will remain blank unless a specific action is recommended. A unique identifier, based upon the Recommendation identifier, is - provided -for each action. Thus, under Recommendation HCM 1.0, the first action has an identifier as HCM 1.1. The next action in the section is incremented by 1. HCM 1.1, HCM 1,2, etc. If another Recommendation (Recommendation 2.0, Recommendation 3.0, etc. in 41 VOL pg.. �-�- Brazos County Oracle Cloud HCM and Financials a different menu item under Student Records requires action, that may be identified as HCM.2.1, HCM_2.2, etc. These identified actions are cross-referenced in a spreadsheet to allow the Project Team to prioritize and filter the various recommendation action items. The spreadsheet is an accompanying separate document. • Where External/Consulting Assistance can be leveraged: This describes how Brazos County may leverage PMCS/Highstreet IT to assist in implementing the recommendation. • • Benefits to Recommendation: This describes the- benefit to making the recommended adjustments. Please note: Not every section has these 5 areas completed, indicating the submenu section may not need consideration. !lol. 3 9 5 _ Pg. _. 42 Brazos County Oracle Cloud HCM and Financials HCM (Human Capital Management) Topic 2. Re -engineer HCM Groups • Recommendation HCM 1.0: Re -engineer HCM Groups • Background • Per Brazos: HCM Groups as deployed at Brazos County are complex and there are too many to be efficient. For example, a typical HR transaction such as a salary change from salaried to hourly requires a Personnel Action Form (PAF), and the change cannot made without changing the HCM Group. The HCM Group can only be changed after the last pay run for that employee as an hourly employee. The employee must then manually track their time for the first part of the pay period (after their salaried position has taken effective) and wait until the HCM Group is updated before being able to track their time in Oracle. If they do not wait until their HCM Group is updated, Oracle will clear out their timecard during HCM Group update. • During the assessment PMCS/Highstreet discovered there are three primary issues: Too many HCM Groups (some of which might be changed to Schedules); manual, paper processes that might be streamlined; and processes that can be made more efficient in the Cloud application. • Elements/Tasks to Recommendation: • HCM 1.1 Review and analyze existing HCM Groups and determine if they can be simplified or streamlined. Develop a list of proposed HCM Groups to remove. • HCM 1.2 Review Workflows, Fast Formulas and Reports for the groups to be removed to determine the'impacts of removing them. Revise the proposed groups to accommodate any that can't be removed. • HCM 1.3 Map existing HCM groups to the new list of the consolidated HCM Groups. For example, there are currently groups for: ■ "Comp Time Parttime Hourly Quantity 20hrs/Wk" ■ "Comp Time Parttime Hourly Quantity 24hrs/Wk" . ■ "Comp Time Parttime Hourly Quantity 25hrs/Wk" ■ etc. up to 10 total. ■ These would be consolidated into "Comp Time Parttime Hourly" • HCM 2.4 Manually update configuration with new consolidated HCM Groups and attach the new Groups to the Time Entry Profiles and Time Processing Profiles. Note that it may be necessary to create a Fast Formula to assign Groups properly, and this will be determined and estimated during the research and testing. • HCM 1.5 The existing employee records will be updated with the new HCM Groups when 'the Evaluate Group Membership is run (typically nightly). • HCM 1.6 Test new configuration against Workflows, Reports, and FFs in HCM, Absence, Time and Labor, and Payroll. PMCS/Highstreet will provide knowledge transfer to Brazos during the validation process. • HCM 1.7 Move to Production. • Where External/Consulting Assistance can be leveraged: • HCM 1.1— HCM 1.4 PMCS/Highstreet will analyze existing HCM groups, Fast Formulas, and reports to create workflows that achieve maximum efficiency. From Vol. 3 9 5 pg..c 43 Brazos County Oracle Cloud HCM and Financials a quick review of Brazos TEST, many of the HCM Groups could be eliminated. Instead, we could consider setting.up Work Schedules for each of the HCM Groups and use Eligibility Profiles to assign Schedules to the various employee groups. • HCM 1.5 Brazos should validate that the Evaluate Group Membership scheduled process is running nightly. • PMCS/Highstreet will lead knowledge transfer sessions during testing. • HCM 1.6 PMCS/Highstreet will lead validation testing. • HCM 1.7 Should be done by Brazos. • Benefits to Recommendation: An updated configuration, which will reduce the number of HCM Groups, will increase efficiency by reducing the complexity of transaction processing and rework. This allows for immediate and daily processing for HCM transactions, reduces ongoing maintenance costs, reduces date -tracking errors, and streamlines business process workflow. Vol. 3 9 5 Pg. - Brazos County Oracle Cloud HCM and Financials Topic 2. Re -engineer Line Manager usage • Recommendation. HCM 2.0: Re -engineer- Line Manager usage, specifically for enabling the Performance Management module. • Background • Brazos is currently unable to use the Performance Module due to the fact that Line Managers not configured correctly. For example, in the current Org structure, elected officials do not use system as managers — instead, their secretaries process transactions. Brazos currently uses a hybrid Org chart with Elected Officials at the top level, then Secretaries, then others below Secretary. • The use of HCM Performance Management has been identified as a lower priority that other issues in this report. • Elements/Tasks to Recommendation • HCM 2.1 Review the existing Org Chart structure and determine if it can be reengineered to use the seeded Oracle processing functionality for the Line Manager hierarchy and the associated transactions. This might also require a business process change, in that Elected Officials could be set up to have delegation rules so that secretaries initiate the transaction. • HCM 2.2 If needed, update the Oracle configuration. • HCM 2.3 Test new configuration against workflow, reports, payroll deductions and balances and provide knowledge transfer to Brazos during validation. • HCM 2.4 Update configuration workbooks and related. documentation. • HCM 2.5 Move to Production. Where External/Consulting Assistance can be leveraged: • HCM 2.1— HCM 2.4 PMCS/Highstreet will work with Brazos to review the existing Org Chart and configure Oracle to work within its intended design and Brazos actual requirements. This will include sufficient knowledge transfer -so that Brazos can maintain workflow and approval going forward. HCM-2.5 Brazos will move to Production. • Benefits to Recommendation: • While this item may be viewed as low priority, it is affecting Performance Reviews. PMCS/Highstreet's reconfiguration of the existing Line Manager structure will pay benefits now and, in the future, because Brazos will be using seeded (out -of -the - box) functionality embedded in every Employee and Line Manager transaction in Self Service. This immediately increases efficiency and reduces data inaccuracies. Topic 3. Review Sheriffs Office Org Chart/Line Manager configuration and process Recommendation HCM 3.0: HCM/Performance — Review Organization Chart/Line Manager configuration and process to determine next steps Background • The Sheriffs Office (SO) updates their entire organization chart multiple times a month. Brazos needs an efficient way to export data from the SO and import it into Line Managers and their subordinates. • For example, the Jail has a rotating schedule with 4 shifts (a, b, c, d). Timecard and Absence Approval flow through the Supervisor Hierarchy. pg.. 120 45 Brazos County Oracle Cloud HCM and Financials • These changes are currently tracked in a spreadsheet. Currently, the Cloud HR team is manually -tracking all- Line Manager changes (since 12/26/2020). • One possibility is that the Supervisor Hierarchy is not properly configured and that a combination of reconfiguration and business process change will meet the need. • If the business process can't be changed then another solution may involve automation. • In order to support the current process, Brazos also uses a report that lists Line Manager's; their subordinates, and timekeepers. Brazos uses Areas of Responsibility (AOR) to provide Admin rights to users to they can see everything they need. This data access is too broad. • Elements/Tasks to Recommendation: • HCM 3.1 Research the current process and determine whether it can be addressed with configuration/process change or needs to be automated. This must happen before a final recommendation can be made. The next steps will be determined by the outcome of the research. • Where External/Consulting Assistance can be leveraged: • HCM 3.1 PMCS/Highstreet will work with Brazos to analyze existing business practices and Oracle configurations to see if this requirement can be met with configuration and process change or will require automation. PMCS/Highstreet will estimate the effort for a configuration or automation solution. • Benefits to Recommendation: • This is a cumbersome process and subject to data entry errors. Using seeded functionality whenever possible reduces manual effort and the risk of error, as well as making this easier to maintain going forward. This potential benefit needs to be validated with research as noted above before moving forward. PMCS/Highstreet will provide a separate estimate once a final recommendation can be made. Topic 4. Research whether the Refresh Manager Hierarchy process or Synchronize Person Assignments from Position is the better choice to update reporting when an employee separates. Recommendation HCM 4.0: Research whether the Refresh Manager Hierarchy process or Synchronize Person Assignments from Position is the better choice to update reporting when an employee separates. Background • Brazos is currently tracking supervisor changes in a spreadsheet and reassigning each subordinate's record manually when a Supervisor or Line Manager changes. • There are two delivered Oracle processes that could automate this:1) Use the Refresh Manager Hierarchy process, or 2) use Synchronize Person Assignments from Position. • Each has its own benefits, and each depends on a specific underlying configuration in order to work properly. It's possible that the current Brazos Position configuration will already support the need and this can be solved through knowledge transfer. • While the requirement is clear, additional research is needed in order to determine which is the best solution. • Elements/Tasks to Recommendation: �- - 5---------- Vol. Pg. 121 46 Brazos County Oracle Cloud HCM and Financials • HCM 4.1 Research current Position configuration and test each of the above options. • HCM 4.2 If needed, update -the Oracle configuration, to match the selected option. • HCM 4.3 Test the new configuration against reports, payroll deductions/balances. • HCM 4.4 Update configuration workbooks and related documentation. • HCM 4.5 Move solution to Production. • Where External/Consulting Assistance can be leveraged: • . HCM 4.1 and 4.2 will be done by PMCS/Highstreet. • HCM 4.3 will require significant participation from Brazos staff. • HCM 4.4 will be done.by PMCS/Highstreet. • HCM 4.5 will be done by Brazos. • Benefits to Recommendation: • Whether you use the Refresh Manager Hierarchy processor Synchronize Person Assignments from Position, this will save a large amount of time for data entry, reduce the possibility of errors, and ensure a clean hierarchy for use with Workflow Approvals, etc. Topic 5. Remove unnecessary or redundant Work Schedule Assignments. • Recommendation HCM 5.0: Remove unnecessary or redundant Work Schedule Assignments. • Background • HCM Groups control Timecards; work schedules control Absence Management. • . Brazos currently uses a total of 40 Work Shifts, 68 Work Patterns, and 69 Work Schedules. • This configuration is too complex and may be because work schedules are coded at too low a level. • HR must change Work Schedule at any time if the employee is scheduling an absence outside of their Schedule in Oracle. Example: Event workers at Expo typically work 8-5, therefore that is -their schedule in -Oracle: However; periodically they are scheduled to work on the weekends for events. If they need to take sick or vacation during the weekend, they must call HR to update their Schedule to accurately enter that absence. If not, Oracle will give error that absence is outside of their Schedule. • Elements/Tasks to Recommendation (5A): • HCM 5.1 Review Oracle configuration for available schedules, versus schedules assigned to employees. Also review patterns and shifts to determine which can be removed. Other clients have set up schedules for a 7-day work week to accommodate this type of request as a workaround. As of release 19c, Oracle provides the seeded functionality at the Absence Type level at the URL below. This allows scheduling of an absence on a non- scheduled day. FMCS/Highstreet tested this and verified that Oracle does allow the absence to be scheduled, where before the user would get an error saying you cannot schedule an absence on a non-scheduled day. In this case it does not attach hours to the absence. Below is a screenshot from Oracle's "What's new" document Vol. 3 9 5 Pg.12 } 47 Brazos County Oracle Cloud HCM and Financials Youcuoaderabswxssbumm=Wgdays,sushasepubttchc5ftTouseIhi cV m,makesumpuewNLDreSftd+feounw=ddggdapopUmcMheGeeleAbsw=Tgpepegel When ^QUA6s;0DAM-sn-0ns� 0PM 92 srheuseddwaoma t314LW3 �StRRCa4 _ NotaSohadutedrork� •end Dato d.- '_..•_••.• ,_-- -_ tlotJscha."1'edrocoth QaS' AsslWmmt �€ Absence Owadon Flours Sds�id A7.c.aasm� ManmkE�Diy ■ The documentation for seeded functionality can be found at https:Hww.w.oracle.com/webfolder/technetwork/tutorials/tutorial/cloud/r13/ wn/wfm/releases/19C/19C-wf-mgmt-wn.htm. • HCM 5.2 Manually update Work Shifts and Workday Patterns to utilize the reduced number of Work Schedules in a TEST instance. Confirm that these meet Brazos' full scheduling needs. • HCM 5.3 Test new configuration against Workflows, Reports, in Core HR, Absence, Time and Labor and Payroll. Provide knowledge transfer. • HCM 5.4 Update configuration workbooks and related documentation. • HCM IS Move to Production. • Where External/Consulting Assistance can be leveraged: • HCM 5.1 and 5.2 will be done by PMCS/Highstreet. HCM 5.3 will require significant participation from Brazos staff. HCM 5.4 will be done by PMCS/Eighstreet. HCM 5.5 will be done by Brazos. Benefits to Recommendation: • Reconfiguration of the Work Schedules (and Shift and Work Patterns) to reduce the total number of Work Schedules will simplify the number of schedules which employees and managers can use. This will reduce errors, rework, confusion and should streamline processing and future maintenance. Topic 6. Change Work Schedules to better handle one hour lunch and Absences for less than 4- hour blocks. • Recommendation HCM 6.0: Change Work Schedules to better handle one hour lunch and Absences for less than 4-hour blocks. Background • As currently configured Oracle is not accounting for a lunch hour when enterin Vol, 395 Pg. 12 3 48 Brazos County Oracle Cloud HCM and Financials absences. It also doesn't allow absences to be taken after 4PM. This is because for an absence to only count 8 hours, most employees have an 8-4 Work Schedule. However, when an employee takes sick time from 4-5, Oracle will not let the employee enter absences due to their work schedule only being from 8-4. Oracle produces an error that states absences is outside of Work Schedule. HR must then update the Work Schedule at any time to allow employee to accurately enter absences. • At Brazos, lunch should be tracked consistently as one hour. The exact time of day doesn't matter. This is based on an 8-hour schedule. • Sometimes employees will work through lunch, and in this case the lunch hour should be paid as time worked. • In order to accommodate the one -hour lunch, Brazos created an 8-hour schedule (8-4) with no lunch. This means employees who are out for a full day only enter one day (one entry) for their Absence. • There is a separate issue related to employees who are out from only 4-513M. These employees are not able to enter this time in the absence because it falls outside the 8- 4 schedule. • Elements/Tasks to Recommendation: • HCM 6.1 Build a schedule to allow for a morning shift, a consistent one -hour (duration) lunch and an afternoon shift. This may require custom Fast Formulas. Note that this can be accomplished by building an static hour into the schedule but can't be done for specific times unless the employee punches time. • HCM 6.2 Update configuration with new schedules and/or a Fast Formula. • HCM 6.3 Test new configuration against Workflows, Reports, in Core HR, Absence, Time and Labor and Payroll. • HCM 6.4 Update configuration workbooks and related documentation. • HCM 6.5 Move to Production. • Where External/Consulting Assistance can be leveraged: • HCM 6.1 and 6.2 will be done by PMCS/Highstreet. • HCM 6.3 will require participation from Brazos. • HCM 6.4 will be done by PMCS/Highstreet. • HCM 6.5 will be done by Brazos. • Benefits to Recommendation: Our recommendation of splitting schedules into a morning and afternoon shift allows the 1-hour lunch to be handled automatically and solves the error with Absences taken after 4PM. This streamlines the time entry process, reduce errors and staff rework and speeds Payroll processing. _ Topic Z Develop a Fast Formula or business process to allow clinic time to be subtracted from sick time. Note: As of July 1, 2022 this was already corrected by Brazos IT. • Recommendation HCM 7.0: Develop a Fast Formula or business process to allow clinic time to be subtracted from sick time, eliminating overlapping absences • Background 395 Pg. 121- Vol. 49 Brazos County Oracle Cloud HCM and Financials • Currently multiple absence types are used on the same day for employees who have more than one assignment. For example: -Sam B. is an Active employee and also an Active Retiree. Retirees can come back as employees. These people will have an Active and a Retiree Assignment, with different Benefits Eligibility Profiles. • In this example Sam B. is taking the whole day off and may go to the clinic for 1 hour. The County pays clinic time as time worked, so it needs to be tracked separately from the rest of the sick time: As currently configured the clinic time is reported against the same time as sick and Oracle doesn't allow for overlapping absences. • The requirement is to be able to reduce requested sick time by the number of hours used for the clinic visit. Elements/Tasks to Recommendation: • HCM 7.1 Document the specific use cases for this requirement. If the use cases.are infrequent enough, this could be handled by a report and a manual balance adjustment. • HCM 7.2 If needed, write a Fast Formula to handle this requirement. • HCM 7.3 Test the Fast Formula against workflows, reports, in Core HR, Absence, Time and Labor and Payroll. • HCM 7.4 Update configuration workbooks and related documentation. HCM 7.5 Move to Production. • Where External/Consulting Assistance can be leveraged: • HCM 7.1 and 7.2 will be done by FMCS/Highstreet. • HCM 7.3 will require significant participation from the employees responsible for each of the areas listed above. • HCM 7.4 will be done by FMCS/Highstreet. • HCM 7.5 will be done by Brazos. Benefits to Recommendation: • This solution allows Brazos to. be.able to properly track clinic time separately from sick time so that overlaps are eliminated and clinic time is properly paid. Topic 8. Develop an OIC integration to export all documents in Document Records. Note: As of July 1, 2022 this was already corrected by Brazos IT. • Recommendation HCM 8.0: Develop an OIC integration to export all documents in Document Records. • Background • Oracle allows exporting of document records one at a time. Brazos needs to be able to export all relevant documents for an employee at once, for things like court filings. • Elements/Tasks to Recommendation: • HCM 8.1 Conduct a design session to map the source and target output for the export. • HCM 8.2 Develop an export using Oracle Integration Cloud (OIC). • HCM 8.3 Conduct iterative testing of the export. • HCM 8.4 Move to Production. •.. Where.External/.Consulting Assistance can be leveraged: • HCM 8.1 PMCS/Highstreet will lead the design session and mapping. • HCM 8.2 PMCS/Highstreet will perform_ OIC development. VOL �� Pg. 125 50 Brazos County Oracle Cloud HCM and Financials • HCM 8.3 PMCS/Highstreet will support testing by Brazos. • HCM- 8.4 Brazos will move to Production. • Benefits to Recommendation: An OIC export allows automated export of all documents related to a specific individual for external use. This removes the need for significant manual effort to export all documents one at a time. This reduces workload, allows Brazos be more responsive to the requests, and ensures consistency of the final product. Topic 9. Perform only one Final Close at the end of the year. • Recommendation HCM 9.0: Perform only one Final Close at the end of the year. • Background • Using Final Close is a best practice in Oracle HCM processing. Using Final Close will stop all processing for benefits, payroll, and any transactions against the employee's record. At Brazos it is sometimes necessary to make several adjustments to the employee record after they have departed. Brazos is currently entering a future -dated Firial Close date on all employees who separate. For example: if someone separated 5/2/22, Brazos future dates the Final Close for 1/13/23 to give payroll time to make any necessary changes. Once a Final Close is performed, that employee record cannot be changed, so Final Close needs to be delayed. This can be done once at year end for all affected employees or on any other schedule as desired. + Elements/Tasks to Recommendation: • HCM 9.1 Conduct knowledge transfer on Final Close processing. • Where External/Consulting Assistance can be leveraged: • HCM 9.1 Knowledge transfer will be done by PMCS/Highstreet. !. Benefits to. Recommendation: • Processing Final Close once a year allows Brazos to make as many adjustments as needed prior to closing employee records. Topic 10. Conduct Knowledge Transfer related to Employee rehires. • Recommendation HCM 10.0 Conduct Knowledge Transfer related to Employee rehires. • Background • When former employers return to the County, Brazos wants to reuse their employee number. • Brazos expressed a concern that Oracle processes do not satisfy Brazos' requirement. ■ ORC —"Check for Duplicates" and "Merge" will see if the candidate to be rehired has ever been employed with the County before. This process is not currently working properly. ■ HCM - • If an employee record has not been through the Final Close process in Topic 9, then the employee can be rehired, but if the employee had FSA/DCA coverages before they left, these coverages are retained. Brazos doesn't want that to happen.� 2 39 P� Vol. 51 Brazos County Oracle Cloud HCM and Financials • If an employee record has been through the Final Close process in Topic 9; then all coverages are terminated. • Note that Person Numbers are always retained. An employee can be rehired through the existing delivered Oracle functionality and still use the employee number, with a number appended to indicate the number of rehires. For example, when employee 12345 is rehired, their new number would be 12345-1 for the first rehire. This is expected functionality. • There needs to be an exception for the —700 election workers hired or rehired each election. These individuals don't want use to an automated system, i.e., applying through ORC. These individuals can be terminated, but not go through the Final Close process as in Topic 9. When they are rehired, their termination can be reversed. In this case they do not need to go through ORC. • Brazos needs to be shown best practices for this process in ORC. • Elements/Tasks to Recommendation: • HCM 10.1 Investigate the current Duplicate/Merge functionality in ORC to see why it's not.working properly. • HCM 10.2. Conduct knowledge transfer for rehire process in context of Final Close. • Where External/Consulting Assistance can be leveraged: • HCM 10.1 will be done by PMCS/Highstreet. If this requires more than a simple configuration change, PMCS/Highstreet will estimate the effort to correct it. HCM 10.2 knowledge transfer will be conducted by PMCS/Highstreet. • Benefits to Recommendation: We recommend working with PMCS/Highstreet to understand how Oracle has designed the Person Number functionality to work. This will make it easier to diagnose issues with configuration or transaction -processing issues. We will then work with you to review and re -think the way the Final Close feature is used will allow flexibility for.processing the many back -dated or other changes which need to be made for employees. Using a process to a year-end, final close on all the affected employee records should save a large amount of processing time and reduce the potential for entry errors. Topic 11. Correct Child Support configuration, • Recommendation HCM 11.0: Correct Child Support configuration • Background • Per a State of Texas regulation Brazos can take no more than 50% of disposable earnings for Child Support. Oracle uses Vertex to calculate the proper amount of taxes so this should work out of the box. This doesn't seem to be working properly in Oracle, so that for employees who worked less than a full 80 hours, Brazos has to manually recalculate. • For Brazos disposable income = gross — taxes — medical — retirement • Based on PMCS/HighstreeVs review of the non -production environment it appears that these payroll elements aren't configured properly. • Elements/Tasks to Recommendation: • HCM 11.1 Confirm TX Garnishment law with Brazos. Review examples where incorrect sa Vol. 3 9 5 _._Pg. 127 d Brazos County Oracle Cloud HCM and Financials involuntary deduction amounts were taken to determine the reason. Review configuration for Child Support Involuntary Deduction for proper setup. • HCM 11.2 If needed, update the Oracle configuration. • HCM 11.3 Test new configuration against, Reports, Payroll deductions/ balances. • HCM 11.4 Update configuration workbooks and related documentation. • HCM 11.5 Move to Production. • Where External/Consulting Assistance can be leveraged: • HCM 11.1 and 11.2 will be done by PMCS/Highstreet. • HCM 11.3 will require significant participation from Brazos staff. • HCM 11.4 will be done by PMCS/Highstreet. • HCM 11.5 will be done by Brazos. • Benefits to Recommendation: • This needs to be corrected to stay in compliance with state and local garnishment laws. The current process is very manual and prone to error, and Oracle seeded functionality should meet the need. Topic 12. Rename Assignment Status Note: This Is part of the Protected Leave SOW scope. • Recommendation HCM 12.0: Rename Assignment Status • Background • Brazos asked of Assignments can be renamed. They are not currently accurate, specifically for FMLA. • It is possible to change the names of Assignment status. • Elements/Tasks to Recommendation: • HCM 12.1 Document the desired new Assignment Status names, and make updates to TEST. NOTE: It is not recommended to change the names of Assignment codes as these are used-inTast. Formulas and Reports. •Changes can be made here, but it requires reviewing and updating all related FFs and reports. • HCM 12.2 Test the new configuration. • HCM 12.3 Move to Production. • Where External/Consulting Assistance can be leveraged: • HCM 12.1 will be led by PMCS/Highstreet. Define naming structures. • HCM 12.2 will be jointly conducted by PMCS/Highstreet and Brazos. • HCM 12.3 will be done by Brazos. • Benefits to Recommendation: • Renamed Assignment Statuses should clarify processing for staff, reflect more accurately on reports, reduce confusion for employees, and ensure proper transaction processing. Topic 13 Conduct knowledge transfer for FMLA and retro-pay • Recommendation HCM 13.0: Conduct knowledge transfer for FMLA and retro pay. •• Background • Brazos requested a review of best practices for FMLA and retro pay. • Elements/Tasks to Recommendation:_ 53 IVd. 395 pg. . Brazos County Oracle Cloud HCM and Financials • HCM 13.1 Conduct knowledge transfer to explain how FMLA should be configured and processed especially in the -case of backdated FMLA. Conduct knowledge transfer to explain best practices in retro pay. A particular concern is adjustments to FMLA after the fact. Brazos is not currently using retro so some payroll elements are not set up for retro. Another concern is the need to retro back several months. - • Where External/Consulting Assistance can be leveraged: • HCM 13.1 will be done by PMCS/Highstreet. • Benefits to Recommendation: • This will allow FMLA to be handled properly and will help Brazos to use the very powerful functionality provided by retro pay. Topic 14. Configure HCM to allow Sick Leave Pool Donation Note: This is part of the Protected Leave SOW scope. • Recommendation HCM 14.0: Configure HCM to allow Sick Leave Pool Donation • Background • Sick Leave Donations are currently received and documented outside of Oracle and HR manually then processes each one in Oracle. Brazos recently did 500 manual entries for employees donating to Plan. This is significant manual overhead and can be done with delivered functionality. • Brazos asked if this can be automatically loaded via the HDL/ Spreadsheet Loader, this is also possible. Elements/Tasks to Recommendation: • HCM 14.1 Review the Oracle functionality to make sure it meets Brazos' needs and research the ability to make the donating employee anonymous,or hide the field with the employee's name. • HCM 14.2 Update the Oracle configuration. • HCM 14.3 Test -new configuration. • HCM 14.4 Update configuration workbooks and processes. • HCM 14.5 Move to Production. Where External/Consulting Assistance can be leveraged: • HCM 14.1-14.2 will be done by PMCS/Highstreet. • HCM 14.3 will be done by Brazos with support from PMCS/Highstreet. • HCM 14.4 will be done by PMCS/Highstreet. • HCM 14.5 will be done by Brazos. • Benefits to Recommendation: • Use Oracle seeded and embedded business processes in the waythey have been designed. This allows Brazos to adopt any future Oracle improvements to functionality. • Using the mass upload functionality will produce a significant time savings, and a potential reduction in entry errors. Topic 15 Research how to donate back to Sick Leave Person . Note: This is part of the Protected Leave SOW scope. • Recommendation HCM 1S.0: Research how to donate back to a Sick Leave Person 54 Vol. 395 Pg. f 2 9 Brazos County Oracle Cloud HCM and Financials • Background • Brazos asked if there is -a way -for -employees to donate back to Sick Leave if they do not use all of their Sick Leave Plan hours? Right now, Brazos manually adjusts these hours. • Elements/Tasks to Recommendation: • HCM 15.1 Oracle assumes that an Administrator, such as the Brazos Committee, would review and administer donations and hours refunded back to the donating employee. At present manual processing is the best way to handle sick leave donation administration. A more automated solution will require identifying use cases and determining if this can be done. • Where External/Consulting Assistance can be leveraged: • HCM 15.1 will be led by PMCS/Highstreet • Benefits to Recommendation: • Determine the effort or cost to make this process less manual. Topic 16. Determine if Audit History provides value for Brazos • Recommendation Determine if Audit History provides value for Brazos • Background • Brazos asked if there an audit log in Oracle Cloud to see everything that was processed by date, including the time, employee, and what data was changed by individual, i.e., all changes made- by an HR Specialists. • There is a process called Workforce Management— Worker Assignment Event Realtime that tracks much of the data fields noted above. The Transaction Console or transaction history on an individual screen might also be useful on a one -by -one basis. • Elements/Tasks to Recommendation: • HCM 16.1 Discuss Brazos' use cases for auditing to see if this functionality meets the need. It's important to. note.that this will.be enabled for all.transactions, not individuals. - HCM 16.2 If so, turn on the audit feature and test the output. • HCM 16.3 Establish properly security profiles/access for this function. • HCM 16.4 Develop a report to be able to select information by user, timeframe or other fields. • HCM 16.5 Test the functionality, report and security. • HCM 16.6 Move report to Production and turn on audit in Production. • Where Externall/Consulting Assistance can be leveraged: • HCM 16.1-16.4 will be done by PMCS/Highstreet. • 'HCM 16.5 will be done by Brazos with support from PMCS/Highstreet. • HCM 16.6 will be done by Brazos. • Benefits to Recommendation: • Auditing records can help to identify errors that require end -user training and will produce information needed for formal audits. Topic 1Z Conduct Knowledge Transfer for correcting backdated FMLA plans. Note: This is part of the Protected Leave SOW scope. v�. 3 9 5 Pg. -13 55 Brazos County Oracle Cloud HCM and Financials • Recommendation HCM 17.0: Conduct Knowledge Transfer for correcting backdated FMLA plans. • Background • Brazos noted that time was entered incorrectly to inactive EPSL and EFMLA plans and asked if these can be manually adjusted. Right now, these are tracked outside of Oracle. • Elements/Tasks to Recommendation: • HCM 17.1 Conduct knowledge transfer regarding best practices for processing FMLA and other back -dated absence transactions as in Topic 13 above. Adjustments can be made to Qualified Entitlement Plans. In this case it would require reactivating the plan to make adjustments. • Where External/Consulting Assistance can be leveraged: • HCM 17.1 PMCS/Highstreet will provide knowledge transfer. • Benefits to Recommendation: This allows correction of erroneous data and proper processing for federally mandated programs. Topic 19 Conduct foundational knowledge transfer for Oracle Reporting • Recommendation HCM 18.0: Conduct foundational knowledge transfer for Oracle Reporting • Background • Brazos needs the ability for HR to use seeded reports, analyses and dashboards and to create and modify these objects when needed. • Elements/Tasks to Recommendation: • HCM 18.1 Conduct knowledge transfer for seeded and customized Oracle Reporting • Where External/Consulting Assistance can be leveraged: • HCM 18.1 will be done by PMCS/Highstreet •. Benefits to Recommendation: • This will allow Brazos to utilize delivered Oracle reporting functionality to its fullest. Topic 19. Use seeded functionality to view Candidate Applications • Recommendation HCM 19.0: ORC: Use seeded functionality to view Candidate Applications. • Background • When applicants apply through Oracle Recruiting Cloud (ORC), there is currently no known way to print out the candidates' applications. Brazos wants to be able to do this so the Hiring Manager can review and compare them in a more efficient manner. Oracle functionality assumes that multiple users, will need to review and collaborate on user applications, so does not provide print functionality. PMCS/Highstreet recommends using the Oracle seeded functionality in Release 22A: When the Job Application Grid View feature is enabled, data in the job applications list is displayed in a columnar layout. The Summary grid view is displayed, so you can review and compare job applications. This new functionality may reduce the need to print out Applications. Note that it is also possible to develop an application report that can be 395 Vol. _ _ 9 56 Brazos County Oracle Cloud HCM and Financials extracted to Excel or printed. The online application is complex, so pulling it all out into.a report. would •be a significant undertaking. If Brazos can specify a small subset of fields to be printed it may make a report easier to do. Elements/Tasks to Recommendation: • HCM 19.1 Review existing release 22A functionality to determine if it meets the need. • HCM 19.2.Develop a custom Application Grid view. • HCM 19.3 Test the new configuration. ! HCM 19.4 Update configuration workbooks and related documentation. • HCM 19.5 Move to Production. • Where External/Consulting Assistance can be leveraged: • . HCM 19.1-19.2 PMCS/Highstreet will lead these efforts. • HCM 19.3 PMCS/Highstreet will lead Brazos in testing and provide knowledge transfer for the -new functionality. • HCM 19.4 PMCS/Highstreet will update documentation. • HCM 19.5 Brazos will move to Production. • Benefits to Recommendation: Using the new Application Grid functionality may reduce the need to print out Applications. All members of the Recruiting Team will have access to all Applications at -the same time. Comparison of applicants will be easier. Topic 20. Create View Only Roles for Timekeepers Recommendation HCM 20.0: Create View Only Roles for Timekeepers. Background 57 • Brazos needs to ability to grant Timekeepers and Line Managers view -only access to areas in HCM, Payroll, and Absence where their current access is too broad and improperly allows update. One specific area example is My Client Groups > Absences > Absence Records > Search. employee. Line. Managers, and Timekeepers had access to this area but were able to adjust their balances (example below). Because Brazos took this view away, these employees are not able to see these balances and HR must manually send biweekly FMLA hour updates to departments. Vol. 3 9 5 P9. -- Brazos County Oracle Cloud HCM and Financials 4 t�utb ViGLfi.rA.taf.SrbriYD ja�'.scs-tt9 faf �. IW,': l.01:..if J41.1 bia�4.iN -. anm erotatitas rlT .�a__ __....;g 4"mum ec.nre.ss i'iss,wci± .iur. <a1...on. ua eR..'. ..q[ldaralii.+� _. VtZ;:.L^-. ii VfenEtri K1.Yv. • Elements/Tasks to Recommendation: • HCM 20.1 Determine which users need the view -only tole. Use the Security Console to create custom view -only roles for these users. This can be accomplished by manually choosing (or removing) the permissions granted to the custom roles. • HCM 20:2 Test new roles. • HCM 20.3 Update configuration workbooks and related documentation. • HCM 20.4 Move to Production. • Where External/Consulting Assistance can be leveraged: • HCM 20.1 PMCS/Highstreet will work with Brazos to determine the users who need this role, and to determine if more than new one new role is needed. PMCS/Highstreet will create the new role(s). •' HCM 20.2 Bra-zos•will test the new roles -with 'support from PMCS/Highstreet. • HCM 20.3 PMCS/Highstreet will update documentation and configuration workbook. • HCM 20.4 Brazos will move to Production. • Benefits to Recommendation: • Using view -only Roles will prevent improper access, help ensure data integrity, allow view -only User access to data which may be critical to their job, and allow cross -departmental validation of data. This helps keep data clean, consistent, and accurate. Topic 21. Update Timecard Mapping Names Note: This is part of the Protected Leave SOW scope. • Recommendation HCM 21.0: Update Timecard Mapping Names. Background • Currently at Brazos there are a few Absence Plan names that do not match the absences that are listed on the timecard. For example: "FMLA-84 hours" is the 58 Vol. 3 A 5 Pg. 13 3 Brazos County Oracle Cloud HCM and Financials Absence plan name while "FMLA—Jailors" appears on the timecard. • Elements/Tasks to Recommendation: • HCM 21.1 Yes, we can change the timecard name. In this example'"FMLA-84 Hours" is the Absence Plan name. That will replace "FMLA-Jailers" on the timecard so that they match. The same exercise can be done for the other timecard names. • HCM 21.2 Update the Oracle configuration and provide knowledge transfer. • HCM 21.3 Test new configuration against Reports, Payroll deductions/ balances. • HCM 21.4 Update configuration workbooks and related documentation. • HCM 21.5 Move to Production. • Where External/Consulting Assistance can be leveraged: • HCM 21.1-20.2 PMCS/Highstreet will reconfigure Absence and Timecards in Oracle. • HCM 21.3 Brazos will test with support from PMCS/Highstreet.. • HCM 21.4 PMCS/Highstreet will update documentation and configuration workbook. • HCM 21.5 Brazos will move to Production. • Benefits to Recommendation: This will be another step in helping to reduce confusion for employees and staff members. It will also be easier to reconcile reports, validate data entries, and ensure consistent use of the Absence data. Topic 22. Discuss law Enforcement Officer (LEO) Holiday Time Type Note: As of July 1, 2022 this was already corrected by Brazos IT. Recommendation HCM 22.0: Discuss Law Enforcement Officer (LEO) Holiday Time Type. Background • Per Brazos pain points document: "Constables are the only department that use the Law Enforcement Officers (LEO) Time Type. It may be more effective to use Named Holidays like the other.law enforcement. departments. The LEO time type uses named holidays/ absences; civilians use time type (generic). Constables don't work on Holidays, so it might be necessary to take away the ability for Constables to see/ use Generic Holiday Time Type — LEO's should still use Named Holidays/ absences. Time Types are handled by HCM Groups (want to reduce reliance of HCM Groups). Could remove the Time Type Generic Holiday." Per Brazos more internal discussion Is required. • Elements/Tasks to Recommendation: • HCM 22.1 Lead a discussion to determine the need and design a solution. • Where External/Consulting Assistance can be leveraged: • HCM 22.1 PMCS/Highstreet can lead the discussion • Benefits to Recommendation: • — Depends on the outcome of discussions. Topic 23. Remove the future Accrual View in Absence Records • Recommendation HCM 23.0: Remove the Future Accrual View in Absence Records. Background • Per Brazos: The future accrual for sick and vacation is appearing half a pay period 59 von. 3 9 P9.12A-- Brazos County Oracle Cloud HCM and Financials before it can be used in the timecard. Line Managers and Timekeepers are having to deduct an entire accrual when enteringabsences so that they know the amount of time that is actually available. This is causing confusion. This is causing issues when calculating what time can be used for absences. Currently Brazos uses a Custom Fast Formula for, accruals and may need to adjust the FF. Elements/Tasks to Recommendation: • HCM 23.1 Review the configuration for the Absence Accrual Plans/ Balances, and the custom Fast Formula. It might be possible to remove the Fast Formula and use seeded functionality. Otherwise update the Fast Formula so that only the currently available balance is displayed. • HCM 23.2 If needed, update the Oracle configuration. • HCM 23.3 Test new configuration against the employee views. • HCM 23.4 Update configuration workbooks and related documentation. q HCM 23.5 Brazos approves and PMCS/Highstreet moves to Production. • HCM 23.6 Validate production environment to ensure successful move • Where External/Consulting Assistance can be leveraged: • HCM 23.1 Review configuration and fast formulas within Oracle. • HCM 23.2 Reconfigure Oracle as required. • HCM 23.3 Test roles. • HCM 23.4 Update documentation and configuration workbook. • HCM 23.5 Approved by Brazos and moved to Production by PMCS/Highstreet. • HCM 23.6 PMCS/Highstreet and Brazos validate conversion with knowledge transfer to Brazos of validation process and execution. • Benefits to Recommendation: • Hiding the view for future accruals will reduce the incidences where employee try to use PTO time before it has been accrued, this will reduce employee confusion about the. PTO balances and reduce. inquiries and work for the HR staff. Topic 24. Review Oracle seeded Length of Service (LOS or Seniority) functionality. Recommendation HCM 24.0: Review Oracle seeded Length of Service (LOS or Seniority) functionality. • Background • 2021 was the first year Brazos began using Longevity in Oracle. Brazos is not using the Oracle seeded calculation formula for Seniority Rules, but instead is using a custom formula that calculates ahead of time, vs. Oracle which calculates as of a certain date. The custom Fast Formula is calculating years of service as of 10/01/xx instead of 9/30/xx and may not be rounding correctly factoring in Leap Years. • Oracle didn't used to allow LOS to be determined as of a future date, only current. This is a need. _ • Oracle Length of Service functionality has improved since Brazos implemented HCM and may now meet the need. if not, the custom Fast Formula needs to be reworked. • Elements/Tasks to Recommendation: • HCM 24.1 Demonstrate seeded Length of Service (LOS) to Brazos. • HCM 24.2 If seeded LOS doesn't meet the need, conduct Discovery for custom Fast 60 Vol. 3 9.5 pg. 135 Brazos County Oracle Cloud HCM and Financials Formula. • HCM 24.3-Update custom Fast Formula. • HCM 24.4 Test the custom Fast Formula to ensure the start date of the LOS calculation is working properly. • HCM 24.5 Update configuration workbooks and related documentation. • HCM 24.6 Move to production. Where External/Consulting Assistance can be leveraged: • HCM 24.1 PMCS/Highstreet will demonstrate seeded functionality • HCM 24.2 PMCS/Highstreet will conduct Discoveryif needed • HCM 24.3 PMCS/Highstreet update the formula. • HCM 24.4 PMCS/Highstreet will lead Brazos in testing. • HCM 24.5 PMCS/Highstreet will update documentation. • HCM 24.6 Brazos will move to Production., • Benefits to Recommendation: • Since Longevity payments, and other benefits, are based on the calculation in this Fast Formula, it is important to have the results be very accurate. This affects the Civilian and LEO Seniority calculation Rules. If correct amounts are calculated, this will eliminate the need for verification of every employee's seniority payment. Topic 25. Review new hire merge functionality. • Recommendation HCM 25.0: Review new hire merge functionality. Background • Brazos will sometimes hire a contact of an existing employee. For example, Brazos may hire the son of a current employee. During the pending worker process the Cloud application attempts to merge the employee and new applicant together. • Brazos is using granular Duplicate Person record configuration (Last Name, Full First Name,•Date of Birth, Gender or National ID) -and is using the correct new hire process. • As discussed in Topic 10 above, Person Numbers are always retained; when rehired . the EE will have the same Person Number and their Assignment record would have a - 1 after the Number, i.e., if an employee has Assignment Record 54321 it would be 54321-1. Similarly, a Contact always has a Person Number, which stays with their record. • Elements/Tasks to Recommendation: • HCM 25.1 Review the "merge functionality" and processing steps to determine why the application is attempting to merge the Contact and employee. • HCM 25.2 Update merge configuration if possible. if not, recommend that Brazos open an Oracle Service Request. • HCM 25.3 Test any new configuration against the onboarding new hire process. • HCM 25.4 Update configuration workbooks and related documentation as needed. • HCM 25.5 Move to Production. • HCM 25.6 Validate production environment to ensure successful move. • Where External/Consulting Assistance. can be leveraged: • HCM 25.1 PMCS/Highstreet will review the merge functionality. • HCM 25.2 PMCS/Highstreet will update setup as needed. 61 Vol. PgI 3 6 Brazos County Oracle Cloud HCM and Financials • HCM 25.3 PMCS/Highstreet will lead testing. • HCM •25.4 PMCS/Highsteeet•will update documentation and configuration workbook, if needed. • HCM 25.5 Brazos will move to Production. • Benefits to Recommendation: • Reviewing and correcting the new hire merge process will avoid data corruption and errors during new hire entry. This will save staff -time for doing multiple entries and spending time researching what went wrong with a new hire's record. Topic 26. Review and correct Benefits Rate Rounding. Recommendation HCM 26.0: Review and correct Benefits Rate Rounding. Background FSA & DCA rounding rules are not working properly so totals at the end of the year are not matching. For example, the employee may select a DCA deduction of $5,000, but at the end of year the total amount taken is = $4,999.92. Payroll is not taking the last $0.08. Elements/Tasks to Recommendation: • HCM 26.1 Review configurations to determine whether fast formulas, elements and Plan rounding rules are set up correctly. • HCM 26.2 If needed, update the Oracle configuration. • HCM 26.3 Test new configuration against Benefits and Payroll deductions balances. • HCM 26.4 Update configuration workbooks and related documentation. • HCM 26.5 Move to Production. Where External/Consulting Assistance can be leveraged: • HCM 26.1 PMCS/Highstreet will review existing Benefits rates and Payroll element and other configuration, and Fast Formulas to identify issues with these. • HCM 26:2•PMCS/Highstreet will reconfigure set up as needed. • HCM 26.3 PMCS/Highstreet will lead Brazos in testing against payroll. • HCM 26.4 PMCS/Highstreet will update documentation and configuration workbook. • HCM 26.5 Brazos will move to Production. • Benefits to Recommendation: • Having configuration and rounding rules configured correctly will eliminate the need for validating every employee's calculated results. It is also critical that the amounts reported to the IRS are identical to the amounts withheld. Topic 27. Review seeded Total Compensation Statement Recommendation HCM 27.0: Review seeded Total Compensation Statement Background Brazos wants to be able to provide a Total Compensation Statement. There is one seeded Total Compensation Statement. Many clients require additional statements .. . and these require custom development. Elements/Tasks to Recommendation: 62 HCM 27.1 Configure seeded Total Compensation Statement. 137 Vol. 395 _-.P9 Brazos County Oracle Cloud HCM and Financials • HCM 27.2 Update configuration workbooks and related documentation. • HCM 27.3 Move to Production. • Where External/Consulting Assistance can be leveraged: • HCM 27.1 PMCS/Highstreet will develop the initial design and configuration. • HCM 27.2 PMCS/Highstreet will update documentation and provide knowledge transfer. • . HCM 27.3 Brazos will move to Production. • Benefits to Recommendation: Using the seeded Total Compensation Statement saves the time and resources to generate these statements when needed by the employee and allows the employee to generate it though self-service. This also reduces thee number of calls to the HR and Benefits staff. Topic 28. Develop a custom Benefits Summary Report • Recommendation HCM 28.0: Develop a custom Benefits Summary Report. • Background • Brazos needs a report showing all benefits and elements that an employee has. Some voluntary Insurance is setup as a payroll element, so the standard benefits listing doesn't cover/ report on all benefits. • Elements/Tasks to Recommendation: • HCM 28.1 Design report to capture all benefits and elements. • HCM 28.2 Conduct incremental testing. • HCM 28.3 Move to Production. • Where External/Consulting Assistance can be leveraged: • HCM 28.1 FMCS/Highstreet will design the report. • HCM 28.2 PMCS/Highstreet will lead testing. • HCM 2&3 Brazos will move the -report-to Production. • Benefits to Recommendation: • As with the Total Compensation Statement, employees really like the ability to see all their benefits summarized in one place — it provides a great deal of clarity: Topic 29. Conduct Dashboard training Note: This is included in the effort for Topic 18. Recommendation HCM 29.0: Conduct Dashboard training. Background • Brazos needs to be able to make more use of seeded Reporting Dashboards — especially for Open Enrollment Dashboard and Infolets. Elements/Tasks to Recommendation: • HCM 29.2 Identify dashboards used by Brazos and pain areas. Conduct formal training and knowledge transfer about how Dashboards can used for data analysis, organizing data for display, using Widgets, Infolets, etc. This will include demonstration, followed by hands-on instructor. supported training. • HCM 29.2 Move any custom dashboards or reports to Production. • Where External/Consulting Assistance can be leveraged: 63 ,�Ua. 3 9 5 pg. 3 Brazos County Oracle Cloud HCM and Financials HCM 29.1 PMCS/Highstreet will provide training and knowledge transfer to specific groups. of Brazos employees based on business process or area. Each class will include knowledge transfer about where to find and run delivered dashboard, reports, etc. The instructor will then walk-through creation of a new custom dashboard, and then support class members as they build one custom dashboard. HCM 29.2 Brazos will move new dashboard and reports to Production. • Benefits to Recommendation: • Using Dashboard functionality provides the ability to deliver information to employees and managers, which helps communication, speeds up transaction processing and significantly improves data integrity, since data errors and inconsistencies can be highlighted. Topic 30. Develop a custom Element Mapping Report • Recommendation HCM 30.0: Develop a custom Element Mapping Report • Background • Brazos needs a list of Payroll Elements showing which elements increase and which decrease employee balances. • Elements/Tasks to Recommendation: • HCM 30.1 Develop a custom Elements mapping report. • HCM 30.2 Lead testing of the report. • Where External/Consulting Assistance can be leveraged: • HCM 30.1 PMCS/Highstreet will create the element mapping report with results per element. • HCM 30.2 PMCS/Highstreet will lead incremental testing. • Benefits to Recommendation: Saves time and resources as this provides a "quick reference" source of how an element affects an employee's. payroll balance.,Also,.any duplicate or unneeded Elements can be quickly spotted. Topic 31. Adding Absence to the Timecard for Administrators. • Recommendation HCM 31.0: Adding Absence to the Timecard for Administrators. • Background • Brazos wants the ability to enter Absences directly in the Timecard, rather than having to enter the Absence in Absence Management. • This is not recommended for employees, since this bypasses the Absence Management functionality, and will result in Absence balances being incorrect, even though the time -paid was corrected. It would also -involve modifying Oracle Self Service functionality and that is not recommended. • This can be done for Administrators. • Elements/Tasks to Recommendation: • HCM 31.1 For Administrators only, enable Absence plans to be available on the employee timecard in Time Management • HCM 31.2 Test • HCM 31.3 Update configuration workbook 64 Brazos County Oracle Cloud HCM and Financials • HCM 31.4 Move to Production • Where External/Consulting Assistance can be leveraged: • HCM 31.1 PMCS/Highstreet will enable this functionality for Administrators. • HCM 31.2 Brazos will test with support from PMCS/Highstreet. • HCM 31.3 PMCS/Highstreet will update the configuration workbook. • HCM 31.4 Brazos will move to Production. • Benefits to Recommendation: • Not recommended since this "breaks" the link between data stored in the Absence module and data stored in the Timesheet. Absence will have one balance, and the Timesheet will have a different balance. Topic 32. Review Financials Budgeting Group in Step Chart vs. Ladders, Grade, and Grade Steps. • Recommendation HCM 32.0: Review Financials Budgeting Group In Step Chart vs. Ladders, Grade, and Grade Steps. • Background • Brazos loads from PBCS for HCM budget. There are several issues with the way Brazos manages budgeting against position. ■ The calculation rounding in Oracle does not match rounding in Excel. ■ Single incumbents are currently (-?) determined at the Assignment Level. ■ There are 36 groups with 20 rates, which is too complex. ■ The process to load into Financials is timing out, and the load fails. ■ Need to review the setups Grades. Grade Rates PBS = Public Budgeting, Capital Budgeting. Difficult to update Grade Rates (36 Groups, with 20 Rates). Huge # combinations. The process is timing out, and the load fails. • Elements/Tasks to Recommendation: • HCM 32.1 Analyze current Grade ladders, Grades, Grade Rates and Positions to be sure Brazos is taking advantage of seeded functionality in HR to manage Grade Rate Ranges. Determine if this aligns with Financials Budgeting Groups. • HCM 32.2.Make a recommendation to revise configuration and provide an estimate of effort. This would be a significant undertaking. The estimate here is for Discovery and analysis only. Where External/Consulting Assistance can be leveraged: • HCM 32. PMCS/Highstreet will conduct the analysis and develop an estimate for remediation. • Benefits to Recommendation: • This review will determine whether or not seeded functionality can meet Brazos' needs, thus allowing a reduction in the complexity of this configuration and the ability to successfully load to Financials. Topic 33. Provide information on Audit togs Note: This duplicates Topic 16 • Recommendation HCM 33.0: Provide information on Audit Logs • Background r 65 E 3 9 5 P9. 1401 Brazos County Oracle Cloud HCM and Financials • This is very similar to Topic 16 and maybe a duplicate. • Elements/Tasks to Recommendation: • • N/A Where External/Consulting Assistance can be leveraged: • N/A Benefits to Recommendation: • See Topic 16. Topic 34. Implement Retroactive Pay Note: This will be covered in Topic 13. • Recommendation HCM 34.0: — Implement Retroactive Pay Background • Brazos does not currently use retroactive pay functionality. PMCS/Highstreet recommends implementing it. This is dependent on the outcome of the discussion in . Topic 13. Elements/Tasks to Recommendation: • HCM 34.2 Review and analyze existing elements that would need to be included for retroactive pay. • HCM 34.2 Configure retroactive elements and link them to base elements if needed. • HCM 34.3 Conduct end -to -end testing of the retroactive process including time entry and payroll processing. • HCM 34.4 Update configuration documentation with new retroactive configurations. • HCM 34.5 Move to Production. Where External/Consulting Assistance can be leveraged: • HCM 34.1 PMCS/Highstreet will analyze'existing elements. This will require participation from the Brazos payroll team. • HCM 34:2 PMES/Highstreet•will configure -and -link pay elements. • HCM 34.3 PMCS/Highstreet will lead Brazos in end -to -end testing of the retroactive process and configuration. • HCM 34.4 PMCS/Highstreet will update configuration documentation. • HCM 34.5 Brazos will move to Production. • Benefits to Recommendation: • Retroactive pay is powerful, seeded functionality the allows the user to automate retroactive tasks that are otherwise very manual and prone to error. Topic 35. Create an Election Workers Tax Fast Formula • Recommendation HCM 35.0: — Create an Election Workers Tax Fast Formula Background • Election workers typically make less than $2,000 per year, which is the maximum allowable salary before Medicare and Social Security should be withheld. Some workers do earn more than the $2,000 threshold, in which case their entire earnings should be taxed. 66 There were 15-20 workers this applied to last year but it wasn't a big election year. In big years it might be 75-100 employees. Also, the $2,000 amount may change every i LVOIg.J p. Brazos County Oracle Cloud HCM and Financials year per legislation. • Currently Brazos County is making -adjustments to correct the amount withheld and fix the taxable wages once the election works gets to the threshold. Elements/Tasks to Recommendation: • HCM 35.1 Create Tax adjustment elements to automate the adjustments when an employee reaches $2,000 earnings. • HCM 35.2 Create a custom Fast Formula to check taxable wages and trigger the tax elements if the employee reaches $21000 in earnings. Any earnings going forward will be taxed using standard US Taxation. Note that changes to legislation will require updating the custom Fast Formula. • HCM 35.3 Conduct end -to -end testing of the new tax process including time entry and payroll processing. • HCM 35.4 Update configuration documentation with new elements and the Fast Formula. • HCM 35.5 Move to Production. Where External/Consulting Assistance can be leveraged: • HCM 35.1 PMCS/Highstreet will create the new tax adjustment elements. This will require participation from the Brazos payroll team. =• HCM 35.2 PMCS/Highstreet will create the custom Fast Formula. • HCM 35.3 PMCS/Highstreet will lead Brazos in end -to -end testing of the tax adjustment elements and Fast Formula. • HCM 35.4 PMCS/Highstreet will update configuration documentation. • HCM 35.5 Brazos will move to Production. • Benefits to Recommendation: • Brazos' current process of adjusting the tax card is manual, labor-intensive and prone to error. This customization automates the process thus reducing labor arid error. Topic 36. Research OT calculation as related to Length of Service Note: This has been combined with Topic 24. • Recommendation HCM 36.0: — Research OT calculation as related to Length of Service • Background • Oracle is not properly automatically calculating the "regular rate" for OT. This maybe related to the Brazos longevity pay. • Currently, Allan manually changes an employee's OT rate every pay period in their calculation card. • Elements/Tasks to Recommendation: • HCM 36.1 Research and understand the current Brazos business processes and payroll elements to see if they be automated. • HCM 36.2 Provide an estimate of the tasks and effort to address this issue. • Where External/Consulting Assistance can be leveraged: .s.. HCM 36.1 PMCS/Highstreet. will conduct Discovery with the Brazos team. • HCM 36.2 PMCS/Highstreet will develop an estimate to correct the issue. • Benefits to Recommendation: L. yr�l. 395 PAW � 67 Brazos County Oracle Cloud HCM and Financials • Correcting this issue eliminates manual effort and reduces the likelihood of error. Topic 37. Discuss best practices for FMLA, ADAAA, SLP, WC • Recommendation HCM 37.0: — Discuss best practices for FMLA, ADAAA, SLP, WC • Background • Brazos needs knowledge transfer for best practices related to FMLA, ADAAA, SLP, WC. • Elements/Tasks to Recommendation: • HCM 37.1 Discuss best practices related to FMLA..ADAAA, SLP, WC. • Where External/Consulting Assistance can be leveraged: HCM 37.1 PMCS/Highstreet will conduct knowledge transfer for best practices related to FMLA, ADAAA, SLP, WC. • Benefits to Recommendation: • Brazos will know how to use this functionality. Topic 38. Demonstrate' how to create and manage HCM Journeys Recommendation HCM 38.0: — Demonstrate how to create and manage HCM Journeys • Background • Brazos needs understand how to use Journeys, including how to create custom triggers. • Elements/Tasks to Recommendation: • HCM 38.1 Demonstrate how to create and manage HCM Journeys • Where External/Consulting Assistance can be leveraged: • HCM 38.1 PMCS/Highstreet will configure Journeys for demonstration and conduct knowledge transfer for how best to use them. • Benefits to Recommendation: • Brazos will know how to use this functionality. Topic 39. Research and configure core functionality to allow documents to be attached to the employee document of record Note: As of July 1, 2022 this was already corrected by Brazos IT. • 'Recommendation HCM 39.0: — Research and configure core functionality to allow documents to be attached to the employee document of record • Background • Candidate documents not currently be stored to the document records. This includes application, cover letter and resume. • Elements/Tasks to Recommendation: • HCM 39.2 Research the configuration of core HR and Recruiting to determine why documents are not being saved appropriately. • HCM 39.2 Recommend configuration changes to meet the needed functionality. • Where External/Consulting Assistance can be leveraged: • HCM 39.1 PMCS/Highstreet will conduct the research. • HCM 39.2 PMCS/Highstreet will document the recommended configuration and work with Brazos to implement it. • Benefits to Recommendation: Employee documents will be stored appropriately. 68 Vet. �--14 pg.3 Brazos County Oracle Cloud HCM and Financials Addendum 3 to STATEMENT OF WORK BASIC SAFEGUARDING OF COVERED CONSULTANTS INFORMATION SYSTEMS (A) Safeguarding requirements and procedures. (1) Consultants and County shall apply the following basic safeguarding requirements and procedures to protect County data as follows: The County will provide Consultants the necessary access to the County system and limit information-system,access to users authorized by the County, and Consultants and its employees will follow County procedures as to such access. The County will provide Consultants the necessary access to the County system as to the types of transactions and functions that County authorized users are permitted to execute and Consultants will follow County procedures as to such access. The County will verify, control/limit connections to and use of external information systems in its allowing Consultants access to the County system. (xifl) Provide protection from malicious code. (xiv) Update malicious code protection mechanisms when new releases are available. (xvi) All Consultants employees that work with County data will need to take cyber security training at least yearly. (2) Data Breach. The Consultants must notify the County by telephone and email not later than 1 business day after Consultants become aware of a suspected breach of County data. In connection with such a suspected breach of which Consultants becomes aware, then the Consultants will cooperate with the County's request to investigate and resolve the incident in a timely manner. (3) Consultants Agreement Breach. If a data breach results from Consultant's negligence, Consultants must: 1. Notify individuals, regulators and all others if required of Consultants by Identity Theft Enforcement and Protection Act in the Texas Business and - Commerce Code Chapter 521 Unauthorized Use of Identifying Information or other applicable laws. 2. Send the County written findings and remedial measures taken by Consultants from the data breach. 69 Vol. 3( Pj44 Brazos County Oracle Cloud HCM and'Financials (4) Other requirements. This clause does not relieve the Consultants of any other specific safeguarding requirements required by law. (B) Subcontracts. The Consultants shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract in which the subcontractor may have Federal contract information residing in or transiting. through its information system. (C) Consultants Safeguarding Agreement The Consultants shall apply basic safeguarding requirements and procedures to protect County data not intended for public release, which is provided by or generated for the County. (D) Definitions. Definitions are found at htWs://www.law.comell.edu/cfr/text/48/52.204-21. 70 EVol. 3 95 �g. 1 45 in DEPARTMENT: . Purchasing DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name No Attachments Available r BRAZOS COUNTY BRYAN, TEXAS NUMBER: 4/18/2023 Approval of the following committee for RFQ #CIP 23-562 Architect for Medical Examiner's Office. • a. Judge Rick Hill • b. Trevor Lansdown • c. Brian Baker • d. Kimberly Roach • e. Chief Paul Martinez • f. Purchasing (Non -Voting) • g. Legal (Non -Voting) Commissioners Court Kaltlyn Battles 04/05/2023 False False $0.00 Description Type , r I 23 Duane Peters Date County Judge Vol. 3 9 5 pg. RFP #f CIP 23-580 Old Reliance Road Phase 1 Reconstruction Max Points Available 1 Total Cost including the contingency and addenda Points for Costl 30 3 Past performance on similar projects of size and scope 1 20 4 Overall experience of Project Manager & Superintendent 20 5 Resource availability I15 Technical Proposal Total 100 Norman Construction Services "Texas 4' eriala Group, lnc. d a Guii Ca t a GR eamw. Larry Young Paving, Inc. Knife River Corp.- South Brazos Paving, Inc. Texcon General Contractors $4,692,305.50 Wj$4T4af99!aQ� $4,760,416.00 $4,420,535.84 $4,851,282.90 $4,455,797.83 28.26 T 27.86 30.00 27.34 29.76 180 $ 175 195 330 220 14.5814.58 15.00 1346 7.95 11.93 15 20 19 18 18 16 16 19 19 19 17 16 10 15 14 3s 13 84 9 96 95 85 86 Committee Recommended. Award: Texas Materials Group, Inc. Guff-�t a CRH Company Approved by Com Iss er's ou is - 1 t %-�- 2023by holding the position of C' ou C 0 AGREEMENT FOR OLD RELIANCE ROAD PHASE 1 RECONSTRUCTION RFP # CIP 23-580 BRAZOS COUNTY, TEXAS Agreement for Construction —Old Reliance Road Phase I Reconstruction RFP CIP 7vol—.—::: �pg—,A; e 1 TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Agreement for Construction —Old Reliance Road Phase 1 Reconstruction RFP CIP 23-580 Page Vol. 395 Pg. AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the OLD RELIANCE ROAD PHASE 1 RECONSTRUCTION, Brazos County, Texas, in the amount of FOUR MILLION, FOUR HUNDRED EIGHT SIX THOUSAND, SEVEN HUNDRED AND NINTY NINE DOLLARS AND FORTY CENTS ($4.486.799.40) is entered into this day of April 2023 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and TEXAS MATERIALS GROUP, INC. DBA GULF COAST A CRH COMPANY (hereinafter referred to as "Contractor"). The OLD RELAINCE ROAD PHASE 1 RECONSTRUCTION is hereinafter referred to as the "Project." The Engineer for sealed plans is the firm of GESSNER ENGINEERING, LLP and Construction Administration to be done by GOODWIN-LASSITER-STRONG, the Project Manager 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 23-580 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 — Old Reliance Road Phase I Reconstruction RFP CIP 23-5 P e 3 ilol. Pg' -L- 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 OLD RELIANCE ROAD PHASE 1' RECONSTRUCTION in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: This project consists of the rehabilitation of a portion of Old Reliance Road. 1.1.6 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location -and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in, a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or "Drawings" are used, they shall be Agreement for Construction — Old Reliance Road Phase 1 Reconstruction RFP CEP 23-580 e 4 Vof. Pg. �" understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. .6 Day: A calendar day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Engineer approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Engineer, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Engineer and Owner. .8 Date of Final Completion: The date when Engineer and Owner find all -the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not —in —Contract (N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall'be enforceable by Owner when read in either manner. .12 General Contractor: Same *as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item - of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item 'of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A change to the - Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. Agreement for Construction —Old Reliance Road Phase I Reconstruction RFP CIP 23-580 v01. P9.1-5- .18 AgreementlContract: Agreement/Contract means the same and are used interchangeably throughout this.document. This Agreement/Contract is the signed agreement between Owner and. Contractor for the performance of the Work. .19 Critical Path: The 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 Construction — Old Reliance Road Phase 1 Reconstruction RFP CEP 23-580 Page .Vol. 3 9 5 pg. 5 3 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. r 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are. used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including.the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Engineer. 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration. of Items: Lists of "work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (1) Agreement for Construction — Old Reliance Road Phase 1 Reconstruction RFP CEP 237 II A0l. fig. 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 —Old Reliance Road Phase I Reconstruction RFP CIP 23�5$0 __.�_ — — w —Page 8 voi. 3 9 5 pg. 1 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— Old Reliance Road Phase 1 Reconstruction RFP CIP 23-580 3915 Page 9 i/c31. Pg. _,.�� 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 Capital Project Manager, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. - 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction. 2.2.3 Information or services required .of the Owner by the Contract Documents shall be furnished 'by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information. and belief. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; Agreement for Construction— Old Reliance Road Phase I Reconstruction RFP CIP 23-580 f ge 10 Vol. — P9. 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 —Old Reliance Road Phase I Reconstruction UP CIP 21580 395 95 pg. agelll Vol: 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— Old Reliance Road Phase 1 Reconstruction RFP CIP 2�-%. pg. I b Was 12 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. 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP Section 8(f). 3.3.7 Layouggrades will be per plans. Agreement for Construction —Old Reliance Road Pbase I Reconstruction RFP CIP 2 -580 Pa 13 Vol. 3 9 5 P9•f� 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 — Old Reliance Road Phase 1 Reconstruction RFP CIP 23-580 395 Page 14 Vol. pgl jl Contract, whether or not any portion or trade has been assigned'or sub -let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable. directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.6.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in 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 — Old Reliance Road Phase I Reconstruction RFP CIP 23-580 395 Page 15 Vol. Prg• - - — 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 Construction — Old Reliance Road Phase 1 Reconshuction RFP V2ol. 3-580 3 9 5163 1ge 16 a� Pg• I .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $150,000.00 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section 8(f). 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Engineer the name and qualifications of a proposed superintendent. The Owner or Engineer may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Engineer has reasonable objection to the proposed superintendent, or (2) that the Owner or Engineer requires additional time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly (within ten (10) days) after notification of contract award, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction - activities to commence . prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Engineer, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Engineer's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule Agreement for Constmetion — Old Reliance Road Phase 1 Reconstruction m dip 23-580 - f 6 4 Page 17 1 vol. 395 Pg. Il 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. •r 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 Drawingsare drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub —subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents. -Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor- shall review - for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Engineer without action. Agreement for Constmaion — Old Reliance Road Phase 1 Recomtruction UP CIP 23-580 a er Page I Vol. Pg. 165 -- 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 speck attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8The Work shall be -in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the 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 property 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 —Old Reliance Road Phase I Reconstruction RFP CIP 23-580 6 �ag j 19 1 VOI. 395 Pg. The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at 'the site to -areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents -and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on, project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall notbe unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. Agreement for Construction— Old Reliance Road Phase 1 Reconstruction RFP CIP 23-580 -- ag 20 3_9-5________ Vol. Pg. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Engineer. 3.18 INDEMNIFICATION 3.1 & 1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS,. LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB -CONTRACTORS, SUB -SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT 1N WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE Agreement for Construction —Old Reliance Road Phase 1 Reconstruction RFP C�3�80 _�..�.�4" � � � Le � ge 21 V clot. F9• - OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERIN►SE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.1& THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR EN77TY. THIS INDEMNIF►CATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub -Sub -contractor, anyone directly or indirectly employed by them .or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Engineer, the Engineer's consultants and agents and employees of any of them arising out of: (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions or instructions by the Engineer, the Engineer's consultants and agents and employees of any of them, provided such giving, or failure to give, is the primary cause of the injury or damage. The indemnity for the Engineer, the Engineer's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Engineer, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be approved in writing by Engineer or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Engineer for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Engineer. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractorshall proceed only after receiving additional instructions from Engineer. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Engineer, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Engineer, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. Bement for Construction — Old Reliance Road Phase I Reconstruction RFP CIP 23-580 Pa 22 i Vol. Pg� 6 9 g 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break —down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. -3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Engineer. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Engineer and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (at a maximum, in calendar days) Day 0: Contractors receipt of Notice to Proceed Submittals, as needed, to be provided within a reasonable time. Day 180: Contractor attains Substantial Completion Day 210: Contractor attains Final Completion 4.1 ENGINEER 4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Engineer" means the Engineer or -the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E," or "Engineer/Engineer" shall mean Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise. provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise Agreement for Construction — Old Reliance Road Phase 1 Reconstruction RFP CIP 23-580 9 5 r� ® age 23 modified by written instrument in accordance with other provisions of the, Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard, the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on -site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner ,for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and, will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs Agreement for Construction— Old Reliance Road Phase I Reconstruction RFP CIP 23-580 e 24 j VOI. 395 pg. 171 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Engineer's services and expenses. 4.2.7 The Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Engineer is limited to only those submittals required by the Contract Documents. The Engineer's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Engineer's professional judgment to permit adequate review by the Engineer, Engineer's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Engineer's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Engineer's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Engineer, of any construction means, methods, techniques, sequences or procedures. The Engineer's review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Engineer will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Engineer may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Engineer may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10If the Owner and Engineer agree, Engineer will provide one or more project representatives to assist in carrying out the Engineer's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Engineer will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is Agreement for Construction — Old Reliance Road Phase 1 Reconstroction RFP CIP-23-5 T—L 25 Vol. 3 9 5 Pg. / �r 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 additional Claim made after the initial Claim has been implemented by Change Order Agreement for Construction— Old Reliance Road Phase 1 Reconstruction RFP CiP 2�480-- . Page 26 Vol. � 395 pg. � � 3 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. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown.Conditions. if conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be.given to the other party promptly before conditions are disturbed. The Engineer will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of -the Contract is justified, the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Engineer has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner`s suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. Agreement for Construction — Old Reliance Road Phase I Reconstruction RFP CIP 23-580 Pa 27 Vol. ��� Pg• 174 a 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— Old Reliance Road Phase 1 Reconstruction RFP CIP 2 - o Pag, vol. 395, P9. 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 arid of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Eh,,gineer's decision will be made within seven (7) days. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Engineer may,. but is not obligated to, notify the surety and request the'surety's assistance in resolving the controversy. Agreement for Construction— Old Reliance Road Phan 1 Reconstruction RFP CiP 23-580 Page 29 Vol. 3 9 5 pg. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub —subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub — subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub —subcontractor or an authorized representative of the Sub — subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with 'a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person'or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor Agreement for Construction — Old Reliance Road Phase 1 Reconstruction RFP CIP 23-580 0 Voll. 395 pg. 177 for any portion of the work shall not constitute reason for an increase in the Contract' amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Engineer. Each subcontractor.agreement shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the.Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub —subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub —subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor. or Sub -subcontractor, or other levels of contractors and subcontractors, and Owner or Engineer, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work- has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. Agreement for Constntction — Old Reliance Road Phase 1 Reconstruction RFP CIP 23-580 31 Vol. _ Pg. °� �► ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or. substantially similar, to these including those portions related to insurance and waiver of subrogation. if the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner —Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of .the Contractor to report shall constitute an acknowledgment that the Owners or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities Agreement for Construction— 01d.Reliance Road Phase 1 Reconstruction R" CIP @--- 32 Vol. 3 9 5 Pg. 179 or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 - CHANGES 1N 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. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those Agreement for Construction— Old Reliance Road Phase I Reconstruction RFP CiP 580 395 � ® Fage I Vol. 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; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; Agreement for Construction— Old Reliance Road Phase 1 Reconstruction RFP P a 34 Vol. 395 p4. 8 1 .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 one hundred and eighty (180) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2. The date of commencement of the Work shall be effective upon the final approval Agreement for Construction— Old Reliance Road Phase I Reconstruction RFP CIA 23-580 Pa,;,- 35 `Jul. 3 9 5 Pg. 18 2- 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. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will,cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages; mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in, accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, Agreement for Construction —Old Reliance Road Phase I Reconstruction RFP C _23-58(l- ---- ge 36 vol. 395 Pg.18 3 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. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction Agreement for Construction— Old Reliance Road Plmse l Reconstruction M23-580------ -- 8 Page 37 Val. 3 9 5 Pg. or re -execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed.as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 -The Contract Sum is FOUR MILLION, FOUR HUNDRED EIGHT SIX THOUSAND, SEVEN HUNDRED AND NINTY NINE DOLLARS AND FORTY CENTS ($4.486,799.40) 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.accountof materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. - Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall- include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Agreement for Construction— Old Reliance Road Phase I Reconstruction RFP —58 Pale 38 99- 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances 'in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials. and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of -the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven - (7) days after receipt -of the Contractor's Application for Payment and- the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer _determines is properly due or notify the Contractor and Owner. in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the'Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on —site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, 'to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for. Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or Agreement for Construction —Old Reliance Road Phase I Reconstruction ]UP CIP23� _- age 39 Vol. Pg. - ��,;' subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .6 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub -contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 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 amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to Agreement for Construction — Old Reliance Road Phase 1 Reconstruction RFP CIP 23=590 s-ra 0 v�l. Pg. 18 7 contact Subcontractors to as 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. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut —down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shag 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. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements. of.the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate Agreement for Construction — Old Reliance Road Phase I Reconstruction RFP CIP rag 7Z-71�_--pg. _ks$' 41 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 there in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement. with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned, to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently_ complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's 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 Agreement for Construction —Old Reliance Road Phase 1 Reconstruction RFP CIP 23 580 M. 8 '9 Page vol3 9 5 tag. -- for Payment, the Engineer and Owner will in a reasonable time, make such inspection and- when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on -site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1). an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that Insurance -required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance -for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted. by the Contractor to the Engineer prior to certification of such -payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. Agreement for Constniction — Old Reliance Road Phase 1 Reconstruction RFP C1P 13 580 395 Page 43 i Vol. pg•] 9 i 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. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND. PROPERTY 10.1 SAFETY AND. HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and Engineer and their consultants and employees; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub —subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall -comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 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, Agreement for Construction— Old Reliance Road Phase 1 Reconstruction RFP CIP ±1:5-80 PaL)rd 44 'Vol. 395 Pg L. demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Engineer, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage -of explosives is prohibited. 10.2.5 The Contractor shall promptly remedy damage and -loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub —subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable .to acts or omissions of the Owner.or 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 property protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work.shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. Agreement for Construction— Old Reliance Road'Phase I Reconstruction RFP CIP 23-580 — — 69: Page-4 Vol. 395 pg. 10.Z10, 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 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 Agreement for Construction —Old Reliance Road Phase 1 Reconstruction RFP CIP 23-580 - _ -_ v --Page 46 193 Vol. Pg. 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 fumish 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, dandling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form. at the Project site. 10.3.5 The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner 'and Engineer prior to bringing any hazardous material or substance. onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 0 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 Agreement for Construction— Old Reliance Road Phase t Reconstruction RFP CIP 23-580 Page 47 Vol. Pg 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. 1 ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR`S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1..1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; _ .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims -made basis, the'policy date or Retroactive Date Agreement for Construction — Old Reliance Road Phase I Reconstruction RFP CIP 23-580 Page 48 Vol. 395 Fg.14-5- shall predate the Contract; the termination date of the policy,or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater: Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable. (d) Employer's Liability: $600,000 each accident, $600,000 disease, policy limit, $500,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability. (including Premises - Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $1,000,000 each occurrence, $1,000,000 aggregate (b) Property Damage: $1,000,000 each occurrence, $1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $1,000,000 each occurrence (b) Property Damage: $1,000,000 each occurrence, $2,000,000 aggregate 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 went for Construction— Old Reliance Road Phase 1 Rewnstcuction UP 23-580 i n �� P e 49 ` Vol. 395 1 g. U 6i [, 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) Mote: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self -insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent liability for claims which may arise from operations under the Contract. .1 Bodily Injury: $1,000,000 each occurrence $1,000,000 aggregate .2 Property Damage: $1,000,000 each occurrence $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 Agreement for Construction— Old Retiance Reed Phase t Reconstruction RFP C!P 51 i 7Pag 50 TV01. 9 5 Pg• 1 modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract sum,for the Work. If Owner is damaged by failure of Contractor to maintain such insurance, then Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Engineer's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. -11.4.4 Contractor shall require attorney -in -fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. Ageement for Construction— Old Reliance Road Phase I Reconstruction RFP CIP 23-580 Page 51 395 Pg. Vol'. w 11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the. bonds or shall'permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and ' (4) any other information required by surety. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK. 12.1.1 If a portion of the Work is covered contrary to the Engineer's, Owner's or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Engineer, be uncovered for the Engineer's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Engineer, Owner or governing authority has not specifically requested to examine prior to its being covered, the Engineer, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense unless the condition Was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor 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 Agreement for Constnxtion —Old Reliance Road Phase I Reconstruction RFP CIP 23.580"- 395 Pa a 52 Vol. Pg. �_ 9 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. 12.2.2.27he 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. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF.NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the .Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and .determination to accept such defective or 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. Agreement for Construction —Old Reliance Road Phase 1 Reconstruction RFP CIP 23-580 - 3 9 5 6 ®P�e 53 Vol. v Fr ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County, Texas. Respondent(s) understands that Brazos County is:a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained' in the. Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The . Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety, The Contractor shall file a, copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment .of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for 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 for and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. Agreement for Construction— Old Reliance Road Phase 1 Reconstruction RFP CIP29-580 Page 54 39-5 201 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 Engineers services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector (if any). 13.6.5 If the Engineer, Owner or Project. inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. Agreement for Construction— Old Reliance Road Phase I Reconstruction RFP CIP 23-586- ° Page 55 395.202 i I 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: A 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 r— .3 After. Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any'and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure -to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. ,.2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION - 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate 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. Agreement for Construction — Old Reliance Road Phase 1 Reconstruction RFP CIP 580 395 95 Pagq 56 P9 Vol. • 24-3-- ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub— subcontractor- or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an. order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one 'hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead,• profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 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. Agreement for Construction— Old Reliance Road Phase I Reconstruction RPP CIP�580 Pad, 57 I Vol. 3 9 5_ Pg. —- 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 causei order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be .adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by. another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause.. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .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. N Agreement for Construction — Old Reliance Road Phase 1 Reconstruction RFP C 2 ®5 Pae 58 87Q,. P�9 395 - - 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work -not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Engineer, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date .of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics.' It -is not the intention to discriminate against, or prevent, any -dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Engineer, expressed in writing, meet or exceed the characteristics of the specified items. ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. Agreement for Construction — Old Reliance Road Phase 1 Reconstruction RFP CIP 580 6 rage J ARTICLE 18 ' PREVAILINGWAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, TexasrGovernmentCode, Title 10, requires state agencies, cites, 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 Courfs approval of the Agreement as set forth in the minutes of .the Coud's (a PCCrc_ l o , 2023, meeting. This Agreement is entered into in as of the day and year first written above and is executed: in -at least three (3) original copies of which one (1) is to. be delivered to the Contractor, one (1) to the Engineer for use in the administration of the Contract, and the remainder to the Owner. OWNER: BWOS COUN AS Date: /A-edzL_ 1 b, Brazos County Judge 330 South Texas Ave., Suite 332. Brazos, Texas 77803 CONTRACTOR: [VENDOR] Texas Materials G •oup, inc. dba Gulf Coast a CRH Company T Date: Ap ri14 2023 J V Agn:ement for Constmction— Old Reliance Road Phase I Reconstruction RPP CIP-23-580 Vol. 39 5 P9- — ATTACHMENT "A" OLD RELIANCE ROAD PHASE 1 RECONSTRUCTION REQUEST -FOR PROPOSAL CIP 23-580 Agreement for Construction — Old Reliance Road Phase 1 Reconstruction RFP CIP 23-580 Page 61 REQUEST FOR PROPOSALS RFP NO. CIP 23-580 Old Reliance Road Phase.1 Reconstruction SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, March 21, 2023 2:OOpm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan,. TX 77803 Phone: (979).361-4290 Fax: (979) 361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the RFP. Any such -contact will be grounds for rejection of the vendor's proposal. In compliance with this solicitation, the undersigned proposer having examined the solicitation and specifications and being familiar with the conditions to. be met, hereby submits the following RFP for furnishing the material -and/or services listed on the attached bid form and agrees to deliver said items at the locations and for'the prices set forth on the bid form. Company Name: Texas Materials Group, Inc. dba Gulf Coast a CRH Company By (Print): Kyle Lewis Title:. Area Manager Physical Address: 23990 State Hwy 6, Navasota, Texas 77868 Mailing Address: 23990 State Hwy 6, Navasota, 'texas 77868 Telephone: (936) 825-0118 Fax: N/A ' E-Mail:klewis@texasmaterials.com r. VOL pg. A. SOLICITATION SCHEDULE A Pre -Proposal Conference will be held in the Brazos County Purchasing Office located at the Brazos County Administration Building, 200 South Texas Ave, Suite 352, Bryan, Texas 77803 at 3:00 p.m. on Tuesday, March 7, 2023. Release of RFP Advertisement Dates Pre -Proposal Conference _-_-_.____ Deadline for Questions Proposal Submission Deadline Review/Contract Evaluations/Negotiations Friday, February 24, 2023 _....... _ Friday, February 24, 2023 . Friday, March 3, 2023 Tuesday, March 7, 2023 at 3:00 PM CST Tuesday, March 14, 2023 at 5:00 PM CST Tuesday, March 21, 2023 at 2:00 PM CST April Anticipated Award April Anticipated Construction Start_ _ _ _ _ _------- May B. SUMMARY OF WORK The reconstruction of Old Reliance Road from the City of Bryan City Limits to Messina Hof Winery, approximately 7,820 liner feet (LF), reconstruction of portion of Wallis Road from the Old Reliance Road intersection to the City of Bryan City Limits approximately 1,100 LF, and reconstruction of Austin's Estates Drive, approximately 136 LF includes the following: 1. Demolition, mixing, and reuse of approximately existing chip seal -and HMAC pavement, base, and subgrade 2. Demolition, mixing, and reuse of existing driveways and the removal of the existing driveway culverts including safety end treatments 3. Grading of proposed roadway and roadside ditches 4. Installation of new crossing culverts including headwalls 5. Installation of new driveways and driveway culverts including safety end treatments 6. Installation of Type R Rock riprap and concrete slope paving at crossing culverts 7. Installation of approximately 9,060 LF of asphalt pavement section. 8. Traffic Control, Erosion Control, and SWPPP record keeping 9. Other subsidiary items C. ALTERNATES There are no planned alternates for this project. D. CONDITIONS OF RFP The following instructions apply to all proposals and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this Proposal. All Contractors are required to be informed• of these Terms -and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws., 2 Page Vol. c. CONTRACT - An agreement between the County and a Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The -successful Contractors) of this proposal request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. g. SUPPLIER - Same as Contractor 2. Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this .RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If the County chooses, these top scoring firms will be given an opportunity to present potential value engineering or cost saving suggestions to the County. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion . and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will -be requested including any revisions and allowing for a revision of the .completion timeframe for inclusion into the final contract. 3. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful Contractor for "the period designated. 4. Proposals must be received by the Purchasing Department prior to the time and date specified. 5. The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential Contractor. Only written specifications and written price quotations will be considered. 7. Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. 8. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable and non -assignable by either party. 9. The County may cancel this contract at any time for any reason, provided a .thirty- day written notice is given. 10. The proposal award shall be based on, but not necessarily limited to, the following factors: a. Total cost including the selected alternates and addenda 30% Contractor's fee and all construction costs by line item will be considered with all other criteria to determine best value to the project. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated.. b. Completion time 15% How many days it will take to reach substantial completion of the project. The lowest construction time proposal of all the proposals become the standard by which'all the time proposals are evaluated. c. Past performance on similar proiects of size and scope 20% Proposer's specific experience on like projects. Consideration will be given to the number and type of like projects completed. d. Overall Experience of Project Manager & Superintendent' 20% Proposer's direct management personnel experience. Points are awarded based on the qualifications of proposer's Project Manager and Superintendent. e. Resource Availability 15% Listing of personnel and company owned or leased equipment. Provide other resources available. 11. Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost. 12. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 15. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Purchasing Agent. 16. Proposals will not be considered if submitted by telephone, fax, or any other means of rapid dispatch,• nor will a proposal be considered if submitted to any other person or department other than specifically instructed. 17. All proposals shall be submitted in accordance with the instructions contained herein. Brazos County will not be liable for any information received through other websites or sources of information. It is the sole responsibility of the vendor to verify the accuracy of information received from sources other than Brazos County. It is recommended that the 212 Vol. 395 Pg. respondent check the Brazos Valley e-Marketplace (bgps://brazosbid.ionwave.net) for addenda prior to submitting their proposal. 1.8. There is no expressed or implied obligation for Brazos County to reimburse responding service providers for any expenses incurred in preparing proposals in response to this request. 19. Proposals must show full company name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the Contractor. Company name and authorized signature shall appear in each space provided. The Contractor must include Employer Identification Number or Social Securitv Number and signature for the proposal to be valid 20. The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit C attached. A contractor or subcontractor who violates this section shall pay to Brazos County $60 for each worker employed for each calendar- day or part of the day that the worker is paid less than the wage rates stipulated on Exhibit C. 21. Proposals must specify the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to specify completion time or failure to comply with completion time will be considered reason enough to cancel the contract. 22. Proposals must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. In the event of a discrepancy between the numbers given for the price and the word form of the price, the word form shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given- consideration provided that the bidder also bids on the quantity specified. 23. It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 24. This Proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County contained in this RFP or the plans for this RFP shall supersede those of the vendor in the event of a conflict. 25. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision -it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. .___ _._-. 2 13 Page Vol. 395 Pg 26. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. SPECIAL PROVISIONS 1. Proposers with questions regarding the proposal should submit them in writing via the Brazos Valley e-Marketplace at hMs://brazosbid.ionwave.net. 2. Fill out the proposal completely, identify the proposal name and number on the outside and return it to the Brazos 'County Purchasing Department, Administration Building 200 South Texas Ave., Suite 352, Bryan, Texas 77803 prior to the submission deadline. The proposal is invalid if it is not deposited at the designated location _prior to the time and date advertised, or prior extension issued by the County. All proposals shall be prepared on the bid forms located on the Brazos Valley e- Marketplace County -web site https://biuzosbid.ionwave.net. The proposer must put the proposal number and name on the front of the envelope before mailing it to the Purchasing Department. 4: In addition to the County's proposal form, all proposals shall be accompanied by a Contractor's Qualification Statement (AIA Document A-305 or equal) listing five (5) like projects, along with the project's owner and engineer contact information on each project. Please note key individuals means Project Manager and Superintendent for this project. Please be specific on the project commitments in, progress and future planned commitments to comply with the requests of this RFP. 5. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from Contractors. 6. The contract shall be awarded to the responsible Contractor whose proposal is determined to be the best evaluated offer. 7. Your response to this proposal should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would- be advantageous to Brazos County. 8. Performance Standards: a. All services contracted herein shall be done in a courteous and orderly manner. All Contractor personnel shall be appropriately dressed at all times while on the property. b. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. c. All materials and equipment brought to the site are the full responsibility and liability of the Contractor until removed from the site as required. d. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. _._ 6 1 Page ' Vol. 395 pg 214 e. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the performance of the work herein to be done. f. The Contractor shall be responsible for initiating,. maintaining, and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the project and other persons who may be affected thereby, (2) the project and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. g. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). F. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 1. Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the Proposer believes that the- Proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted and provide* specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not acceptable. All Proposals or parts of the Proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful Proposal may be considered public information even though parts are marked confidential. .2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of Proposers. Proposers are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your entire Proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act. 4. The requirements of Subchapter J. Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. G. CONFLICT OF INTEREST 1. The Proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of Brazos County. 2. By signing and executing this Proposal, the Proposer certifies and represents to the County the Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, 7 Page voi. 3 9 5 Fig.� 15 recipient's decision, - opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process, Proposers, their -employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County Commissioner's Court meets to consider -award of the Proposal. Any such contact will be grounds for rejection of the vendor's proposal. H. ADDENDA AND MODIFICATIONS 1. .Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in the Proposal. 2. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request of the Proposer, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley e-Marketplace and will become a part of the Proposal package, having the same binding effect as_ provisions of the original Proposal. No verbal explanation or interpretations will be binding. In order to have a request of interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than the question deadline. 3. All addenda, amendments, and interpretations of this solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used -in preparing Proposal responses. 4. The County does not assume responsibility for receipt of any addendum sent to Proposers. 5. All addenda must be acknowledged on this form. 6. The Commissioner's Court delegated the right and responsibility for issuing any and all . addenda to the Purchasing Agent. I. EXANIINATION OF DOCUMENTS AND REQUIREMENTS" 1. Each Proposer shall carefully examine all RFP documents and be. thoroughly familiar with all requirements prior to submitting a Proposal. 2. Before submitting a Proposal, each Proposer shall be responsible for making all investigations and examinations that are necessary. to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the Proposer of the obligation to comply, in every detail, with all provisions and requirements of the RFP. S. s 1 Page -g. J. TAXES Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. K. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons• or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, -its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or, shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy c. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. COMMERCIAL GENERAL LIABILITY a. General Liability insurance shall be written by carrier with an A:VHI or better rating in accordance with the current Best Key Rating guide. b.Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. c. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d.Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided at the Contractors expense. e. Brazos County shall be named as additional .insured on Contractors insurance. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 91Page 217 Vol. pg 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an ANIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 3. WORKER'S COMPENSATION INSURANCE - Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of $500,000.00 for each accident is required. b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words . or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: a. Definitions: i. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. ii. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. iii. Persons providing services on the project ("subcontractors" in section 406.096 {of the Texas Labor Codel) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project; such as 218 0 j Page Vol. Pg. food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: i. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and I no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage -for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.014 (44) for all of its employees providing services on the project, for the duration of the project; I provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. iv. obtain from each other person with whom it contracts, and provide to the Contractor: 1(Page. Vol. 3 9 5 Pg. 219 (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; vi. notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii. contractually require each person with whom it contracts, to perform as required by paragraphs (a)-(g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self -insured, with the commission's Division of Self -Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. CERTIFICATES OF INSURANCE Certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. L. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 12 1 Page Vol. 3 9.5 pg. 2 2 0 1 The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. M. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste and informing employees of any such hazardous material's or waste. The Contractor�shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Attu.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. N. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries; death, damages, or breach are caused in part by the negligence, or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. i b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. c. The Contractor shall indemnify and hold harmless and defend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any, damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. f. The Contractor shall also be responsible for subcontractors hired. Vol. 5 Pg. g.. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions- or instructions by the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. O. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. P. BONDING REQUIREMENTS 1. All bidders must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 2. The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of the total contract sum within -ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE i 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. 14 1 Page Vol. 3 9 5 pg. 2221 Q. PROPOSAL SUBMITTAL . 1. The Proposer shall submit the proposal on the forms enclosed on the Brazos County web site. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the bidder shall state the prices. 2. If a proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. The Proposer must submit one (1) original of completed RFP with appropriate signature(s). This should include any pricing (Exhibit B), references, specified qualifications, etc. The Proposer must also submit and five (5) copies of the qualification statements in their proposal packet. 4. By signing the certification below, the proposer verifies that all plans and specifications have been reviewed and are considered in the pricing attached. Prior to award, the proposer shall also complete the Verification of no Delinquent Taxes or Fees form (V.T.C.A. LOCAL GOVERNMENT CODE §262.0276), Legislative Certification Form, and the Disclosure of Interested Parties (1295). These are all available on the Brazos County Purchasing website. 5. By submitting a response to this RFP, the proposer is agreeing to sign the County's Contract (Exhibit A) attached. 6. The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. a. Completed and signed RFP including: i. References (Section T) ii. Certification of Proposal (Section X-) 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 Hi. To include list of available resources (Personnel and equipment not concurrently committed to another project.) c. Bid Bonds d.Exhibit B — Pricing Form 7. By submitting a proposal, the proposer is stating that they have reviewed and considered the RFP, Exhibit A (County's Contract), Exhibit B (Bid Form), Exhibit C (Prevailing Wages), Exhibit D (Engineer's drawings and Specifications), and Exhibit E (Supplementary Conditions).. 1 P age e 395 R. LIST OF SUB -CONTRACTORS: 1. Paving S e., f Peda'V,'X. 2. Concrete 5.t,1 f ptWe'v-141L 3. Traffic ControlIGG<,/ 4. Erosion Control �' ,� _ T-� X 5. Earthwork se. - Pcr&r_'L. 6. Demolition j�l PevtorAN 7. Revegetation 6&!1., i !c X 8. Other Beve-k - C l'e4 t.— 9 0 U_; S. PRICING Complete Exhibit B attached and submitted with the proposal. T. REFERENCES Respondents shall provide a list of at least five (5) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. References received on previous solicitations for similar size and scope in the previous six (6) months may be considered in lieu of obtaining a new reference check. A negative reference may be grounds for disqualification of bid. Respondents are not allowed to use Brazos County as a reference. Company/Entity: TxDOT - Austin FM 2429 Contact: Ryan Simper 979-532-3143 Phone: ryan.simper@txdot.gov Email: Company/Entity: TxDOT - Bastrop US 290 Diana Schulze Contact: 512-321-2195 Phone: Email: diana.schulze@txdot.gov Page Vol. 3 9 5 pg. 2 2 4 TxDOT - Frio SH 85 Company/Entity: Contact: Christen Longoria, P.E. Phone: 830-257-8444 Email: christen.longoria@txdot.gov Tz Company/Entity: TxDOT - Montgomery FM 1097 Contact: Abraham Guzman, P.E. Phone: 936-538-3300 Email: abe.guman@txdot.gov Company/Entity: City of Baytown - Construction of Garth Road Nathan Davis Contact: 713-777-5337 Phone: Email: ndavis@jonescarter.com Vol. 395 Pg. - 225 .17 1 Page U. PROPOSAL EVALUATION WAIVER By submitting a proposal or response, each Proposer/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The Proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. STATEMENT OF AFFIRMATION The undersigned affirms that he/she is duly authorized to execute this waiver by the person(s) or r business entity making the proposal. Firm's Name: Texas Materials Group, Inc. dba Gulf Coast a CRH Comapny Address: 23990 State Hwy 6, Navasota, Texas 77868 Proposer's Name: Kyle Lewis Position/Title: Area Proposer's Signature: Date: March 21, 2023 Subscribed and sworn to me on this 21st Notary Public My Commission expires 08/26/2023 day of March in the year 2023 .ESMERALDA DELGADO 4otary Public, State of Texas Comm. Expires 08-284 Notary ID 132144990 V. ADDENDA The undersigned acknowledges responsibility for all addenda issued prior to closing date. No addenda will be issued less than 48 hours prior to the solicitation submission deadline. No. I No. No. Date 3 LZ Date 3 of 2.3 Date voi. 3 9 5 Pg. W. CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Contractor, and that the contents of this bid have not been communicated to any other r prior to the official opening. Signed By: Typed Name: Lewis Title: Area Manager Company Name: Texas Materials Group, Inc. dba Gulf Coast a CRH Company Mailing Address: 23990 State Hwy 6 Navasota TX 77868 P.O. Box or Street City State Zip Employer Identification Number: 58-1401466 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 23-580 By signing below, Brazos County agrees that this RFP CIP 23-580 will be awarded to the proposer whose name appears above and th parties rao the ter d conditions contained herein. By: Brazos County Commissioner's Court Date: f4 P CL-r- — I Attest: Brazos County Clerk 9 1 Page Vol. pg. `� 2 Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 3614293 Addendum #1 to CIP 23-580 Old Reliance Road Phase 1 Reconstruction Issued: March 1, 2023 Change: Adding Liquidated Damages & Updated Bid Form Reason: Clarification and Information A new bid form has been added with the correction to bid items 412 and 414 from Type B, to the corrected, Type C. Liquidated Damages was left out of the RFP, please see the conditions that will apply to the proposal: The proposal specifies the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the contract. If the job cannot be completed within the terms of the contract as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and -fixed sums, hereinafter agree to as liquidated damages, for each additional calendar day of delay past the thirty (30) days stated in the contract: two hundred fifty dollars ($250.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. 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 Adden Signature: Printed Name: i1 vd. 395 Pg. Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #2 to CIP 23-580 Old Reliance Road Phase 1 Reconstruction Issued: March 9, 2023 Change: Clarifications, updated bid form, Geotech report, and pre -proposal sign in sheet and notes Reason: Clarification -and Information requested at pre -proposal meeting 1. Geotech report is now attached on the online bidding website. 2. Revision to Exhibit B — Bid Form is attached on the online bidding website. We have attached it as an Excel file for easy fill. 3. Subgrade: The initial scope of work states that the subgrade should be demoed, mixing, and reuse, but the correction is the reclaimed roadway portion of the project is not intended to disturb existing earth subgrade. The 4" depth of crushed limestone base reclamation was set avoid disturbing underlying materials. The portion of Old Reliance Road that will be realigned to connect with Austin's Estates Drive will include existing subgrade preparation and stabilization. 4. Blade laying the Type B HMAC with a motor grader — Although considered during the pre - proposal discussions, the scope of the project is a significant HMAC thickness depth and length that Brazos County WILL NOT allow the use of motor grader to lay or spread the Type B HMAC. An asphalt paver is to be used. 5. Brazos County will not be uploading the CAD documents for this project at this time but is looking in on how to do this for future projects. 6. Sign In Sheet from the Pre -Proposal is attached on the online bidding website. 7. Minutes from the Pre -Proposal is attached on the online bidding website. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in th Acknowledgement of Signature: Printed Name: ` VOL 3 9 5 Pg. _T2_9_ CERTIFICATE OF INTERESTED PARTIES FORM 1295 1af1 Complete Nos. 1- 4 and 6 if there are Interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-993631 Texas Materials Group, Inc. dba Gulf Coast, a CRH company Baytown, TX United States Date Filed: 03/13/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP No. CIP 23-580 Old Reliance Road Phase 1 Reconstruction 4 Name of Interested Patty City, State, Country (place of business) Nature of interest (check applicable) Controlling intermediary Texas Materials Group, Inc. dba Gulf Coast, a CRH company Baytown, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Kyle Lewis and my date of birth is March 10,1977 t My address is 23990 State Hwy 6 Navasota TX 77868 USA (street) .(city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Brazos County, State of TeXaS on the 21St day of March 20 23 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.st4te.tx.us Vol. Pg. �•+ Sao! ao! V3.5.1.3ac88bc0 Doc481gn Envelope ID: 909930A1-211E-4A7C-8A46.8BD2472F316F ACTION BY WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF TEXAS MATERIALS GROUP, INC. The undersigned, being all of the members of the Board of Directors of Texas Materials Group, Inc., a Delaware corporation (the "Corporation'), do hereby, pursuant to applicable Delaware statute, give this written consent to the taking of the following actions, such actions to have the same force and effect had a meeting been duly called and held: L ELECTION Or' OFFICERS RESOLVED, that effective June 27, 2022, all previous elections of officers are terminated, and the following persons be, and hereby are, elected to serve as officers of the ' Corporation (each individually, an "Officer" and collectively, the "Office&' in the capacities set forth opposite their respective names until such time as their successors shall be elected and qualified: Aaron Price Kristin Davis Kai A. Kincaid John Shogren Nicholas Schack Mike Brown Derek Angel David M. Toolan Robert Banks President Secretary/Treasurer Vice President/Assistant Secretary Vice President/Assistant Secretary Vice President/Assistant Secretary Vice President/AssistantSecretary Vice President/Assistant Secretary Admin. Vice President/Assistant Secretary Assistant Secretary FURTHER RESOLVED, that the Officers be, and each of them hereby is, .authorized to execute and •deliver agreements, contracts, documents, certificates, and other instruments, under the seal of the Corporation if required, for the purpose of conducting the Corporation's business, including without limitation, selling products and securing construction work, and to take such other action, as they may deem necessary, advisable, convenient, or appropriate to carry out and fully perform duties incident to the office -or offices so appointed, and such other duties as may be prescribed by the Board of Directors fi-om time to time; FURTHER RESOLVED, that the following persons are hereby designated Officers solely for the purpose of attesting signatures of other Officers signing on behalf of the Corporation, and for executing and attesting various corporate documents, tax returns, affidavits, and other instruments as may be necessary from time to time: Jessica Aldrich Assistant Secretary/Assistant Treasurer Michael F. Deaton Assistant Secretary Rodney McCann Assistant Secretary Gary P. Hickman Assistant Secretary William P. Jones Assistant Secretary David C. Lewis Assistant Secretary Vol. 3 -9 5 —Pg. Docuftn Envelope ID: 9D9930A7-211E-4A7C-SA4"BD2472F315F H. , APPOEgTMENT OF AUTHORIZED BMPLOYBRS RESOLVED, that effective June 27, 2022 all previous appointments of -authorized employees are terminated, and that the following persons he and each of them hereby is appointed to serve as an authorized employee •of the Corporation, which persons shall be authorized to execute and deliver such agreements, contracts, documents, certificates and other instrumetiis, under the seal of the Corporation if required, for the purpose of conducting the Corporation's business including, without limitation, selling products and securing construction work: Robert Brown Kaylon Page Wayne Sweet Barry Egbeft Jame§.A.• Connor Ron Stinson Dean Donnellan Stephen Koonce Lance Phillips Artie Tucker DavIdReese Ben Liggett Scott Blanchard Brian Miller . Angela Kvarme TJ Brown Lisa Roberts Derek Schluterman Tom Hersirberger Sam Davis Kelly Andrews Kevin Guy Phillip Icing Kirk Morris Ben Wibbenmeyer Kyle Lewis Keith Pierson Jacob Trim Chris Michael Dean W. Buchanan Colin Tinsley Jason (Thad) Traverse Johnathan Murphy Troy Rakes Jake Kilgore FVATHER RESOLVED, that the President of the `Corporation may, from time to time, without further action by the Board of Directors, appoint other persons to serve as authorized employees, or remove any individuals from this capacity, and to direct those appointed to take such action, as he may deem necessary, advisable, convenient or appropriate to carry out and fully perform the duties incident to the office of President. M. AUTHORIZATION OF TRADE NAMES RESOLVIg1 D, that the activities and operations of the Corporation may be carried on iir any of the following manners or styles as may from time -to -time be deemed necessary or appropriate: Gulf Coast, A CRH company Texas Bit, A CRH company Texas Concrete, A CRH company Texas Materials, A CRH company FURTHER RESOLVED, that the President of the Corporation niay, from time to time, without fltrther action by the Board of Directors, authorize the use of additional trade names, and to deem unauthorized any trade name previously authorized, as he may deem necessary, advisable, convenient or appropriate. - ------Z-3-11 s, Vol. � � 5 Pg. DoouSlgn Envelope ID: SD9930AI-211E4A7C-8A45.8BD2472F315F N. MISCELLANEOUS RESOLVED; that all actions previously taken by any Officer of the Corporation appointed hereunder in his/her capacity as such Officer be, and each of them hereby is, adopted, ratified, confirmed and approved in all respects as the authorized acts and deeds of the Corporation; FURTHER RESOLVED, that each undersigned agrees that electronic signatures, whether digital or encrypted, of the Board of Directors are intended to authenticate this consent and to have the same force and effect as manual signatures. As used in the previous sentence, the term "electronic signatures" means any electronic sound, symbol or process attached to of logically, associated with this consent and executed and adopted by a member of the Board of Directors with the intent to sign such consent, including, but not limited to, e-mail electronic signatures executed through DocuSign Services; and FURTHER RESOLVED, that this Consent, following execution by all of the members of the Board of Directors, be filed in appropriate order in the minute book of the Corporation. �Docaftnodbr. 66 �c of its apanonaaantneFe John J. Keating DacuSlgncd by: Qalraw via. rar�eaeea�a�asD_ Aaron Price Vol. Pg. Document A310T"A - 2010 Conforms with The American Institute of Architects AIA Document 310 Bond Number. 69453-LIB-23-108 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Texas Materials Group, Inc. dba Gulf Coast, Liberty Mutual Insurance Company a CRH Company 175 Berkeley Street 23990 State Hwy 6 S. Boston, MA 02116 This document has important legal Navasota, TX 77868 State of Inc: MA consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or Brazos County Purchasing Department modification. 200 South Texas Avenue, Suite 352 - Any singular reference to Bryan, TX 77803 Contractor, Surety, Owner or other party shall be considered BOND AMOUNT: Fire Percent of Amount Bid (50A) plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Old Reliance Road Phase 1 Reconstruction - RFP No CIP 23-580 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as. may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond - Signed and sealed this 14th day of March 1 2023 Laura Sudduth, VTdness Tennis Mattson, VOL 3 95 pg. Z 3 Liberty Mutual® SURETY Figure: 28 TAC § 1.601(a)(2)(B) Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. Liberty Mutual Insurance Company To get information or file a complaint with your insurance company or HMO: Call: Liberty Mutual Surety Claims at 206-473-6210 Online: www.LibertyMutualSuretyCWms.com Email: HOSCL@libertymutual.com Mail: P.O. Box 34526 Seattle, WA 98124 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov Mail: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091 jiene unaqueja, o necesita ayuda? Si tiene, un problema con una reclamacion o con su prima de seguro, llame primero a su compania de seguros o HMO. Si no puede resolver el problema, as posible qua el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre an ingles) pueda ayudar. Aun si usted presents una queja ante el Deparamento de Seguros de Texas,. tambien debe presentar una queja a 4aves del proceso de quejas o de apelaciones de su companla de seguros o HMO. Si no to hate, podria perder su derecho para apelar. Liberty Mutual Insurance Company Para obtener informacion o para presentar una queja ante su compan"ia de seguros o HMO: vol. 3 9 5 Pg. 235 uarl-,9M Llame a: Liberty Mutual Surety Claims al 206-473-6210 En Knew www.LibertyMutualSuretyClaims.com Correo electronico: HOSCL@Iibertymutual.com Direccion postal: P.O. Box 34526 Seattle, WA 98124 El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al:1-800-252-3439 Presente una queja en: www.tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Direcci6n postal: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091 Vol. Pg. � LMS15292e 920 sR�`MA r� This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8209189-022029 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies', pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Amanda Turman-Avina; Barbara Norton; Jennie Goonie; Jessica Ricbmond; Joyce Johnson; Laura E Sudduth; Mario Armmendi; Mary Ann Garcia; Misty Witt; Philip N. Bair; Stephanie Gross; TannisMattson; TeutaLuri all of the city of Houston state of TX each Individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and othersurety obligations, in pursuance Of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of December , 2022 . N N w c 03 v State of PENNSYLVANiA R,I County of MONTGOMERY W o v~ Oca N mm —a _-o Ca O L Oj O O.2) C ca >T N rn(D Co._ 1_ L y.. 0 Liberty Mutual Insurance Company %Hsu �Zv iNS& INSrIR The Ohio Casualty Insurance Company tiJ o°¢PO�r o g`�Pc°�O�F�2 .6Pco�0 �yp WestAmerican Insurance Company J3 otr ne: o m a; r ebR+ 1912A0 c 1919 1991 dJ1 SACHU54 da O �y4MP5a � i �NDIANP a /�� � ) * �� �yl *had s�� *had By: David M. Carey, Assistant Secretary this 28th day of December 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual npany, The Ohio Casualty Company, and West Ameccan Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the ein contained by signing on behalf of the corporations by himself as a duly authorized officer. WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year fist above written. 5P PAST Q�li Niy ConammimaflhofPenasytvarfa- Notary seat sty ooe s 9 Teresa Pastea.omer Notary Public OF Montgomery County My commission eq:ires March 2a, 2025 By: r Commission number1126044 Member, Perns*anhaAssoda@on of No<r es Teresa Patella. Notary Pubic °TAw > � is Power of Attorney is made and executed pursuant to and by authority of the following By -taws and Authorizations of The Ohio Casualty Insurance Company, Durance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Liberty Mutual ARTICLE IV- OFFICERS: Section 12. PowerofAttomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subjectto such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may he revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIi)-Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such Tm blions as the chairman or the president may prescribe, shall appoint such attomeys4ri fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and aft undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. When so executed such instruments shall be as binding as lf signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authar¢es David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surely bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty insurance Company, Liberty Mutual Insurance Compahy, and West Amedcan•Insurance Company do hereby certify that the original power of attorney of which the foregoing is a fidl, true and correct copy of the Power of Attorney execratedby said Companies, is in full force and effect and has not been revoked. ~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 14th day of March- 2023 Pv iNSIJ �ZY IIIrsG a INSU� j ac°� oy�t° Q Zc°TotpO OR 1912 c 1919 1991 : m o a GrG'�' •; Yda►��A�aa s�� HAmr�aa �ahANP da By:cxrhS eefi-HeweNyn-AssislhtSeerata^� LMS-128MMC0=W=MtiliiCo02 I va. 395 P9. 2 3 7 U EXHIBIT B - BID FORM (Addendum #2.3rd Version) Old Reliance Road Reconstruction Phase 1 From City of Bryan Limits to Messina Hof Winery & Portion of Wallis Road Pavement, Earthwork and Storm Item # Item Quantity Units Unit Cost Total 100 Mobilization, Bonds, and Insurance I LS $ .Oap.00 17S. 0aV. by 1D1 Traffic Control 1 LS S &>C)o $ "A.5,0015.1)0 102 Erosion Control (SWPPP) I LS $ S QOp.dU $q-T. I obb, Cto 103 Hydroseed all Disturbed Areas (Erosion Control) 58,900 SY $ $ 104 Temporary Mailboxes 38 EA $ $ 30 7 Cov, 105 Existing Mailbox Relocation/Replacement 38 EA $ $ 106 Signage, Complete in Place 19 EA $ sp t>t:> $ D, 0 0 107 Stop Bars, Complete in Place 3 EA $ s p (> $ 108 Center Line & Shoulder Striping and Raised Markers, Complete in Place 26,770 LF $ $ 109 ITemporary Fencing I 000.0c, 1$ S'o Co. vo Sub Total - General Items $ Demblit! Item # Item Quantity Units Unit Cost Total 200 Remove Existing 18" or Smaller Driveway Culverts Includes Headwalls, S.E.T.s, Retaining Walls, Rock and Flumes 977 LF $ $ 201 Remove Existing 24" or bigger Driveway Culverts and S. E.T.'s 466 LF S 2P - _0 0 $ c>, ov 202 Remove Existing Crossing Culverts 48" or smaller 256 LF $ az.00 $ ;aLt PD 203 Remove Existing Crossing Culverts bigger than 48" 110 LF $ 1,00 $ 91710. ob 204 Demolition of HMAC Pavement and Base Material (Pulverize& Mix) 25,100 SY $ 2.0c> $ So oaav - 1) 205 Demolition of Existing Driveways and Base Material (Pulverize & Mix) Does not include Concrete Driveways 2,800 SY $ q $ O 206 Demolition of Existing Concrete Driveways & Off -Site Disposal 520 SY Sa. pp I$ t-_ Aq C>.00- 207 Demolition of Brick Planters & other Landscape elements in ROW To be hauled off and disposed of Off -Site I LS S IS 60, Ob $ ;js 00 . C)v 208 Remove and Stockpile Existing Rock Rip Rap for Re -use 50 SY $ A.00 $ 209 Remove Existing Fence in ROW & Off -Site Disposal 400 LF $ 9.0b $ 210 Clearing and Grubbing of ROW Includes the removal of any trees in ,the ROW and trimming of ,limbs. Tree removal to include stump and root system I LS $ Z?0,400 'OD $ Jbe,> 600, 0 C> 211 Remove Existing Signage 18 EA $ jqh.00 $ 0 D Sub Total - Demolition $ Item # item Quantity Units Unit Cost Total 300 18" RCP Type III (Structural Backfill), Complete in Place 1,148 LF Z> C> $ 126 sqv, ov 301 24" RCP Type III (Structural Backfill), Complete in Place 488 LF 6.0. $ 1.,bob , Do 302 36" RCP Type III (Structural Backfill), Complete in Place 86 LF S _130 Op $ 197 go -&P 303 48" RCP Type III (Structural Backfill), Complete in Place III LF $ $ 317-1740. vit'> 304 54" RCP Type III (Structural Backfill), Complete in Place 46 LF $ 0 V $ ev 305 60" RCP Type III (Structural Backfill), Complete in Place 95 LF $ *7 64>. 0 $ 906.&D 306 18" 6:1 SETs (PSET-SP), Complete in Place 54 EA $ �60. oc> $ q 61D - be> 307 24" 6:1 SETs (PSET-SP), Complete in Place 22 EA $ 1pb, pa I, $ 31, 4w,, i>tl) 308 36" 6:1 SETs (PSET-SP), Complete in Place 2 EA $ . .5.3 ob $ W&oo, o I> 309 90° Concrete Headwall with flared wings for 1 - 36" RCP Culvert, Complete in Place 2 EA $ 1-7,Dmor> $ I vv 310 90° Concrete Headwall with flared wings for 2 -48" RCP Culvert, Complete In Place 2 EA ;[ oto C'D $ L4. bov , 00 311 90° Concrete Headwall with flared wings for 1 - 54" RCP Culvert, Complete in Place 2 EA $ 33.900 .0v $ - # 46jvi>*.0p 312 90° Concrete Headwall with flared wings for 1 - 60" RCP Culvert, Complete in Place 4 EA S M. bco. *D $ I DO oc> 6 -D 313 Culvert Markers 20 EA $ 4*7 , ov 1 *, 314 4" Concrete Slope Paving, Complete in Place 50 SY $ I_S_!-0V $ q ]S6. E238. 3 9 5 Pg. Vol. EXHIBIT B - BID FORM (Addendum #2-3rd Version) Old Reliance Road Reconstruction Phase 1 From City of Bryan Limits to Messina Hof Winery & Portion of Wallis Road Pavement, Earthwork and Storm ,o 315 2.0'x6" Concrete Pilot Flumes, Complete in Place 50 SY $ $ 316 Type R Rock Rip Rap, 200-2501b, Hand Placed (24" Embedment) 250 CY $ �SS -- $ � 750. for CrossingCulverts, Com lete in Place le 317 Cement Stabilized Sand, Complete in Place 1,400 CY $ $ ( .? QpQ Sub Total - Storm and Drainage $SZ7 _S'gjj em # Item Quantity Units Unit Cost Total 400 Earthwork - Cut to Fill, Design Grades (In Place) 4,250 CY $ $, 401 Earthwork - Cut to Haul to Design Grades (In Place) 150 CY $ $ 41 0.57O. 402 Earthwork - General Fill to Design Grades (In Place) 10,250 CY $ g ,� $S — 403 Earthwork - Remove and Replace Unsuitable Soils and Material with Select Fill. Limits of Remove and Replace to be Approved by Engineer Prior to Initiating Work. 300 CY $ C 3 �-• I/ S COO. 404 Select Fill (Material Only) 300 CY $ (. $ 1100 405 Earthwork - Remove and Replace soils and materials with cement stabilized sand (In Place).Limits of Remove and Replace to be approved by Engineer prior to initiating work 300 CY $ O� IO, �'�' S r� `sue' 406 Cement Stabilized Sand (Material Only) 300 CY $ $ 407 4" Cement Stabilization of Subgrade wl Compaction (Does Not Include Cost of Cement) 31,700 SY S eC • $ q I ��• 408 Cement for Stabilization of Subgrade w/ Compaction (Assume 6% b weight 343 TON $ ,.� 23 $ �! 713 409 4" Lime Stabilization of Subgrade w/ Compaction (Does Not include Cost of Lime) 100 SY $ �� ? $ sod• Q° 410 Lime for Stabilization of Subgrade wl Compaction (Assume 6%" by weight) 2 TON $ r 7 �. $ p [ a 411 8" - Type B HMAC Black Base, Complete In Place 29,675 SY $ Y 7 ^- •-- $ N 075; 412 4" - Type C HMAC, Complete in Place 28,945 SY $ qs-. 413 4" - Crushed Limestone Base for Driveways, Complete in Place 2,725 SY $ S 43 (off 414 2" - Tvpe C HMAC Driveway, Complete in Place 2,725 f SY $ --- S ' S-001 Sub Total - Pavement and Earth Work $ ,2 7:; 7 Construction Cost Brazos County Contingency $ 150,000.oc Old Reliance Road Ph.1 Total Construction Cost $ ' Zi-36 7f Calendar Days for Substantial Completion / Qp 5 Vol. 9 5 v g Old Reliance Road Phase 1 Reconstruction Classic Schedule Layout 21-Mar-23 10:32 AQMtyID" AdivilyName `. „-�, ",-Onghal Remainhg SI0a . ;, fins ,• y2023' .,June.2023 Juty.2023., - Auqust2023, or2023;; .. ,Oaober2O23 vemDurzuz -15..:22, `29. ;05 `d2°:'^79 26',,03, .10, 17 '24-. 3107: •.�14•. 21',.28 ,; 04'-; it. ,18=�25 ..,02 •, 0916.;i ,23, ,30.;: OB�:i 13 T 119 15-Sep•23. orainage Al 000 j Cmsa Structure. Pipe T A1010 y}—HeadwaflsMrmgvra1lslSEi's r 15ds 15d I5-May-23 i02Jun-23. 755ep-Sep Cross Structure Pipe HeadwailsMMgw4MISETs At 020 Driveway Pipa 2bd� 25tl�t4-fwg-23 ----_•_...---_;... --a. .'—..---.. •................................................................................. .. Drireway Pips ; ... 9.d. 1 - n•23 104:b ?3 .....................-_._...__.. _.._..._.__-____...___:... ............ A1030 Dirtwork 40d 40d105Jun•23� t28Ju423 Oidwotic A1040 ! Pulvedxe'Roadway y�Y4, 7cif 7d 31Ju1-23 ;MAug-23� Pulverize Roadway ® Cement Teat Roadway A1050 Cement Treat Roadway - 7d � 7d 09-Aug-23� 17-Aug 23 A1060 f Type 8Black Base 8" �aCHNAC_2• ..__._._..._.._._._.-_-__-..__ ............... 20d ( 20d _-.__ t t8-Aug-23 -.-.{� 14-Sep•23. ------------ ! : _..._.---_.-._._._-.__-.__-`,_'•_._'------- _ -_•-'.._ .._"___.•-_•__._.. _ ____ }.. Type B l3ladc Base 8" -- -: ._ _-_'_'...' '-_.______ . �_. A7070 r'i t tOd 15Sep-23 t28-Sep - ype C piAAC-2" —___-...-.....__ A1080 ipdveways A1090 10tl _tOd tOd _ tOd 29-Sep-23 13-Oct•23 �..�_. 12.2q-23 26-0q-23 � Diveways 8apkftiBTopsoil _- . A1100 tOtl�Y tOd�27-Od-23� 09-Nov-23 Sign A1110 Seeding ° 5d 5tl 10-Wv-23 ( 16-1,lov-23 j QA-w W C.® r C32 to Actual Work Critical Remaining Work 7�1 Summary Page i of 1 TASK 01ter: All Activities ® Remaining Work ♦ ♦ Milestone 0 Oracle Corporation CIP 23-582 Stockpile -Dirt Removal - Copperhead. -Road ea con Gene o tractors Cer antex Construction LL TDT Inc. Estimated Qty (Cubic Yards) Total Cost 1 PILE A 6139 NO BID FOR PILE A $ 103,500.00 2 PILE B 6773 [i 7.O,Op:O<00 NO BID FOR PILE B $ 114,300.00 3 PILE C 10670 $ 110,000.00' $ 96,700.00 $ 180,000.00 CATEPILLER 320 OR EQUAL FOR LOADING OF MATERIALS; CAT D4 OR EQUAL FOR 4 Please list all the anticipated equipment that will be LEVELING AT THE END OF THE JOB; 5 10 used to load and transport the fill dirt below: YARD BOBTAIL DUMP TRUCKS FOR HAULING. MISC. EQUIP AS NEEDED TO EXCAVATOR See Attached COMPLETE THE WORK BULLDOZER FOR 10 YEARS, CERVANTEZ CONSTRUCTION HAS SERVED LAND DEVELOPERS IN THE BRAZOS VALLEY AS A Please list all experience your entity has with moving HEAVY CIVIL CONTRACTOR. WE HAVE 5 large amounts of dirt: CREWS EXPERIENCED IN MOVING THOUSANDS OF YARDS OF DIRT. DURING ROAD CONSTRUCTION, WE REGULARLY Kyle Field Renovation COORDINATE 1,000 OR MORE PER DAY City of Bryan Spoils Removal See Attached MOVEMENTS OF BASE MATERIAL Subaru Dealership ecommend award to: Pile A: Texcon General Contractors Pile B: Texcon General Contractors Pile C: Cervantez Construction, LLC p roved b C missio Curt on this 4 day of R �-� `- , 202,3�b.Y holding the position of U u 4�`i �l L r5'o(� c� I REQUEST FOR BID BID NO. CIP 23-582 Stockpile Dirt Removal — Copperhead, Road SEALED BIDS TO BE SUBMITTED BEFORE: Tuesday, April 4, 2023, 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 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. Any such contact will be grounds for rejection of the Respondent's bid. In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following bid for furnishing the material and/or services listed on the attached Bid Form and agrees to deliver said items at the locations and for the prices set forth on the Bid Form, Company Name: Texcon General Contractors By (Print): Carey D. Smith Title: President Physical Address: 1061 Innovation Drive Bryan, TX 77808 Mailing Address: P.O. Box 138 Kurten, TX 77862 Telephone: 979-690-7711 pax: 979-690-9797, E-Mail: careysmith@texcon.net Vol. 3 9 5- Pg. 2 4 2 Bid No. 23-582 Page 2 of 13 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 p.m., Tuesday, April 4, 2023, at which time bids will be,publicly opened and read aloud. There will be a Pre -Bid Conference on site at the Brazos County Road & Bridge, Copperhead Road Location, 12722 Copperhead Road, Bryan, TX 77808 Wednesdav, March 22, 2023, at 10:00 a.m. CST. After the meeting Contractors are encouraged to inspect the material and take samples. This will be the only opportunity for inspection and collection of samples. A. SCOPE OF BID Bids are solicited for removal of excess fill dirt located at Brazos County's Road and Bridge lot, Copperhead Road located at 12722 Copperhead Road, Bryan, TX 77808. There are three (3) dirt piles marked, A, B, and C that needs removal. Respondents can bid on as many of the piles that they are interested in. The stockpile dirt shall be removed from Brazos County's property by the awarded Contractor within sixty (60) calendar days after award. Brazos County will give the Contractor written notice on when they can start picking up the material. After material is picked up and the work site is clean, Brazos County will inspect the site before payment is to be made the Contractor. +o B. CONDITIONS OF BIDDING 1. The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All Respondent(s) are required to be informed of these Terms and Conditions and will be held responsible for having done so: 2. Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. RESPONDENT — Any supplier or vendor responding to the bid request. 3. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the Contractor for the period designated. Vol. 395 pg 'Z 4 3 Bid No. 23-582 Page 3 of 12 4. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the Respondent(s) must have the bid actually delivered to and received by the Purchasing Department. S. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered. Contractors with questions regarding the bid should submit them in writing via the Brazos Valley Online Bidding System at https:Hbrazo8bid. ionwave.net. 7. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 8. Respondent(s) must include Tax Identification Number for the bid to be valid. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable and may not be reassigned by either party. 10. The County may cancel this contract at any time for any reason, provided a thirty -day written notice is given. 11. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Extended price c. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery or Pick Up f. References g. Brazos County's experience with products bided h. Vendor's past performance record with Brazos County i. Adequate equipment and other resources necessary to complete the project 12. Although the cost for products is an essential part of the bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to the Respondent considered to be the best value to Brazos County. 13. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement, when applicable. E. Pg. ``—. Bid No. 23-582 Page 4 of 12 15. Bid must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to complete the project under normal conditions. Failure to specify completion time will be considered reason enough to cause the bid to be disregarded. Completion time bided will be given consideration in awarding orders. If completion is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled, and the Respondent barred from bidding in future solicitations. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 18..Bids must be submitted on this form and returned in a sealed envelope clearly marked with Respondent Name and Bid Number to ensure proper recognition upon 'its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids not received prior to the expressed date and time listed in this bid will be rejected or returned unopened to the respondent. Bids submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted. 19. It is the Respondent's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB. 1295, Government Code 2252.908. Respondent(s) agrees to provide Brazos County the "Certificate of Interested Parties, "Form 1295 as required, pending award, renewal, amended or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf info form1295.htm for more information. 20. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be, made available using the same distribution method used to post or make available the original solicitation. Respondents shall acknowledge receipt of all addenda. In the event of a needed change in the specifications sent to the respondent, it is understood that all the foregoing terms shall apply to the addendum or addenda. Vol, 3 9 5 pg. 2 4 5 Bid No. 23-582 Page 5 of 12 21. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos Valley Online Bidding System (https://brazosbid.ionwave.net) after the bid is award by Commissioner's Court.. 22. The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. 23. Three (3) references are to be provided by the Respondent. Failure to submit references may result in disqualification of bid. Brazos County department references will not be accepted. 24. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 25. Any subcontracting must be submitted in writing and approved prior to commencement of the contract by Brazos County. 26. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 27. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages or quantity of the items listed in the bid. If notation of substitution in not made, it is assumed the vendor is biding the item specified. 28. The County does not guarantee to .sell any minimum or maximum quantities: If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 29. The Contractor should submit all checks with clearly marked remittance copies of the contract to the following address; Brazos County ATTN: Auditors P.O. Box 914 Bryan, TX 77806 30. As a governmental subdivision,. Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in quote prices. Tax Exemption Certificates can be obtained upon request from County. 31. This bid shall be governed by the laws of the State of Texas and Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring t do bus ness with the County to poi. P9• A-4-6-. Bid No. 23-582 Page 6 of 12 disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 32. The Respondent(s) understands that Brazos County is a government subject to Texas State and Federal public information statutes. C. INSURANCE REQUIREi1IENTS 1. The Contractor shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Contractor shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and $1,000,000 Employer's Liability Insurance with waiver of subrogation. b. General Liability with limits for bodily injury and for property damages of not less than $2,000,000 aggregate, $1,000,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. c. Commercial Automotive Liability with $1,000,000 CSL for Bodily Injury and Property Damage Liability with Brazos. County named as an additional insured and waiver of subrogation. d. Cargo Insurance to sufficiently cover materials transported. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Contractor receives notification of award. 4. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the contractor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the contractor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. D. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless; and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for Vol. 3 9 5 Pg. 2 41 Bid No. 23-582 Page 7 of 12 damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. c. The Contractor shall indemnify and hold harmless andkdefend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. f The Contractor shall also be responsible for subcontractors hired. g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility hies. E. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party J or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss sufferedby the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. F. BONDING REQUIREMENTS The successful bidder must provide to the Purchasing Department, a perfonnance 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 doing 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 E 3 9 5 Pg. 248 Bid No. 23-582 Page 8 of 12 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. G. SPECIFICATIONS 1. Contractor(s) will be required to notify the Brazos County Road & Bridge Office in the event of unforeseen delay in the completion of removal of the specified fill dirt in the specified time. In the event a Contractor does not complete the removal within the designated time, Brazos County shall have the right to consider the contract or in default and no payment will be made to the contractor. No partial payments will be made for incomplete work. 2. Any Contractor(s) vehicles traveling on County roads will not exceed its legal gross weight. 3. The Contractor must pickup all fill dirt that they are awarded by the anticipated date with no exceptions. 4. Respondent(s) must submit and post all questions regarding this solicitation on the Brazos Valley Online Bidding System, located at hgps://brazosbid.ionwave.net. There will be an on -site pre -bid meeting where the County encourages respondents to assess the dirt, the location of the dirt, and take samples if needed. 6. All fill dirt must be picked up within sixty (60) calendar days of Brazos County's issuance of a Notice to Proceed. 7. The Contractor must currently have and maintain throughout the term of the contract, current permits, if needed, in order to haul the fill dirt, from the necessary federal, state, and local agencies. 8. The fill dirt is made up of miscellaneous soil types and all of the pile contents must be removed. All fill dirt is sold as is, where is, with no warranty, express, or implied. Brazos County does not provide any guarantee as to the quality or intent for any purpose or suitability. 9. Respondent(s) must propose a dollar amount to remove each pile. The contents of each pile must not be relocated to any flood plain area unless properly approved by the governing jurisdiction. 10. Respondent(s) will be solely responsible for loading all fill dirt with their own equipment. 11. Respondent(s) must have equipment and personnel capable of removing material in the time allotted. Respondents shall provide a list of all anticipated equipment they are to use to load and haul off -all material. Vol. 3 9 5 Pg21_4 9--- Bid No. 23-582 Page 9 of 12 12. Respondent(s) must list their experience that they have had in the past with moving large amounts of dirt, and the timeline it was accomplished in. 13. Sales Tax will be added at 8.25% of the total cost of the awarded amount. If the respondent is excluded from taxes, they will have to provide a Tax Exemption Form to the Brazos County before payment is received. 14. The Contractor must maintain a clean work site at all times. 15. The Contractor must confine their equipment to the stockpile and is not to be anywhere else on location but at the stockpile. 16. The Contractor must be aware of their surroundings while on site. There will be Brazos County Road & Bridge vehicles, workers, and equipment. There are also powerlines on site that the Contractor needs to stay cautious of. 17. The awarded contractor accepts all responsibility for the final placement of materials removed from Brazos County property and will indemnify, defend, and hold harmless Brazos County for any and all liability arising out of, or related in any way to, the removal of the materials. 18. The Contractor's finished grade after the removal and export of material must match surrounding ground elevations. Finished grade surfaces must be smooth with no ruts and no ponding of water. 19. The Contractor is liable for any and all damage to County property while picking up the material. 20.. Prior to award, the respondents must also complete the Verification of No Delinquent Taxes or Fees form (V.T.C.A. LOCAL GOVERNMENT CODE §262.0276), Legislative Certifications Form, and the Disclosure of Interested Parties (1295). These are all available on the Brazos County Purchasing Website. H. AWARD 1. The contract award shall be based on, but not necessarily limited to, the following factors: a. Price per Pile for Stockpile Dirt b. Special needs and requirements of Brazos County c. Pick up availability & frequency d. Respondent's past performance recode with Brazos County e. .Ease of respondent pick up of the stockpile dirt £ Respondent(s) access to needed loading/hauling equipment g. Respondent(s) references and experience with moving large amounts of dirt 2. Although the price per pile of stockpile dirt is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of price but will award to the Respondent considered to be the best value to Brazos County. vol. — - Pg2 5 0 Bid No. 23-582 Page 10 of 12 3. Brazos County reserves the right to award a contract for this service to multiple vendors if it is in the County's best interest. 4. Respondent(s) must sign and agree to all terms and conditions of this contract or Brazos County will not acknowledge the bid. I. RESPONDENT PROPOSAL ITEM # ESTIMATED QTY Cubic Yards TOTAL COST 1 PILE A 6,139 $60;000.00 2 PILE B 6,773 $70,000.00 3 PILE C 10,670 $110,000.00 Please list all the anticipated equipment that will be used to load and transport the 511 dirt below: 4 See Attached Please list all experience your entity has with moving large amounts of dirt: See Attached 5 Vol. 395 pg. 2 5 Bid No. 23-582 Page 11 of 12 I REFERENCES Respondent(s) shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past live (5) years. This list should include the names, phone number and emai-1 of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Respondent(s) are not allowed to use Brazos County as a reference. Company/Entity: Oldham Goodwin Contact: Chris Rhodes Phone: 979-268-2000 Email: chris.rhodes@oldhamgoodwin.com Company/Entity: Cooks Crossing, LLC Contact: Bill Lero Phone: 979-777-1677 Email: blero@verizon.net Company/Entity: Adam Development Properties, LP Contact: Andrew Ball Phone: 979-776-1111 Email: ball@adamdevelopment.com _` 6 Vol.. 9 5 P9. z 5 Bid No. 23-582 Page 12 of 12 K. CERTIFICATION OF BID The undersigned affirms that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid Signed By: Typed Name: Carey D. Smith Title: President - Company Name: Texcon General Contractors Phone: 979-690-7711 Mailing Address: P:O. Box 138 Kurten, TX 77862 Email Address: careysmith@texcon.net Vendor Tax Identification Number: 32-029088 END OF BID REQUEST NO. CIP 23-582 By signing below, Brazos County agrees that this bid, CIP 23-582, will be awarded as dictated on the associated bid to to the vendor whose name appears above and both parties agregto.-tl tuns and c nditions contain herein. By: � Brazos County Commissioner's Court: O1.'tAtiQ a- Re-retr ( s 1 CO U.N —,-q Tfxo(0� Date: Attest: Brazos County Clerk: Ae—lar3 rlqG Q It E Etj { L. BID CHECKLIST ° The following items should be comple ed and include these items wiU disqualify your bid. ❑ 'Respondent Proposal (Section G) ❑ References (Section H) ❑ AlI Addendums (if applicable) ❑ Certification of Bid (Section K) in yd submission. Failure to Vol. 3 9 5 Pg- CIVIL CONSTRUCTORS, INC. DBA TEXCON GENERAL, CONTRACTORS Mailing Address PO Box 138 Kurten TX 77862 Physical Address 1061 Innovation Dr Bryan TX 77862 Phone 979-690-7711 Fax 979-690-9797 Federal Tax ID Number 32-0299388 E 1. Pg. 251 Company Introduction, Organization and Integrity Texcon job Specific Project I.nformation/Specification Variations Proposed Duration: 60 Calendar Days Texcon has completed numerous projects that require moving large quantities of dirt. Some of the more recent project are listed below: (Contract durations include other scopes of work) 1)Oakmont Phase 3, Contract Duration: 115 Calendar Days, On -site Cut/Fill Approximately: 35,606 CY 2)Silver Springs Mitigation :Basin, Contract Duration: 45 Calendar Days, On -site Cut/Fill Approximately: 87,579 CY 3)Academy Sports and Outdoors(College Station, TX), Approximate Contract Duration: 210 Calendar Days, On -site Cut/Fill Approximately: 62,086 CY and Site Import Approximately:31,196 CY 4)MRC Langford(College Station), Approximate Contract Duration: 390 Calendar Days, On -site Cut/ Fill Approximately: 37,958 CY and Site Import Approximately: 9,120 CY Texcon Variations to the specifications in bid documents(per item 1#26 page 5): The word "by' was changed to "to" on page 2 section A(last sentence). Texcon's price per pile based on dollar value to be paid to Texcon to haul away pile. Vol._ Pg. 255 CIVIL CONSTRUCTORS, INC. DBA TEXCON GENERAL CONTRACTORS Texcon General Contractors is a multifaceted construction company with years of experience in the infrastructure, industrial, pipeline, highway and materials industries. Texcon was established in 1981 and was incorporated in the State of Texas in 1986. Texcon's history displays excellence in the workmanship and integrity in the management of its construction activities. Texcon uses this experience for the betterment of its community and state. Texcon General Contractors is proficient in site work, underground utilities, concrete work, earthwork, excavation, demolition, stabilization, compaction, site drainage and paving. Texcon has administered contracts for state and local governments, private industries and mining projects. Additionally, Texcon supplies material such as topsoil, select fill, bank sand, gravel, aggregates, manufactured cement sand, manufactured cement base and limestone base to many local companies and individuals. From 1998 to 2006, Texcon provided civil engineering services to its clients, primarily for design -build projects. In April 2006, the engineering division became a separate entity, Civil Development, Ltd. In 2010, Civil Development was sold. Texcon continues to work closely with other local engineering firins to provide design build services for their clients. All design work is prepared under the direction of licensed professional engineers. Texcon has its own fleet of construction equipment that it utilizes on its projects. Their fleet consists of over 80 pieces of equipment, including dozers, motor graders, scrapers, backhoes, loaders, compactors and water trucks, which are all used in site work and utility construction. Other major equipment includes a concrete curb machine, shuttle buggy & hot mix asphalt laydown machine, oil tanker truck, 2 haul trucks, pug mill, a materials yard, and sand and select materials pits. Texcon transports construction materials such as sand, base material and hot mix asphalt for their projects using their fleet of 12 dump trucks and tractor -trailer units. Texcon takes pride in its work and performs projects using high standards. HOME OFFICE: Texcon General Contractors PO Box 138 Kurten, Texas 77862 Phone (979) 690-7711 Fax (979) 690-9797 Vol. 395 pg.,256 Company Introduction, Organization and Integrity TEXCON GENERAL CONTRACTORS KEY EMPLOYEE LIST Carey D. Smith, President Carey graduated from Texas A&M University in 1983 with a Bachelor degree in Business -.Management. He founded Texcon as a general contracting firm in 1981. He is experienced in the construction of residential, commercial, and industrial projects, as.well as public utilities, agricultural; and oil field;construction. Carey was the A.G.C. Bryan Area 6 MIU Vice Chairman from 1998 to 2001, and was the A.G.C. Bryan Area 6 Chairman between 2002 to 2004 and 2015 to present. He is also a certified safety instructor, Carey is the Vice President of Texcon Pipeline Construction Co., Inc. O.E. Smith, Vice President O.E. has 44 years of experience in utilities supply and construction consulting. He is the retired Vice President of Municipal Pipe and Fabricating, in Houston, Texas. He spent those years as an administrator, instructor, and troubleshooter on piping systems in multi -million dollar utility projects throughout the state. He is currently the President of Texcon Pipeline Construction Co., Inc. and'Vice President of Texcon General Contractors. Christine Martin,, Controller Christine graduated from Texas A&MUniversity in December 2001, with a Bachelors degree in Business Administration in Accounting. She is responsible for financial statements, general ledgers, audit reports for various entities, developing internal controls, and accounting procedures for various industries. She also is responsible for all phases of accounting, including federal and state reports and tax returns. Beniamin Wall, Estimator Ben graduated from Texas A&M University Dwight Look College of Engineering in 2010 `with a Bachelor of Science degree and is a Texas Certified Engineer in Training. He is responsible for a project's quantity takeoffs, cost estimation and management. This includes material pricing, subcontractor pricing and coordination, invoicing and project scheduling. He is also responsible for building and updating the GPS grading models employed by the earthwork crews and general GPS maintenance and implementation. Spencer Buchanan,.Prolect Manager Spencer graduated from Texas A&M University its 2009 with a Bachelors degree in Business Administration in Finance. He brings to the table experience as a heavy highway project manager in Maryland on SHA/FAA administered contracts, as an international. project manager with a defense contractor for the State Department, and as a residential acquisition and development manager in Houston. While in Maryland he earned an MBA in Management from Loyola University and Project Management Professional (PMP) credentials. Spencer is currently responsible for the project management aspect of all new projects here at Texcon. Randy Siford, Field Operations Manager Randy has over 20 years of experience as a heavy equipment operator, business owner and supervisor in highway, site, oilfield construction as well as survey, and layout. He is responsible for all phases of construction. John F. Wiley, Fleet.Safety Manager John was appointed to the U.S. Naval Academy and also attended the University of Maryland and The Victoria College. A U. S: Marine Corps veteran, he holds a B.S.,in Systems Engineering, was added to the National Registry of Paramedics, and holds Instructor certifications in Advanced Cardiac, Pediatric and Trauma Life Support. Upon completing flight school, he earned his FAA Commercial Pilot certification with Instrument Rating. John has over 25 years in safety sensitive positions in both the public and private sectors, focusing on Environment, Health, and Safety (EHS), medical sciences, transportation safety and maintenance. He has in-depth knowledge to implement safety regulations at the local, state & federal level. Company Introduction, Organisation and Integrity Vol. 395 .._ ..pg.: 257 TEXCON GENERAL CONTRACTORS Subcontractors, Suppliers, Banking Subcontractors Suppliers RFE Construction Texcrete Ready-MLx Concrete PO Box 4770 PO Box'3906 Bryan, TX 77805 Bryan, TX 77805 Ruben Escalante: 979-587-1151 Pat Bond: 979-402.331.8 Office Line: 979-778-9803 Office Line: 979-985-3636 Centex Hydroseed Lhoist North America of Texas PO Box 241 5274 Paysphere Cir Bedias, TX 77831 Chicago, IL 60674 Randall Richards: Becky Hagens: 830-221-1613 Office Line: 936-395-0374 Office Line: 800-365-6724 Reliable Pipe Cleaning CMC Construction Services 7800 PeggyLn PO Box 844573 Pearland, TX 77584 Dallas, TX 75284-4573 Robert Jenko: Kim Pavlich: Office Line: 281-781-5507 Office Line: 713-799-1150 S-Co Residential Services BPI Materials 2329 CR 348 PO Box 714 Jewett, TX 75846 Bryan, TX 77807 Randy Sigford: 979-219-4162 Martin Jackson: 979-822.7605 Office Line: 903-626-5454 Office Line: 979-823-7605 Precision Pavement Maintainance Core & Main, LP 2 West Bronze Lane PO Box 28330 Bryan, TX 77807 St. Louis, MO 63146 Shane Miears: Harold Campbell: 979-690-8448 Office Line: 979-822-1300 Office Line: 979-690-8448 Banking American Momentum Bank One Momentum Blvd College Station TX 77845 Frank Varisco-President 979-599-9348 Company Introduction, Organization and Integrity Vol. 3 9 5 pq. 2 5 TEXCON GENERAL CONTRACTORS -Authorized Agent to negotiate/expedite a bid quotation/contract: Carey Smith, President PO Box 138 Kurten, TX 77862 Phone: 979.690.7711 Facsimile: 919.690.9797 Email: care)Ls-mith@tekcon.net -Bonding Information: Capacity: $10,000,000.00 per project; $30,000,000.00 aggregate FCCI Insurance Group Jake Morphew 2435 North Central Expressway, Suite 1.000 Richardson, TX 75080 Office: 800.226.3224 Cell: 254.749.0597 Agent: Watkins Insurance Group Jim Siddons 3834 Spicewood Springs Austin, TX 78759 Office: 512.637.4123 Cell: 512.413.0914 -Historically Underutilized Business (HUB) or Disadvantaged Business Enterprise (DBE) Information: Not Applicable to Texcon Company Introduction, Organization and Integrity Vol. 395 Pg. 259 TEXCON GENERAL CONTRACTORS PM1 Superintendent Competence and Qualifications Texcon is proudly staffed with competent Project Managers and Superintendents. Leadership from more experienced individuals is passed on to the junior supervisors through internal pre -con meetings, on -site progress meetings, all the way through final punch list acceptance, which has been the most effective approach to maintaining a trained staff. From earthwork to utilities and paving, they are a complete turn -key solution for clients wanting one contractor that is staffed to perform their projects efficiently and effectively. Texcon's Project Managers and Superintendents all have multiple years' experience on public infrastructure projects, more specifically in the B/CS area. They pride themselves on the teams they've built which has repeatedly proven they can construct projects on -time and budget while maintaining integrity of the project through completion. Such staff has ensured all projects have been completed per specification and all projects have been completed/accepted without issue. In addition to experience, all field supervisors contain varying safety certifications through continuing education. Attached are resumes and safety certifications of their staff along with a project list showing in detail the experience of each individual. PWSuperintendent Competence and Qualifications Ec>,. — Pg. 260 ProposedSuperintendent and Project Manager Superintendent (field) & Project Manager (office) proposed for the project, years of experience in their position, and list of projects, which they managed. Projects that were managed by Superintendent: Superintendent's Name: Randy Sigford Projects. Project Name: Leonard Crossing Ph 1 and 2 Project Name: Rellis Academic Complex Ph 1 Project Name: Winding Creek Ph 1 and 2 Project Name: Boulder Creek Subdivision Project Name: Madisonville Airport MADVE 1817 Project Name: BTU Mobile Subst. Drive Improv. Projects that were managed by Project Manager: Number of Years Experience: 25 City/State: Bryan TX City/State: Bryan TX City/State: Bryan TX City/State: Bryan TX City/State: Madisonville TX City/State: Bryan/College Station TX Project Manger's Number of Years Name: Spencer J. Buchanan Experience: 8 Projects Project Name: Leonard Crossing Ph 1 and 2 City/State: Bryan TX Project Name: Rellis Academic Complex Ph I City/State: Bryan TX Project Name: Winding Creek Ph 1 and 2 City/State; Bryan TX Project Name: Boulder Creek Subdivision City/State: Bryan TX Project Name: Madisonville Airport MADVL 1817 City/State: Madisonville TX Project Name: BTU Mobile Subst. Drive Irn.prov. City/State: man/College Station TX See attached packet for additional projects completed by Texcon which includes projects completed by above listed personnel. Additonal information via resumes for listed superintendent and project manager attached hereto E pg. Z 6 1 Randy Sigford Field Operations Manager Texcon General Contractors PO Box 138 Kurten TX 77862 979.219.4162 Educational .Background: -Buffalo High School `88 Licenses or Certifications: - SEO, CCP, T&E, UTC & SW3P Documented specialized expertise demonstrating such specialized capabilities pertinent to public infrastructure construction: -25 years' experience in earthwork starting as an operator -21 years' experience as an earthwork supervisor -10 years' experience as field operations manager within B/CS spec standards Descriptions and examples of specific proiects by individual and their role in the work. This includes: proiect.name/location, proiect description, company name work performed under, year completed, owner representative's name, title, address and phone number: -See attached PM/Superintendent Competence and Qualifications Vol. 395 �--_.._pg2 6 62 Spencer Buchanan Project Manager Texcon General Contractors PO Box 138 Kurten TX 77862 979.204.4022 Educational Background: -Bryan High School `05 -Texas A&M University, BBA in Finance `09 -Loyola University Maryland, MBA in Management ` 12 Licenses or Certifications: -Project Management Professional (PMP) Certification Documented specialized expertise demonstrating such specialized capabilities pertinent to public infrastructure construction: -9 years' experience in heavy civil project management including SHA/FAA, State Department and local municipality issued contracts -3.5 years' experience in B/CS public infrastructure project management tinder, vear completed, owner representative's name, title, address and phone number: -See attached PM/Superintendent Competence and Qualifications Vol. 3 9 5 Pg263 - Dan Dyess Utility Superintendent Texcon General Contractors PO Box 138 Kurten TX 77862 979.218.5326 Educational Backsround: -Bryan High School `87 Licenses or Certifications: -SEO, CCP, T&E, UTC & SW3P Documented specialized expertise demonstrating such specialized capabilities pertinent to public infrastructure construction: -20 years' experience with B/CS Spec utility installation -12 years' experience as Utility Superintendent overseeing B/CS City Spec installation Descriptions and examples of specific proiects by individual and their role in the work. This includes: proiect name/location, proiect description, companv name work performed under, year completed, owner representative's name, title, address and phone number: -See attached PM/Superintendent Competence and Qualifications Vol. 395 �Pg. 2 6 Archie Hirsch Earthwork Superintendent Texcon General Contractors PO Box 138 Kurten TX 77862 979.402.7425 Educational Background: -Willis High School '90 Licenses or Certifications: -SEO, CCP, T&E, UTC & SW3P Documented specialized expertise demonstrating such specialized _capabilities pertinent to public infrastructure,construction: -23 years' experience in earthwork starting as an operator -18 years' experience as an earthwork superintendent Descriptions and examples of specific projects by.individual and their role in the work. This includes: proiect name/location, project description company name work performed under, year completed, owner representative's naine, title, address and phone number: -See attached PM/Superintendent. 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Leadership from more experienced individuals is passed on in the field to junior induvial through hands-on training, which has been the most effective approach for Texcon in maintaining a trained workforce. Their workforce is split up by crews which include earthwork, utilities, concrete, survey, materials, maintenance and also a miscellaneous crew. Superintendents have multiples crews that work under them, of which include foreman and depending on the crew, specialists and laborers. With this structure Texcon is able to service all aspects of projects with multiple crews. By having superintendent led, foreman managed crews, Texcon is able to manage effectiveness and efficiency on its projects. This structure also promotes opportunities for advancement amongst its personnel. Attached is a copy of their crew lists along with an accompanying job list. This job list exhibits recent projects which superintendents and their crews have completed. ---------- Personnel Proposed for Project Denoted by ; ; =of. 677 Personnel Texcon General Contractors Company Personal by Crew __ _ 1 Years W/ Texcon Safety Certs GeneralSpennte"ndent 13 SEO GCP,T&E UTC,',SWP3=; Hector. IAlvarez Foreman, Asphalt Operator 15 FEO, CCP, T&E, LTC, SWP3 Jacob Castaneda Fuel Truck Driver 2 Anastacio Salas Ashalt Labor 13 Baltasar Ponce Operator/Foreman <i FEO, CCP, T&E, UTC, SWP3 Chris Coleman Haut Truck Driver 3 Archie ' ' Hirsch, EarthworkSuperntendent SEO'CCPT&E,;UTC,;SWP3 ; , Hunter Grimes ' Laborer - Operator <1 Dann Johnwell 1r. O erator <1 , Clay Phillips Operator <1 ; Sergio Elizalde Laborer/Operator 1 ' Henry Hargrave Operator <1 ' Clay4GUIlien-Tello rsch Foreman, 1 FEO, CCP, T&E, UTC, SWP3 Timothychols Operator <1 Irineo Operator 6 Davidmby Operator 3 , L--------------------------------------------- Jr `;, Utility Supernfendent_ .15'` SEO,:;CCP, T&E, UTC, SWP3 '- Amado Sanchez-Reyna Pipelayer <i Eleazar Cruz-Zamurano Utility Foreman 15 FEO, CCP, T&E, UTC, SWP3 Clayton Dyess Laborer 3 Benito Garcia Sr. Laborer 4 James Grenwelge Operator 2 Roberto Martinez loperator 11 Reynaldo Martinez Pipe Layer 6 Fernando Ocampo Lopez Pipelayer 4 Antonio Ponce Pipelayer 7 Porfirio Vazquez Pipelayer 4 Jose- Albares Foreman 1 FEO, CCP, T&E, UTC, SWP3 Jonathan Crider Labor/Helper <1 Carlos Granados Laborer 1 Dustin Green Laborer <1 Benard Rainey Laborer 1 Jose Rico -Rodriguez Operator <1 Manuel Rojo -Marquez Laborer 1 Juan Silva Laborer 1 Pedro Ruiz lir. Laborer <1 Texcon reserves the right to substitute personnel and/or equipment if/when needed to maximize efficiency of this project in conjunction with all other concurrent projects. E. 3 9 5 pg,2 G 8 Texcon/ Civil Constructors Inc Monarger and Su ervisor Project Work History JOB # JOB NAME/DESCRIPTION Infrastructure Municipality Year Completed Owner's Rep & Title Phone Number PROJECT MANAGER Field Operations Manager Utility Superintendent Earthwork Superintendent Concrete Superintendent G874 Duck Haven PH 7 Brazos County 2015 Travis Martinek, Manager 979.846.4384 Ben Randy Sigford - Dan Dyess n/a n/a 6875 Traditions Ph 27 Grading City of Bryan 2015 Eddie Hare, Manager 979.820.0149 Spencer Randy Sigford n/a n/a n/a G977 Indian Lakes 19 Paving Brazos County 2015 Travis Martinek, Manager 979.846.4384 Ben Randy Sigford Dan Dyess n/a n/a G878 TAMU Kyle Field City of College Station 2015 - Brad Smith, Project Engineer 979.220.7449 Spencer Randy Sigford n/a n/a n/a G879 Cherry St. Apartments City of College Station 2015 David Turnbow, Superintendent 940.781.6998 Spencer Rand Sf- ord Dan Dyess Harold Rodgers n/a G881 Indian Lakes Ph 21 Paving Brazos County 2015 Travis Martinek, Manager 979.846.4384 Ben Randy Slgford Dan Dyess n/a n/a G884 Messina Hof Estates Brazos County 2015 Merrill Bonnerago, Owner 979.820.1238 Spencer Randy Slgford Dan Dyess, n/a n/a G885 Polo Estates Brazos County 2016 Trey Malechek 979.676.1880 Carey Randy Sigford Harold Rodgers Harold Rodgers n/a G892 Creek Meadows Sec 7 Ph 1 and 2 City of College Station 2016 Chris Rhodes, VP Construction 979.268.2000 Spencer Randy Sigford Dan Dyess n/a _ Jimmy Sigford G893 Saddle Creek Ph 12 Brazos County 2016 ML Schien, Owner 282,642.4924 Carey Randy Sigford Dan Dyess n/a n/a G895 Duck Haven Ph 8 Brazos County 2016 Travis Martinek, Manager 979.846.4394 Ben I Randy Slgford Harold. Rodgers Harold Rodgers n/a G898 Rio Grande Townhomes City of College Station 2017 Sultan Mahmood, Owner 281.650.1433 Spencer Randy Sigford Dan Dyess; n/a Jimmy Slgford G900 Creek Meadows Force Main City of College Station 2017 jChrls Rhodes, VP Construction 979.269.2000 Spencer Randy Sigford Dan Dyess n/a n/a G902 Lantern Cove Brazos County 2016 Merrill Bonnerago, Owner 979.820.1238 S encer Randy Slgford Dan Dyess n/a Jimrny Sigford G903 Vintage Oaks Sec 2 Montgomery County 2016 ML Schien, Owner 291.642.4924 Spencer Randy Sigford n/a n/a n/a G904 Miramont Sec 8 City of Bryan 2016 Andrew Ball, Director of Real Estate 979.731.1777 Spencer ord Dan Dyess n/a JimmySigford G9D5 Heritage Lakes PH 2. Brazos County 2016 Don Kyle Owner 979.324.2569 Carey ord Harold Rodgers n/a _ . Jimmy Sigford . G906 North Campus Subdivision O of Bryan 2016 Justin Wentworth, Owner 979.739.4930 Spencer ord Dan .Dyess n/a Jimmy Slgford G9D8 Indian Lakes Ph 15 Brazos County 2016 Travis Martinek, Manager 979.846.4384 Ben kRandvSigford ord Harold Rodgers Harold Rodgers Jimmy Sigford G909 Creek Meadows Sec 6 Ph 1 G of Colla a Station 2.016 Chris Rhodes, VP Construction 979.268.2000 Spencer ord Dan Dyess n/a Jimmy 51 ford G910 Indian Lakes Ph 23 Brazos County 2016 Travis Martinek, Manager 979.846.4384 Ben ford Harold Rod ers n/a Jimmy Slgford G913 Austin's Colon Pathwa Cit of 6 an 2016 Ross Carrabba,Owner 979.324.9939 Spencer anygford Dan Dyess n/a Jimmy Sigford G914 CS Intermediate School #3-BPI City of College Station 2017 Billy Prewitt, Utility Sub _ 979,412.5138 Spencer Randy Sigford Harold Rodgers n/a n/a G919 Indian Lakes PH 27 Brazos County 2016 Travis Martinek, Manager 979.846.43B4 Ben Randy Sigford Dan Dyess n/a n/a G920 Sierra Ridge Ph 2 City of Bryan 2017 Bill Stroman, Owner 979.255.2582 Spencer Randy Sigford Dan Dyess n/a 11mmySigford G921 Creek Meadows Sec 6 PH 2A/28 City of College Station 2017 Chris Rhodes, VP Construction 979.268.2000 Spencer Randy Sigford Dan Dyess n/a Jimmy Sigford G923 Duck Haven Ph 9 Brazos County 2017 Travis Martinek, Manager 979.846.4384 Ben Randy Sigford Harald Rodgers n/a n/a G925 Hidden Creek RV Brazos Cc/ CoB 2017 Allan Boe ner, Owner 979.574.3026 Spencer Randy Slgford Harold Rodgers Harold Rodgers Jimmy Slgford G932 Creek Meadows See.6 PH 3 City of College Station 2017 Chris Rhodes, VP Construction 979.268.2000 Spencer Randy Sigford Dan Dyess n/a Jimmy Slgford G934 Traditions at Northgate City of College Station 2017 Chad Davenport, VP 931.808.4404 Spencer Randy Sigford Harold Rodgers n/a I n/a G935 OakGlade-JC Wall Litv of Bryan 2017 IC Wall, Owner 254.721.6179 Spencer Randy Sigford Dan Dyess n/a Jimmy Sigford G936 South College24C Wall City of Bryan 2017 IC Wail, Owner 254.721.6179 Spencer Randy Slgford Dan Dyess n/a Jimmy Sf ford G938 Brazos Co Drake Drive Imp Brazos County 2017 Gary Arnold, County Engineer 979.436.2716 Spencer Randy Sigford n/a n/a Jimmy$igford G939 Traditions Ph 32 Oty of Bryan 2017 Eddie Hare, Manager 979.820.0149 Spencer Randy Sigford Harold Rodgers n/a Jimmy Slgford G940 Astin Avlatlon City of College Station 2018 jJeff Stafford, PM 512.563,6775 Spencer Randy Slgford Dan Dyess Archie Hirsch Jimmy Sigford G941 I I University Heights Ph 4 City of College Station 2018 1 Kenny Malesk , Owner 979.587.2275 Spencer Randy Slgford Harold Rodgers n/a Jimmy Slgford G944 I jUniversitv Drive East Extension 2018 IMatt Nash, Development Manager 979.412.0107 Spencer Randy Sigford Dan Dyess n/a Jimmy Sigford G947 -CltyofBrvan Creek Meadows Sec 7 Ph 4 City of College Station 2017 Chris Rhodes, VP Construction 979.268.2000 Spencer Randy Sigford Dan Dyess n/a Jimmy Sigford G948 A- IelandBusiness Park Ph 1, 2A-2B Brazos County 2017 Jim Jett, Owner 979.571.4341 Spencer Ran Sigford DanDyess n/a n/a G949 Harvey Rd Water Une Cityof College Station 2017 Jimmy Easterly, Owner 979.218.6775 Spencer Rand Slgford Dan Dyess n/a n/a G950 Summit Crossing Ph 3 City of College Station 2018 David Scarmardo, Owner 979.412.1386 Spencer Randy Sigford Harold Rodgers n/a Jimmy Slgford G95 CM Section 1C Ph 2-4 Cityof College Station 2017 Chris Rhodes, VP Construction 979.268.2000 Spencer Randy Sigford Dan Dyess Archie Hirsch JimmySigford G954 Indian Lakes Ph 33 Brazos Count 2017 Travis Martinek, Manager 979.846.4384 Ben Randy Sigford Dan Dyess Archie Hirsch n/a G957 Oakwood Forest CityofBryan 2019 Tommy Bryant, Manager 832.299.9631 Spencer Randy Slgford Harold Rodgers Archie Hirsch Jimm Sigford G958 I I Hwy 40 Vet Clinic City of College Station 2019 Dr. Ryan Lee, Owner 979,229.7845 Spencer Randy Slgford Dan Dyess Archie Hirsch Jimmy Slgford G959 Indian Lakes Ph 33 Paving Brazos County 2018 ITravis Martinek, Manager 979.946.4384 Ben Randy Sigford Dan Dyess Archie Hirsch n/a G961 Leonard Crossing Subdivision Phl Oty of Bryan 2019 Tommy Bryant, Manager 832.299.9631 Spencer Randy Sigford Dan Dyess Archie Hirsch Jimmy Sigford G964 Rallis Academic Complex City of B an/TAMU 2019 Trent Carney, Superintendent 214,704.7171 Spencer Randy Slgford Harold Rodgers Harold Rodgers n/a G966 Indian Lakes PH 34 Brazos Counpt 2019 Travis Martinek, Manager 979.846.4384 Ben Randy Sigford Dan Dyess Archie Hirsch n/a G968 'Aggleland Business Park Ph 3B3D Brazos County 2019 Jim Jett, Owner 979571.4341 Spencer Randy Sigford Dan Dyess Archie Hirsch n/a G973 Alamosa Phi Brazos County 2019 CareySmith, Owner 979.690.7711 Spencer Rand SI ford Dan D ess Archie Hirsch 11mmy.Slgford G974 Leonard Crossing Ph2 City of Bryan 2019 Tommy Bryant, Manager 832.111.9631 5 ncer Randy Sigford Dan Dyess Archie Hirsch Jimm Sigford Technical Adequacy of Personnel TEXCON GENERAL CONTRACTORS Previous Public Infrastructure Experience Texcon has been performing public infrastructure projects for over 30 years. As. such, they have acquired all of the needed personnel, supervision, equipment, subcontractors, suppliers and bonding to perform this work in an efficient and expeditious manner. Texcon prides itself on repeat customers and excellence as seen through their previous public infrastructure examples. Attached you will find only a handfulof examples listed in a spreadsheet along with some recent drone photos of project progress photos. Previous Public Infrastructure Experience Vol. 395 pg. 270 Project IProject Name ,Description ?G841 ;Traditions Ph. 20B ,Earthwork, Utilities, Paving sG892 Creek Meadows Sec 7 Ph.1&2 Earthwork, Utilities, Paving iG900 . .__.._....: Creek Meadows Force Main ... ...... ._ , __ •_ .e- ..._ _. ;Utilities, Paving .... IG904 Wiramont Sec. 8 ,`Earthwork, Utilities, Paving G906 )North Campus Subdivision ; Earthwork, Utilities, Paving +G920 ,Sierra Ridge Ph 2 ;Earthwork, Utilities, Paving !G921 :Creek Meadows Sec 6 Ph 2A/2B ;Earthwork, Utilities, Paving G932 ;Creek Meadows Sec 6 Ph 3 Earthwork, Utilities, Paving 'SpencerJ Buchanan JSigford $ ;G935 !Oak Glade Earthwork, Utilities, Paving IG936 ;South College Condos 2 Earthwork, Utilities, Paving G939 ;Traditions Ph 32 Earthwork, Utilities, Paving ........ .... -. jG941 (University Heights Project Manager Superintendents IContract Amount G947 :Creek Meadows Sec 7 Ph 4 G950 i ;Summit Crossing Ph 3 'G961 i #Leoanrd Crossing Ph1 G973 Wamosa Springs Ph1 G974 'Leonard Crossing Ph2 _ Earthwork, Utilities, Paving iEarthwork, Utilities, Paving `iEarthwork, Utilities, Paving Earthwork, Utilities, Paving :Earthwork, Utilities, Paving Earthwork, Utilities, Paving :Ben Wail ,Randy Sigford, Dan Dyess $ 442�802.00 " ;Randy Sigford, Dan Dyess, ' ,SpencerJ Buchanan Jimmy Sigford $ 2,977,221.00'. =Spencer) Buchanan Randy Sigford, Dan Dyess $ 308,914.00 `.Randy Sigford, Dan Dyess, ' !Spencer) Buchanan :Jimmy Sigford $ 1,141,680.00 Randy Sigford, Dan Dyess, iSpencer.l Buchanan -Jimmy Sigford $ 702,238.00 `Randy�Sigford,'Dan Dyess, ;•SpencerJ Buchanan Jimmy Sigford $ 474,079.00 ' ,Randy Sigford, Dan Dyess, _--. 'Spencer J Buchanan Jimmy Sigford $ 450,000 00 `Randy Sigford, Dan Dyess, uc anan immy 490,539.60 Randy Sigford, Dan Dyess,' :Spencer J Buchanan Jimmy Sigford $ 82,161.11 Randy Sigford, Dan Dyess, 'SpencerJ Buchanan Jimmy Sigford _ .< . ...... $ 137,00 310. _ =Randy Sigford, Harold ,, .. .,.. _._. _10 Spencer J Buchanan Rodgers, Jimmy Sigford $ 326,345.75 c Randy Sigford, Harold :Spencer) Buchanan I Rodgers, Jimmy Sigford $ 485,012.00 'Randy Sigford; Dan Dyess, :Spencer_) Buchanan ;Jimmy Sigford $ 539,869.50 _ -RandySigford; Harold Spencer J Buchanan ;Rodgers, Jimmy Sigford $ 2,215,586.00 ' Randy Sigford, Dan Dyess, :Spencer J Buchanan .Jimmy Sigford ; $ 4,852,000.00 RandySigford,µDan Dyess, Spencer J Buchanan Jimmy Sigford $ 1,228,875.00 __. Randy Sigfo_r_d,.Dan�byess, __. ,..._ _...__. =Spencer J Buchanan Jimmy Sigford $ 3,199,000.00 ` 'Size of Project ,OrganizationType ,Customer 'Contact Name ';Phone Number Tap -Lard 2100 Traditions Blvd Bryan, TX 77807 !G841 ISee Contract Amount fPrivate Eddie Hare ;(979)821-0149 tOldham Goodwin Group 2800 S Texas Ave, Ste 401 Bryan, TX !G892 iSee Contract Amount Private 77aoz thris Rhodes i(979)268-2000 f 'Oldham Goodwin Group 2800 S Texas Ave, Ste 401 Bryan, TX i G900 'See Contract Amount Private ------- `77802 Chris Rhodes �(979)268-2000 ;Adam Development Properties One Momentum Blvd, Ste 1000 G904 !See Contract Amount �Private iC��Iege Station, TX 77845 'Andrew Ball �(979)776-1111 jG906 !See'Contract Amount ',Private !Bona FIcle Acquisitions 4400 Old College Rd Bryan, TX 77801 Justin Wentworth i(979)739-4930 'G920 JSee Contract Amount j Private Milliam L Stroman 2503 Tabor Rd Bryan, TX 77803 Bill Stroman !(979)255-2582 1G921 'See Contract Amount Private 101clham Goodwin Group 2800 S Texas Ave, Ste 401 Bryan, TX i77802 'Chris Rhodes ------- ------ !(979)268-2000 4G932iSee Contract Amount !Private 'Oldham Goodwin Group 2800 S Texas Ave, Ste 401 Bryan, TX �77802. ;Chris Rhodes 2- (979)268-2000 G935 ISee Contract Amount jJC Wall Real Estate& Development 8702 Adams Lane Temple, ITX 7G502 jJC Wall ... ... .... — `(254)-721-6179 'Trivate G936 Contract Amount Private JC Wall Real Estate& Development 8702 Adams Lane Temple, TX 76502 JC Wall (254) -721-6179 IG939 IG941 LG950 I 0 J jG973 J'G974 See Contract Amount f Private Bryan Traditions LP 2100 Traditions Blvd Bryan, TX 77807 ;Eddie Hare `(979)821-0149 See. Contract, Amount' (Private �KGM Rentals, LLC PO Box 505 Millican, TX 77866 Malesky 1(979)587-2275 !Oldham Goodwin Group 2800 5 Texas Ave, Ste 401 Bryan, TX Sebtofitrbct Amount IPrivate j77802 Chris Rhodes (979)268-2000 See Contract Amount IPrivate MWS Development PO Box 4508 Bryan, TX 77805 'David Scarmardo J i'(979)412-1386 See Contract Amount 'Private ICamillo Properties _n� `(832)299-9631 See Contract Amount iPrivate ------ !Reveille Air LLC CareS mithy l .. .... (979) 690-7711 See Contract Amount Private iCamillo Properties ;Tommy Bryant __J(832)299-9632 TEXCON GENERAL CONTRACTORS Previous Public Infrastructure Experience GG961 Leonard Phla f • � rk H '.P "d ? sx ,. ,"�, ••r � `'� :fit",` , yid •., �.� ' � _ ,.t x r W�� + °, ki s° ' �* .,� .✓mac+°� At# 1 v p SPCti mm TEXCON GENERAL CONTRACTORS Previous Public Infrastructure QA./QC Texcon has been performing public infrastructure.projects for over 30 years. As such, they have acquired all of the needed personnel, supervision, equipment, subcontractors, suppliers and bonding to perform this work in an efficient and expeditious manner. Texcon prides itself on repeat customers and excellence as seen through their previous public infrastructure examples. Integrity in their work all the way through delivery of the final product is of up most importance. This is maintained at all levels of personnel from start of the project through completion. This quality control/quality assurance starts at the time of bid submittal, where issues such design or quantity take -offs are addressed up -front in attempt to present a straightforward price. As often seen, Addendums are issued as a result of up -front due diligence. Once awarded a project an internal pre -con is held between the estimator and all supervisors that will be involved in the project to ensure a smooth transition to the field. Once NTP is issued the Project Manager and General Superintendent are responsible for maintaining scope, schedule, budget and client coordination. Texcon coordinates with clients schedule accordingly but most projects are budgeted for forty (40) hours per week. When needed due to unforeseen circumstances overtime will be worked to maintain schedule. In the event -that a differing site condition is present, the Project Manager will communicate with all parties any cost/time impacts associated with it and receive an approved change order prior to commencing extra work. In the event that key personnel are unavailable for a time period on a project there are multiple members cross -trained to ensure performance and integrity is maintained. Additionally, every supervisor is typically managing multiple projects simultaneously, which is possible due to our structure with foreman and managing team members. Open communication with inspectors and owners is Texcon's main tool for effectively managing scope, schedule and budget: Each superintendent is competent in their areas of work and ensure all codes and specs.are followed. It Texcon's goal to complete each project on -time and on -budget with the highest level of integrity. Please see attached projects which exemplified this on infrastructure work within the City of Bryan. Previous Public Infrastructure QA/QC vol. 395 ._ ..Pg 276 0 t 'Project ?Project Name Description Project Manager ?Superintendents Contract Amount >G841 (Traditions Ph. 206 _. .... _.._ , _. ;Earthwork, Utilities, Paving Ben Wall _ . _._.._. 442,802 Randy Sigford, Dan G904 SMiramont Sec. 8 � Earthwork, Utilities, Paving !Spencer J Buchanan `Dyess, Jimmy Sigford 1,141,680 Randy Sigford, Dan <G906 North Campus Subdivision (Earthwork, Utilities, Paving ;SpencerJ Buchanan 'Dyess, Jimmy Sigford `702,238 i Randy Sigford, Dan G913 Austin's Colony Pathway Earthwork, Utilities, Paving :SpencerJ Buchanan Dyess, Jimmy Sigford ,143,666 iG920 ;Sierra Ridge Ph 2 _ Earthwork, Utilities, Paving 'SpencerJ Buchanan 'Randy Sigford, Dan Dyess, Jimmy Sigford i474,079 Randy Sigford, Dan ,G935 ;Oak Glade ;Earthwork, Utilities, Paving Spencer Buchanan Zyess Jimmy Sigford 82,161 Randy Sigford, Dan G936 ',South College Condos 2 iEarthwork, Utilities, Paving ;SpencerJ Buchanan ;Dyess,Jimmy Sigford '137,310 Randy` Sigford, Harold ., .._ ..._...___._ ....... . Rodgers, Jimmy G939 'Traditions Ph 32 'Earthwork, Utilities, Paving Spencer Buchanan ;Sigford 326,346 Previous Public Infrastructure QA/QC �Organizatlon j iProject ;Type Customer :Contact Name !.Phone Number , ;Change Orders Tap -Lard 2100 Traditions Blvd Bryan, TX 77807 'G841 'Private ! Eddie Hare r 979 821-0149 i6 @ $22,229 ZAdam Development Properties One Momentum Blvd, Ste 1000 , G904 ;Private College Station TX77845 ;Andrew Ball 1(979)776-1111 4 @-$3,695 G906 i Private Bona Fide Acquisitions 4400 old College Rd Bryan, TX 77801 ;Justin Wentworth y979 739.4930 .5 @ $40,643� i - f f f i'G913 ;Private CarrabbaFamilyLtd POBox 663Bryan TX77806 Ross Carrabba 1(979)778-8850 ;NONE _.- _. --- r f ,G920Private fWilllamLStroman2503Tabor RdBryan, TX77803 Bill Stroman (979)255-2582 i4 @ $46,579 i ?7C Wall Real Estate-& Development 8702 Adams Lane Temple, f , 'G935 'Private Tx76so JC Wall (254) 721-6179 3 @ $2,585 jJC Wall Real Estate & Development 8702 Adams Lane Temple, , G936 'Private {Tx76502 JC Wall (254)-721-6179 3 @ $21,250 f i T e Bryan rivatTraditions LP 2100 Traditions Blvd Bryan, TX 77807 'Eddie Hare 1(979)821-0149 2@ $2,772 _... at Previous Public Infrastructure Q-41QC TEXCON GENERAL CONTRACTORS Local Construction Criteria, Specs, Details and Site Conditions 1.) Rehabilitation projects Texcon has many years experience with both public utility and pavement rehabilitation. On most sites where rehabilitation is called for, many decades have passed since the original installation has occurred. fears of repair and new installations in the area adding to the complexity of the task especially when underground utility rehabilitation is considered. Texcon is equipped with pavement, earthwork and utility superintendents that have years of experience working in a rehabilitation setting. Several things must be considered by the superintendent in charge when beginning a rehabilitation project. Proper location, documentation and protection of all existing infrastructure is needed for a smooth work flow after installation begins. Superintendents work closely with 811 technicians to ensure all existing utilities in a work zone are properly marked before any construction starts. Crews are trained to identify potential underground utilities using physical above and below ground evidence. Above ground features like trench settlement, meter boxes, cleanouts and markers all add to information gathered to identify underground utilities. Once digging begins the ability to identify possible unknown utilities by evidence using something like old trench backfill can be invaluable to properly locating all potential piping. Texcon devotes the necessary time to properly pot hole existing utilities bringing all information to the attention of the client and the design engineer so they can assess potential impactsto the project. Inevitably, plan changes due to unforeseen conflicts will occur during a rehabilitation project; documentation of existing infrastructure is key to identifying conflicts beforehand. Our in-house. survey crew uses highly accurate GPS, total station and laser equipment to accurately measure utility locations in 3 dimensions, and can digitally transfer the information from the field to the office cutting the time it takes to get information to those who need it. A great amount of flexibility is required for the installing contractor. Since an unknown utility might be found at any time coordination between the onsite crew, the office personal and the engineer is a necessity to keep the project on schedule. Texcon's competent staff have the necessary skills to communicate with inspectors and engineers onsite to troubleshoot a problem and keep the project moving forward. Since rehabilitation projects almost always have people living around the construction site, Texcon works to minimize the impact to the community during the installation process. Fencing off work areas, covering excavations overnight and training employees to be watchful Local Construction Criteria, Specs, Details and Site Conditions 79 vol. . 3 9 5 Pg. are only a few of the safety guidelines employed by Texcon. As a company, we strive to not only bring a project in on budget and on schedule but also with zero incidents. 2.) Development work including subdivisions and commercial site work For the past 30 plus years, Texcon has successfully demonstrated the ability to develop subdivisions and commercial sites within the City of Bryan. Their years of local experience have contributed greatly to the growth and development of the community. Texcon employees utilize training, experience and effective communication to consistently deliver a high quality final product. Employees have an in-depth knowledge of how to read and interpret technical plans and specifications. Prior to bidding a project Texcon employees spend several hours inspecting site plans to evaluate the conditions specific to the area of interest. Through the utilization of the supplied technical information and employee knowledge, Texcon's project management and estimation department provide an appropriate estimate for each project. Texcon has demonstrated -the ability to accurately and effectively propose project estimates which have transferred to successful projects. Texcon attributes much of our success to the established, effective and professional lines of communication with local engineers, inspectors, project managers, city officials, clients and the public. One key feature that has allowed Texcon to successfully communicate is the proximity of our business office which is Iocated within Brazos County. This allows project managers to expeditiously conduct onsite meetings and ensure that architectural -plans and technical specifications are accurate and up to date. Texcon's examination and verification process consistently ensures that all projects strictly adhere to plans and specifications guaranteeing a superb final product By using a combination of technical knowledge, local experience and effective communication Texcon has been able successfully overcome the uniqueness and specifics of the site conditions found in the Brazos Valley. With the home office located in Brazos County and most of their employees living in the local area, they have a vested interest in improving the community and producing a quality product that they can be proud of for decades to come. 3.) Building material availability and use With the home office in Brazos County Texcon has developed an extensive working knowledge of City of Bryan requirements for building materials. Our years of local experience have contributed greatly to our ability to source, develop and deploy materials that meet or exceed the local requirements. Texcon's ability to effectively communicate purchase orders.and source,ii aterials has been greatly attributed to the well developed relationships with local, suppliers. They have a proven record of working closely with a variety of local suppliers that ensures that all project Local Construction Criteria, Specs, Details and Site Conditions' Vol. Pg, 280 �9 5-- materials. are ordered and supplied in a manner that produced cost effective and quality results. Texcon has also developed a proven ability to work closely with city engineering staff to identify cost effective alternative materials that meet the job requirements and specifications when traditional options are not available. Additionally, Texcon owns and operates a materials division equipped with a pugmill, materials yard and its own trucking fleet. This materials division has allowed Texcon to supply cement stabilized materials and other key construction materials for company projects and local customers. As a local materials supplier Texcon has a firm grasp and knowledge of local requirements and demands for construction building materials. The location of Texcon's material yard allows for employees to select the highest quality materials and have them delivered in a timely manner. Their ability to reduce delivery times has led to significant cost reduction and has greatly increased the effectiveness of material application. Working with suppliers, manufacturers, local engineering firms and city officials, Texcon has been able to bring new advances in materials to the spotlight in the field of utility products that could potentially cut cost while improving design life and installation costs. After staff realize the potential benefit of a new advancement and how it will aid a particular situation, Texcon works with the suppliers and manufacturers to bring all the required data to city officials so that approval can be granted. 4.) Local soil conditions Texcon has a vast knowledge of the local soil conditions. Over the past three decades of operation Texcon has worked closely with engineers, site developers and project managers to study and understand local geotechnical reports and conditions. .Before a bid is placed for a project Texcon's estimation and project management team perform an extensive inspection of site plans and existing site conditions. The inspection process includes working closely with geotechnical engineers to understand boring logs and develop solutions to potential problems. The estimation and management team takes into consideration not only the project area but the surrounding areas as well. The team will then take in a variety of factors and determine the most effective and safe process for site development. Texcon employees take great care to ensure the safety of site locations which includes eliminating possible cave-ins, and preventing water movement from disturbing surrounding excavations. Texcon's decades of experience have also lead to a greater understanding of job site requirements for erosion control. Texcon has multiple best management practices established to help prevent soil erosion such a hydromulch seeding and silt fencing. Using a combination of prior knowledge and effective communication with key personnel, Texcon's knowledge of local underground site conditions such as large rock deposits and old creek beds has proven to significantly improve our cost estimations and improve work performance by anticipating adverse site conditions. Local Construction Criteria, Specs, Details and Site Conditions Vol. 5 _ Pg. 281 5.) Environmental issues With the implementation of stricter regulations from the TCEQ and EPA, Texcon has grown with the times and has steadily implemented TCEQ guidelines aimed at reducing the impact of our construction activities on the environment. Texcon's approach is to not just install the BMPs (Best Management Practices) at the beginning of the project but includes proper maintenance and record keeping throughout the life of the job. During a rain event, crews check projects to ensure BMPs are functioning as designed and make recommendations if they see a deficiency. They also have the ability to mobilize equipment and labor resources to fix a damaged BMP. At the end of a project, Texcon is committed to not leaving the site until final stabilization is established. Texcon works with subcontractors that specialize in seeding and erosion control to find the right seed mix for our climate and still provide a finished project that meets city specifications. With development occurring in areas that have historically been pasture land or forest, Texcon has become sensitive to the existence of protected plant and animal species and works to actively alert crews if there is any chance of encountering protected species on a project. Typically, if a site has a history of possessing a protected species or if an engineer or owner alerts Texcon to their possible existence, Texcon superintendents and surveyors work to locate and protect it before work crews mobilize. They then work with the engineers and government officials to ensure protocol is followed and no adverse affect to the plant or animal is witnessed. 6.) Public Awareness With the addition of public infrastructure in new developments along with the requirements of the rehabilitation process, public involvement is increasingly important. As such, Texcon strives to work with the city officials and the public in the affected areas when our work comes in close proximity to minimize our impact and better educate the public on how the potential benefit of improvement greatly outweighs the short term discomfort of construction. It is Texcon's policy to contact those people that will be affected by our construction operations before beginning construction to make introductions. Contact information is then provided should there be any need for the home owner to contact its and a brief schedule, explanation of the construction scope and possible impacts are explained. Providing advance information. is a key component when working with the public. Though we will not be able to negate the affects to everyone, we do all we can minimize those impacts. Working with the public in this regard makes Texcon a partner with the public to build a better future for our area. It is also Texcon's policy to properly document preconstruction conditions using photographs and videos before resources are mobilized to a site. All work zones adjacent to existing infrastructure or private improvements are documented at its pre -construction state. Local Construction Criteria, Specs, Details and Site Conditions f Vol. 395 __gig. 282 Copies of these recordings are provided in digital format to city officials, and is a part of our pledge for thorough and transparent construction process. 7.) Local Design Standards Texcon has over 35 years of experience in construction with most of those years spent in the Bryan/College Station area. Our employees work in this area daily and use the standard city specifications, work with local design engineers and coordinate with area inspectors to properly build large scale civil projects. Our organization is broken down with superintendents specializing in areas such as utilities, concrete and earthwork, and this better allows them to understand the specifications specific to their trades. Superintendents keep up to date on specification changes and actively work to implement specifications on all of their projects. If a problem' arises that is not covered in the specifications or it is unclear how to proceed, Texcon employees work closely with the inspectors and engineers to solve the issue and get the project back on track. Local Construction Criteria, Specs, Details and Site Conditions Vol. 395 Pg. 283 TEXCON GENERAL CONTRACTORS Equipment Maintenance Program The Texcon Equipment Maintenance Program is led by Maintenance Manager, Terri Cook. Terri has 30+ years' experience in heavy equipment repairs and has trained a team consisting two (2) field technicians with service trucks, a shop Tube technician and a fuel truck driver/field lube technician. Combined, her team is able to provide daily'field refueling and lubricating, fast and accurate field diagnostics/ repairs and major overhauls in-house in our 6,400 square -foot frilly enclosed shop. Prevention of unnecessary downtime has been established through an -Equipment Maintenance Program which consists of following each piece of equipment's operation and maintenance manual/guidelines. These guidelines provide scheduled maintenance information which is tracked and serviced accordingly. This combined with daily foreman inspections helps prevent unnecessary downtime of equipment. --------------- **NOTE: Equipment Proposed for Project Enclosed by -------------- Construction EquipmentAvailability and Condition E 315 Pg. - 284 4 TEXCON OWNED EQUIPMENT LIST [ eon currently does not lease any equipment CATEGORY r r.1 DESCRIPTION,:' ASPHALT ELEVATOR (AE) 2004 CARLSON WP-800 ASPHALT PAVER (AP) 2005 ROADTEC RP195 TRACK PAVER BACKHOE (BH) 2012 CAT 416E 4X4 2014 CAT 416F 4X4 2014 JOHN DEERE 310 SK 4X4 2015 CAT 420F IT 4X4 2015 CAT 420F IT 4X4 2014 CAT 420F IT 4X4 2014 CAT 420F IT 4X4 2017 CAT 420F IT 4X4 2014 CAT 420F IT 4X4 BROOM/SWEEPER (BR) 2003 RJ350 BROCE CURB MACHINE (PC) 2007 KURBER 5000 DISTRIBUTOR TRUCK (DS) 2005 FORD F-350 W/ETNYRE CENTENNIAL DOZER(DO) 2012 D-5 K2 CAT 2014 D-6 K2 CAT W/TRIMBLE 2010 D-6T CAT 2015 D-6 K2 CAT WITRIMBLE 2016 D-5K CAT 2017 D-6N CAT W/ TRIMBLE DUMP TRUCKS (DT) 1998 MACK CH613 DUMP TRUCK ----------- 2013 MACK CH613 TRACTOR TRUCK -------------------- 2010MACKCH613TRACTORTRUCK-----------; 2015 MACK CHU613 TRACTOR TRUCK (PARTS) 2015 MACK CHU613 TRACTOR TRUCK 2008 KENWORTH W900B TRACTOR TRUCK 2015 MACK CHU613 DUMP TRUCK - WRECKED 2014 MACK CHU613 TRACTOR TRUCK , 2014 MACK CHU613 TRACTOR TRUCK 2015 MACK CHU613 DUMP TRUCK 2016 PETERBILT 389 TRACTOR TRUCK 2016 MACK CHU613 DUMP TRUCK 2018 PETERBILT 389 TRACTOR TRUCK FUEL TRUCKS (FT) 2012 PETERBILT 348 SERVICE TRUCK ------------------- ------------------------------------ ' 'HAUL TRUCK (HT) 2004 PETERBILT - SERIES 379 ' 2016 PETERBILT - 389 LOADELR91LOI 2012 CAT 950 K. MEDIUM WHEEL LOADER 2013 JOHN DEERE 544K WHEEL LOADER 2016 CAT 259D SKIDSTEER LOADER 2016 CAT 950M W/ COUPLE & FORKS MISCELLANEOUS (MC) 2000 ABI TRENCH BURNER 2003 26" PRO 65 111 CONCRETE SAW 2004 TERRAMITE 8"X18' ROLLER SCREED 1994 ALLEN VIBRATORY POWER SCREED 20' 2007 CATXQ230 GENERATOR 19821000-GAL WATER TRAILER WITH PUMP 19821000-GAL WATER TRAILER WITH PUMP 1996 HONDA 46" W/B TROWEL MACHINE SULLAIR 185 D COMPRESSOR Construction Equipment Availability and- C_ondition 178.A8Equipment List vol. P, `y8 5 TEXCON OWNED EQUIPMENT LIST 'T escon currently does not (ease any eq .1pment CATEGORY' , 4,.f.,§- DESCRIPTION 6" GORMAN RUPP TRASH PUMP' 2007 JLG 6005 BOOM LIFT MOTOR GRADER (MG) 2006 CAT 12H 2011 CAT 12M 2008 CAT 140H 2016 JOHN DEERE 772G 2015 CAT 12M PAD FOOT ROLLER (PD) 2003 I.R. SD70D TF = 66" W/ KIT 2014 SAKAI SV540T 84" PLANTS (PL) 2000 DAVIS PUGMILL PNEUMATIC ROLLER (PR) 2011 CAT PS-150C 2014 CAT CW14 2014 CAT CW14 SCRAPER (SC) 2005 JOHN DEERE 151 OC, SCRAPER 2007 REYNOLDS CS 1610 SCRAPER 2007 JOHN DEERE 1510C SCRAPER SMOOTH DRUM COMP. (SD) 1998 CAT CB-214C SD COMP 2003 DYNAPAC CA-262D 84" 2009 CAT CS-64 W/PAD KIT 84" 2006 CAT CB-534D XW 2015 CAT CS56B SURVEYING EQUIP (SU) 1999 PENTAX PCS-215ETS 2001 PENTAX PCS-225ETS 2001 LEICA TC-705 TOTAL STATION 2004 SOMA 630R TOTAL STATION TRACTOR (TA) 2008 JOHN DEERE 6430 4X4 w/ Loader 2012 JOHN DEERE 1026R TRACTOR 2007 JOHN DEERE 8430 4X4 TRACTOR 2016 JOHN DEERE 21,0E LANDSCAPE LOADER 4X4 2002 JOHN DEERE 9320 4X4 TRACTOR TRENCH BOX (TB) 1994 4'X20' TRENCH BOX 1994 8'X20' TRENCH BOX 1996 MANGUARD 1998 8'X20' TRENCH BOX MODEL 820R4 1998'6X10`ALUMINUM SHORING SHIELD TRACKHOE H) 2007 VOLVO EC330BLC 2010 CAT 312 CL 2013 JOHN DEERE 21 OG 2015 JOHN DEERE 35G MINI 2014 JOHN' DEERE 210 GLC 2014 JOHN DEERE 210 GLC -------------------- M4JOH&QEERE2IQ.GLC---------------- 2015 CAT',324 EL ' 2013 CAT 320 EL TRENCHER 2013 VERMEER RTX 1250 TRUCK - PICKUP 2008 CHEVROLET 3/4 TON 2011 FORD F450 MECHANICS TRUCK . Conshwction Equipment Availability and Condition 08.i8Equipment tisi !%OL 395 V 6 TEXCON OWNED EQUIPMENT LIST "Texcon currently does not lease any equipment CATEGOF,tY.:� � 3 Y ':DESGRIP.TI,ON,`< sG 2012 FORD F-250 SUPERCAB 2013 FORD F250 CREW CAB 2014 TOYOTA TUNDRA 4X4 2008 CHEVROLET SILVERADO 1500 QUAD CAD 2014 TOYOTA 4RUNNER 2015 TOYOTA TUNDRA 4X4 2014 FORD F150 4X4 CREW CAB 2015 FORD F250 4X4 SUPERCAB 2002 CHEVROLET SUBURBAN 4X4 2014 FORD F250 CREW CAB 4X4 2016 TOYOTA TUNDRA 4X4 2013 FORD F150 2011 FORD F250 CREW CAB 2017 FORD F350 CREW CAB 4X4 2017 FORD F350 CREW CAB 4X4 2011 FORD F350 CREW CAB 4X4 2013 CHEVROLET 1/2 TON CREW CAB 2018 FORD F250 CREW CAB 4X4 TRAILERS (TL) 198716' FLATBED 1973 40' STORAGE VAN 1979 45' STORAGE VAN 1997 40' FLOAT TRAILER 1999 18'FLATBED TEXAS BRAGG 1966 TRLM STORAGE VAN 2001 GOOSENECK 20X6'8" UTILITY TRAILER 2002 CTSI BOTTOM DUMP 2002 CTSI BOTTOM DUMP -------- ---- --�-- 200216'PIPEUTICITYTR41LEf2____----------- ------------- 2000 CPS BELLY DUMP 2002 CTSI BOTTOM DUMP 2002 16' UTILITY TRAILER 2002 GOOSENECK 28' x 8' DUAL TANDEM ------ ----- 2003 18' BP FLATBED --------- _ ------------------ 2003 CTSf BOTTOM DUMP 2003 ETNYRE 55 TON LOWBOY 2004 CTSI BOTTOM DUMP (INSULATED) 1987 48' MAXI STORAGE VAN 2003 16'TEXAS BRAGG UTILITY TRAILER 1.999 32' CPS END DUMP (DEMO) (PARTS) 2014 ARMOR LITE- HALF ROUND END DUMP 201418'TEXAS BRAGG,UTILITY TRAILER 2015 ETNYRE 55 TON LOWBOY 2001 CIRC CARGO TRAILER -------------------- 201rdAUMDRLITErIjALFRQUNDEN.RDUMP----- 2014 CTS BELLY DUMP 2018 ARMORLITE BELLY DUMP WATER TRUCK (WT) 1995 INTERNATIONAL WATER TRUCK 2006 4300 INTERNATIONAL 2000-GAL AM GENERAL M35 A2 - 2400-GAL 1968 KAISER6X6 1984 AMERICAN GENERAL 5-TON WATER TRUCK 2008 4300 INTERNATIONAL 2000-GAL Construction Equipment Availability and Condition_ _ 08.18 Equipment List Vol. . 395 u— g. 2 8 7 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Texcon General Contractors, PO Box 138, Kurten, Texas 77862 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, FCCI Insurance Company, 6300 University Parkway, Sarasota, FL 34240-8424 (Here insert lull name and address or legal title of Surety) a corporation duly organized under the laws of the State of Florida as Surety, hereinafter called the Surety, are held and firmly bound unto Brazos County Purchasing as Obligee, hereinafter called the Obligee, in the sum of Five Percent of The Total Amount Bid (Here insert full name and address or legal title of Corporation Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Stockpile Dirt Removal - Copperhead Road (Here insert lull name and address description of project) NOW THEREFORE, if the obligee shall accept the bid of the principal and the principal shall enter into Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Prindpal shall pay to the obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 4th day of April , 20 23 Texcon General Contractors �- /-�_ (Principal) - (Sea/) (Witness) .. (Title) - ess) FCCI Insurance COMDan (Surety) Ap ' M Terb - Attorney- - act vol. 3 9 5 p9, 2 8 8 Ell INSURANCE Fccr.oxocm GENERAL POWER OF ATTORNEY - Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation) does make, constitute and appoint: James F Siddons; April M Terbay; Patrick L Watkins; Rodney Watkins; Andrew Webb; Robert J Guyton; Hanna Ogle; Sheila Pennington Noxon Each, its true and lawful Attorney -In -Fact, to make; execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $20,000,000.00): $20,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FCCI Insurance Company has caused these presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 23rd day of July 2020. Attest:onmz� 0a .— 5°��o% :•��' ,' o `_ Christina D. Welch, President SEAL , : Christopher Shoucair, FCCI Insurance Company EVP, CFO, Treasurer, Secretary `ioplo?: FCCI Insurance Company State of Florida •• County of Sarasota v -------- Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2023 0��"°� s � ` ;; cw�lsce ♦,,r Notary Public State of Florida County of Sarasota Before me this day personally appeared Christopher Shoucair, who is personally known to me and who executed the foregoing document for the purposes expressed therein. SLrMy commission expires: 2/27/2023 a " d [ IN 1 - 4 +°char ussos Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. 140NA-3592-NA-04. 7/2021 Dated this 4th day of April 2023 Christopher Shoucair, EVP, CFO, Treasurer, Secretary.- FCCI Insurance Company'`, w -•-" Vol, W 3 9 5 • Pg. � 8 9 I. IMPORTANT NOTICE To obtain information or make a complaint: You may call FCCI Insurance Group's (FCCI)' toll -free telephone number for information or to make a complaint at 1-800-226-3224. You may also write to FCCI Insurance Group Compliance Department e-mail at State ComplaintsO)fcci-group.com. For Claims, you may write to FCCI Insurance Group Claim Department e-mail at newclaim(ZDfcci-group.com.. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance: PO Box 149104 Austin TX 78714-9104 Fax: 1-512-490-1007 Web: http:/Avww.tdi.texas.gov E-mail: ConsumerProtections(a)-tdi.texas.gov PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact FCCI first. if the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached documents. "The FCCI Insurance Group includes the following insurance carriers: Brierfield Insurance Company, FCCI Advantage Insurance Company, FCCI Commercial Insurance Company, FCCI Insurance Company, Monroe Guaranty Insurance Company, and National Trust Insurance Company. 1-BD-TX-21690-NTP-07 15 Copyright 2015 FCCI Insurance Group. Page 1 of 1 VOL 395 PO Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #1 to Bid # CIP 23-582 Stockpile Dirt Removal — Copperhead Road Issued: March 21, 2023 Change: Bid Bond Reason: Was not in original bid documents All bidders must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 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 Adcje2 Signature: ^�-�- Printed Name: Aarey D. Smith Vol. 395 pg. 2 9� REQUEST FOR BID BID NO. CIP 23-582 Stockpile Dirt Removal — Copperhead Road SEALED -BIDS TO BE SUBMITTED BEFORE: Tuesday, April 4, 2023, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 3614293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. Any such contact will be grounds for rejection of the Respondent's bid. t In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation and specifications and being familiar with the conditions to- be met, hereby submits the following bid for furnishing the material and/or services listed on the attached Bid Form and agrees to deliver said items at the locations and for the prices set forth on the Bid Form. Company Name: Cervantez Construction, LLC Andy Cervantez By (Print): Title: Physical Address: 8777 Riley Rd. Bryan, TX 77808 Mailing Address: 8739 Grassbur Rd. Bryan, TX 77808 Telephone: 979-229-1590 Fax: N/A Owner E-Mail: andyCaftervantezconst.com VOL 95 Pgg92 Bid No. 23-582 Page 10 of 12 3. Brazos County reserves the right to award a contract for this service to multiple vendors if it is in the County's best interest. 4. Respondent(s) must sign and agree to all terms and conditions of this contract or Brazos County will not acknowledge the bid. I. RESPONDENT PROPOSAL ITEM # ESTIMATED CITY Cubic Yards TOTAL COST 1 PILE A 6,139 NO BID FOR PILE A 2 PILE B 6,773 NO BID FOR PILE B 3 PILE C 10,670 $96,700.00 - 60 days Please list all the anticipated equipment that will be used to load and transport the fill dirt below: CATEPILLER 320 OR EQUAL FOR LOADING OF MATERIALS; CAT D4 OR EQUAL FOR 4 LEVELING AT THE END OF THE JOB; 5 10 YARD BOBTAIL DUMP TRUCKS FOR. HAULING. MISC. EQUIP AS NEEDED TO COMPLETE THE WORK. 5 Please list all experience your entity has with moving large amounts of dirt: FOR 10 YEARS, CERVANTEZ CONSTRUCTION HAS SERVED LAND DEVELOPERS IN THE BRAZOS VALLEY AS A HEAVY CIVIL CONTRACTOR. WE HAVE CREWS EXPERIENCED IN MOVING THOUSANDS OF YARDS OF DIRT. DURING ROAD CONSTRUCTION, WE REGULARLY COORDINATE 1,000 YARDS OR MORE PER DAY MOVEMENTS OF BASE MATERIAL VC>I. Pg.293 Bid No. 23-582 Page 1.1 of 12 J. REFERENCES Respondent(s) shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Respondent(s) are not allowed to use Brazos County as a reference. Company/Entity: J4 ENGINEERING Contact: GLENN JONES, PE Phone: 979-739-0567 Email: GJONES@J4ENGINEERING.COM Company/Entity: MCCLURE AND BROWNE Contact: JEFF ROBERTSON, PE Phone: 979-693-3838 Email: —JEFFR@MCCLUREBROWNE.COM Company/Entity: BORD DEVELOPMENT, LP Contact: CHANDLER ARDEN Phone: 979-575-4019 Email: CA@CHANDLERARDEN.COM Voi. 395 Pg. 2 9 4 Bid No. 23-582 Page 12 of 12 K. CERTIFICATION OF BID The undersigned affirms that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other�dor r that the tents of this bid have not been communicated to any otheryendor prjW, th fficigl ow4ffg of this bid. Signed By: Typed Name: ANTEZ 'f/ Title: OWNER Company Name: CERVANTEZ CONSTRUCTION LLC Phone: 979-229-1590 Mailing Address: 8739 Grassbur Rd. Bryan, TX 77808 Email Address: andy@cervantezconst.com Vendor Tax Identification Number: 47-4499518 END OF BID REQUEST NO. CIP 23-582 �>c�k��kae�*�3���e����kge�k��k�3,s#����k3,:��xe�s�k��k3,e�ac3��c�c�kek3k�M�kx�kz��ok���x���kieatiaeek��7?c���>eM3,e��:�ac3c�;e�srgcx� By signing below, Brazos County agrees that this bid, CIP 23-582, will be awarded as dictated on the associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to the terms a conditions c tained�.exiiv.-- Brazos County Commissioner's Court: -f)1.L al'i 67 PGT 1=-7?-S y �i 0 L.A-VJ`V-`i Ju a& t Date: 00 (Z Attest: j Brazos County Clerk: �` d4 Cf� G 62 LLF 60 L. BID CHECKLIST iQ � [` The following items should be comp et s include these items will disqualify your bid. ❑ Respondent Proposal (Section G) ❑ References (Section H) ❑ All Addendums (if applicable) ❑ Certification of Bid (Section K) I included in your bid submission. Failure to Vol. 3,95 pg. 295 Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PRONE (979) 361-4292 FAX (979) 361-4293 Addendum #1 to Bid # CIP 23-582 Stockpile Dirt Removal — Copperhead Road Issued: March 21, 2023 Change: Bid Bond Reason: Was not in original bid documents All bidders must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid -price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. This addendum should be signed by an authorized the bid documents as specified in the bid` Acknowledgement of Addend Signature: Printed Name: of the respondent and returned with Vol. 395 pg.2 9 6 S - r BID BOND Bond No. CNB-41875-00 KNOW ALL MEN BY THESE PRESENTS: THAT we, Cervantez Construction, LLC , as Principal, hereinafter called the Principal, and INSURORS INDEMNITY* COMPANY, Waco, Texas, as Surety, hereinafter called the Surety, are held and firmly bound unto Brazos County , as Obligee, hereinafter called the Obligee, in the amount of 5 % of the amount of this bid not to exceed i 5% of the Greatest Amount Bid Dollars ($ 5% of GAB), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,"our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted *a bid for 23-582: Stockpile Dirt Removal Removal of stockpiled dirt from county owned location NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof.between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, SEALED AND DATED this 4th day of Anril 2023 Principal: (Seal) Surety: INSURORS INDEM ITY COMPANY (Seal)' By. i - B dley Hurt, Attorney=lr,-Fact - Bond verification: bonddept@insurorsiridernnrty c m Vol. 5 pg. 11. N,_1 IS T%U P ... ,0 .0F 11INV-004�PRIPRP. WDEM;M N _1TY QVPA. i(` KNOW-ALL PER90MSBYTHESE-PRESEMP NtOMbe-in-_ cNB-41875-00 TheitINSURORS-INE)EMNITYC-OMP-ANYiWaOiT,e--x-a-s -q-ri `6fid 'dutfibftdd'iiridAid&ftdd 5 do` business iti-the-8 T t and t � U 4$oer . e. q, n1tod t do6s h b'** Milk* tonstitut6-"andaPgblht Bradley Hurt of tht�g City Bryan, State of TX hilt tdotigh--fteciutei --ackhbWledgd:bftd ciefiver-for and on iisbehalf as iuretyand:as its act and deeci,.11_ of the fib 11 .owing. classes of lndernbity-; bid -de -sired given bycontra,-;or--m-a"y''-b-e.gII- -n- in:aq ac 6 zb�rziproceeding j . n any eWft-df_ja,#,r equity;1§c ._Wh6tb im, 6mriff .Y Iffely. full power and -.-.-or:c an -or exts&�?ftznd vfithl to n-d airy bbtldzbt-ddcbMe6t-"tixCiOUtddfoe this Company. 'Tammy. riop :State;4ff Te"kas. W) -On lh6. -i1!-P;:daq of (tVfiEMiVITYoNIPtVVX Eae E T-allbert,-,Presld Ingurors'lhdoMnit , Go following resolitfia�is,oi M1504--o4oPt WsPOWO.D- to ft fro - Et RES0LVEDAitAffbrh6�s`1n-` Faiia d ve' e-P0'Ner-4kh_ 'of Attorney Ns"sui~d.to..fhern;• to eb d I td.bhd d and omp g!yd qr*Aak, -W,.q '04 by such Afig AY-s-f�fnJFactsf-161i M bil, .,pny P-qMP .1§,.If by i3b Ex6duffiii&_C96,6r-jRd� iW:.tb bv--th&.- - bfetajv.-' 4c I 0*11fot- f6ficle.e—nd *Vf - ....April. NY (?n IWL k NOTE 1F.YiOLJ'1,4AVE,.Af4.Y-O.U*ES.TI NJ ON REGARUNG T E- OR- '5_RD1N1"G'_-G_F'7'H'1*8-P0 VEkbF�A'Y-F0'ff-N-E'Y-_-, - . V T. PkEOE-4-ALL 8G()-RsaY444.0f�-wRlT9 ''T P(_.ERA '13014I)DEPTLM-ff4iOkORSINDEMmrN-c-om- 2981 VOL5 Pg - ------- — B:Q`Sbx32577 piion�_ 877 $7fi38t10 _ zaS 75703��?iiQ IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll -free telephone number for information or to make a complaint at: 1-877-816-2800 You may also write to Insurors Indemnity Company at: P.O. Box 32577 Waco, TX 76703-4200 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: Consumer Protection (I I I-lA) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtectionatdi texas agov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Insurors Indemnity Company's para information o para someter una queja al 1-877-816-2800 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 32577 Waco, TX 76703-4200 O 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Depariamento de Seguros de Texas: Consumer Protection (III-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: htti)://-,vww.tdi.texas.gov `E-mail: ConsumerProtectionna tdi texas ov DISPUTAS SOBRE PRIMAS O RECLAAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. i nsurorsindernnity.cozn 5 29 Vol. Pg. BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT Purchasing NUMBER: DATE OF COURT MEETING: 4/18/2023 ITEM: Approval of the following committee for RFP #CIP 23-583 Construction Consultant for Medical Examiner Office. • a. Trevor Lansdown • b. William (Bill) Hadley • c. Matt Mayo • d. Purchasing (Non -Voting) • e. Legal (Non -Voting) TO: Commissioners Court FROM: Kaitlyn Bathes DATE: 04/05/2023 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type No Attachments Available Ian Duane Peters Date County Judge Vol395 Pg.300 id— Im DEPARTMENT: Road and Bridge BRAZOS COUNTY BRYAN, TEXAS NUMBER: CC 2023 - Utility Permit - Wellborn SUD - Forrest Lane - Install 70' bore for a 1 "waterline. DATE OF COURT MEETING: 4/18/2023 ITEM: Consider and take action on the Wellborn SUD utility permit to construct a 70' road bore for a 1" service line under Forrest Lane 100' northeast of Robin Drive. Site is located In Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 04/06/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Utility Permit -Wellborn SUD - Utility Permit - Wellborn SUD - Forrest Lane - Install 70' Forrest Lane - bore for a 1" water line. Install 70 bore for a 1 water line..pdf Type Backup Material AP ®VED L(b 23 Duane Peters Date County Judge Vol. Pg. :---- TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS y Pursuant to the Texas Uiility Code, Section ':i 81.4?4, comes now - •Wellborn SUD r [carnpariy rra» eJ;'hereinafter,referred to'as'"Company" a' Texas' [state] Corporation, with authority to . transact business'in 'T'exas, acting by and through its duly authorized 'representative, and hereby petitions the County Engineer for the right to. lay, construct, maintain, repair and/or operate_a.water line under,. over, across and/or along certain County Roads as shown on drawings,and diagrams attached hereto and said location described as follows: ' Facility to Cross Road (toad Name & Block Number Lcngth of Crossin TYPE OF CONSTRUCTION CHECK ONE) ' Bored Jacked Driven Cased . Forrest Lane 70' X X Facility to.Parallel County Road Within Right-O&Way Road Name and Block Number:. From To Dc • th 'Distance CONSTRUCTION TYPE 1" bia'dicter 0.10" Wall Thickness 2" Encasement Pipe Material Spccirication PVC Maximum aperalio4 Pressure . - 200 PSI ' The location, aaid .description of •the proposed installation and appurtenances must :be.' fully ,shown on the attached detailed drativings:. _ The Company shall commence actual-constructionhvork in good faith within 60 days froth the date of said permit.and shall cotriplete.said construction /work within 15• working days'. {COMPANY MUST FILL IN " 'If.such construction is not -begun by the 6411' day,'Company"rvill be required to apply for anew permit. :. Company declares'that prior to filing this "application; •it bas.ascertained the location.of all.existing utilities, both aerial and.'underground, 'and the •filing .of this•:applidation is prima facie -evidence "that the proposed. installation will 'not - conflict with aiiy g tyexistin uthi ' , A copy of this perrtlit shall.be kept at the job site atiy time work is being performed. 'It is expressly stipulated -that; this Permit is :a license for permissive use only and that the placing:of.'facilities upon ' • public property. pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed. that the rights and privileges herein set out are granted only to.the extent of the County's right, titic and interest in the I ' d4 * be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend,and save harmless Brazos.County from.andagainst any, and, all loss; dairiages, cost. -or expense arising yin any manner on account cifilte exercise or attempted exercise by. said holder"of�the4foresaid and privileges.,:.-' 396 9. i. ..._. v ... v.. ..v +gym 4.M' . k.r .. 9.. :......... N..k 7.. M .. ..... .. . .... 7.7 i -7 7-- 7 T 74-F -1 r rt 7-7.7 Lr 777--L-f-.-:-4' -T,7. �APopal .sj6611abi d021dU100MJ13 Slam om pow H.Ajun IFA I ditailv .. .... .... . 21VU leap .1pojj6 s i isis 4uno .'s0Aq.- PGACUdd 9, aq"jsw svo"ijum 0'!# os4q) py . t. . .... . ... .. IINEOF CO .... . ...... . . ....... .. . . . . . ...... ... .... . .. .... .. ... . ... ;At .. ..... . .............. . R.,O .... HA F IN, ..,;•SHOW�GKT .. ROAD FoA vr. . ......... 4r qq . . ... ..... ik 77- ...... ......... ..... ..... .. ...... .. ..... . ... .. . . . .. ..... ... ......... . . . . . . . . . . . .. . ... . . . . . . . . . .. ............. ..... . . . . . . . . . . . . . . . . . . . . . . . . . RV ........ . . . . .......... ...... . . . ..... ...... ...... ... . ....... ...... . .. .. ......... .... ... . . . ... .. . ..... ... .. ...... ............... ...... ': .. .......... - . . ... . .. .... . ..... :x., .: . .. .... ...... SIR . .......... . S It ------------------- Af. .. ........... . .... ... ....... ... ................... . .. .. ... ...... . ......... . .... ..... . . . ......... ........ . ..... .. ... ... ....... . .... .... .. .... xw . .... . .... ......... .. . .... .... . ... . ... . .... . ........ . . . . .. . ...... ......... .... ...... b. If construction is within ten (10) Teet of the''roadway; or' c.�:- Any work p6rformed in the .road right ofway 2... Plan"ffit9t hd,attachcd:tothe jperm ftAnd kept the job '.I te any time wdrk -is'66ing perfoin' ed 3. Plan must vet forth the time of Oftipjetionf& the job. ... .... .. .. S6izdaids L. All overhead instadlations'shall 'o' form to clearance staddArd9 bf-the'Texas Depaitmeht'Qf.Transportation ye�l con . Fm ara and the placed in the designated area for power specified 6s*get forth ,in the Tkyas U.Wififies Co4k, .p e at Sedfibi? M. 045. bdck i& of the Rig t of Wi� to ensure ing ig, 2 All 61 iista litiol''(includ' ht po e.Jn . I n shall bO placed at the. s safety 'tb 'the'publid. Anypole plac6d'inviolation.6f this 'requirement will be required tq.bemoved to ih6:. "be a proved by.the County -Engineer.. appropriate location at the com'OW'i cipcns6:-: Exceptions may" X P 3,, All underground installations shail-(the'se are Minimum depths"'.-:_ utility may place'deeper):,- a.- b "depth of fortv4i _belowthdtop of the pavement- e placed at 4 minimumforty-eight P.: bieat:leist thirty-six (36) inches..bel6w ditch flow line when installation is within the area -measured from top� of 6iifik to. top.of bank; C. at least fO4-,eighi.(48), inches below d*itch'flow line if.lo* pressure' gas or petroleum1ifie's. For . .. .... . .. .... .. .. jig pressure as and petroldiiiii lines,ke. High Pressui6'P linei.re- uiremientslistidbelow ' be closer ten'(1'0),f�& froffi:tfie'id" f ge o. pavembdt.::Sxdd idns7 aya' ly.infl'it§ p! po . . . gl o 4. Water Lines: All water lines rri-osibe'a'minimum '36-inches'bdl'o'w: the ditch flow line and cased. Watbilinbs"'shall be cased if crossing under the roadway. S. Utilitiesjn'all new develo* pmenti that have 60 feet or greater -of right of way shall be installed'within degighited locations based upqhthe ,type of utility,'The lociaii6in"s.sihaill be asf6llow's: (measured from ..bacf ri hi ko -o W* . ..... ... . ....... .. .... 0 to.2.fe6t, n6nMndllY1:! 0'n'*'e = 2*to4feet, nominal ly':J, ' omiinall :5- X., .Gas - - 4 to Ueet, n Cable'-! 6 to 8 feet, nominally 7" 6. Utiliti6i With less than 60 feet 'righ '-w shall 'instdil the utility in a" similar' ay ev opmen .of " in all new developments maniki.iis referenced in -No. 3• above :however,. the County Engin6er or its designated repr6s6ntative will • provide final approval of each utility -location: - .7. .The j6qj#h of an .'trench to bi*bDiiid:ihAdvance of the conduit or ducts ma not be -longer thin'40W f 1W.0 , over night or unkt6dd . ........ ..... 8, Crossings under a:qoqoty road shall;:;: 'bbrp 0a.: b� " 'd.jacked: ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be' pressure grouted for the full length of the crossing1f.the-anhular space between'pipe and casing and soil exceeds one (1) inch."Braos County.'must be,,-,iv6n 24-hours notice of pressure'gr ti" ou ng doeratiotis And have-di6 oppoft..� ity.to have inspector" ft6*to'-6bserVe pressure grq4tjp' ..0 on s9 operations; . .... ..... shall notify County Engineer within24- hours of beginning construction/repairs. This will•allow the - County Engineer's Offce an opportunity to inspect the site to ensure the integrity"of the County Right of WAy'and traffic "safety controls used..... F - Renilirs to existine facilities 1. Maintenance and/or repairto:existing cables; eonduits, and/or pale -lines which require disturbance of the 50il; Shall not be performed until plans describing such maintenance and/or tepair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. RelocWiouotufilities 1: When -and if the County Engineer deterrriines that•.it is necessary"for the construction, repair, improvement,. . ' alteration or relocation of all o� "an onion of said road an or ah oles, wires pipes cables.or other :.. '... ...:...- .. .. ... :P. - -- - P- � Y DPP _. P facilities and a purfenances authorized -hereunder, shall be removed from said road, of reset or relocated.*= :..... _ thereon; as required bythe Coun Engine' within a reasonable time as determined by. the County" t3'... Engineer and Utility Company and at the expense of the "i)tility Company: . :.d High Pressure Pipelines 1... " All utility Permits for high pressure:pipelines (gonerally.60 PSI -or greater) :whether pertaining to " controlled access or non -co ntro..11ed.access installations, should contain the foIloiving additional ` information. in'the description of the peiinit.. =diameter .-wall thickness -material specification ii inimum yield strength -maximum operation pressure of the pipeline 2. With the exceptiop. of the maximum operation pressure of the -pipeline, this information is to -.be supplied .. " _. for both the carrier.pipe. and the casing: 3.: Assii6fied must also. betiven'thattheinstallation'matedal an' d design meet.the.m'tnitriurri=l=ederal Safety; Standards for Li uid acid Gas'Pi a Lines.`"Assurance must be rovided on:dom an letterhead -and s� red q .. P .. .. P P Y t; byan:authonzed representative dfthe company. 4. Petroleum Pipelines:: - ". • ..- -• _:Depth . •,:. - _- • Tdue of Pipeline (below deepest ditch rg ade) Special ftdkr nients " .. Encased.Pipi5 Less than IT: Must be covered with. concrete pad: A feast 36".deep -Encased Pi pe Greater than .10'._ .:. : No -concrete pad re, aired Nan Eased Pipe . ,. . Less than,] 0' :::. ' :.::.:::' = .. Must be. covered .ivitli:coner te. pad at least 48'' dee :::. Non-1 ,ased-Pipe Greater than:10' �.:. No concrete. Pad required P _ ' Concrete pad shall be minimum of 3" thick and width shall be pi a diameter plus 18"minimum. - . 5. Under no circumstances will a pipelirie•be installed parallel to a County Road within the Right -of_ . - Way..:Transmission lines have be6 i:determined to be petroleum pipelines (which includes natural gas: links) Mites) and shall not be parallel.to a County Road. . .... 6. Natural Gas Distr&tion is a line:. 'serve's the final customer.:: EV6'1._.:.3:9 - I-K _1 I , GOAD' 8 -b. K .\ : END Aff-ilAo..6 , AHEAD' . ROADWORK %4" -fi ROAD 4t— mt. vA • .. VAHE N T A: 12-111 sixt, us ;Pev jp e. tic.. eml wftis M yy nea if repof iiw" Is a "Woritiv: '1� of ID' I'lA all Un pwal'trawled .or.—: _a mles 4 k SF_ t5ge M A. 'A A ROAD IND ROAD. AAR M 0 WORK AHCAV is" ms. 21,6 =END 44t X 4 C11Am_ 20-10 •_ flOAD do- I tr mt. is 40, 1. Z-A Jlk or. eenlule LEGEND CrAMM1111eq Orvlua 1,FjM w A, r—TV fluil Frill For fitinted flcsr1jnq At,— D4Wd Par= Flat I:r fecip rlov rl;!P� Fit` in. .12 124 Zbb 295* Mal 401.1• 1113- 2.0. "1155 AS 41,G' _496- 1�40', go. 3701. 75- 7S— _60_ k.2S oV too, ADO' F4—W SSFF. 605. 660, 1, 5 6OW L 660 120- . . . . &SO, Its. fool flo• Oda, --Fir I I . 02S 4M 7*�o hole IF -M ciliv-0aiat. goods only xn feo;;r ic,41ni,pu6s oc� ICICE3� Q?.:foFic g FIR;&.a;ctz% or, aff".14PT/ t ro f ITPICAL USAGE wait, - We L =M= GENEAAL*.H01cs Fit Ail M.,weit .1-i wtv. ercef :Mesa J. Social; olow'ko atnittes of so Ifte if= ulow. 1,rw fiagniq. 0011cf.p7w Filroo. jl%nou a qed" Tinkle 1 .3mo TuA vuslooll. IF Itlaw—ra".� 1, offectim tin -------- wic,—l-a - adlut of 1= vr,mk Wit 00,41 5 7 Fin ptri'trv, trr a 1.1t r= "i'Micill fa flail SnoN. Z" =1 'unc o -trisse Lrol"o "lice, n"l 1. ft.AP=_ F`lYlk in "Wit =nxf. �Icln w otw L ....... ... . . ..... yalli Dwarlat WORK -SPACE NEAR SHOULDER.'. Convenfional., Roads WORK -SPACE NEAR SHOULDER.'. Convenfional., Roads :;�,CP'42-1 b WORK SPACE ON SHOULDER Conventional Roods TCPj2-1cj' IVORK'VEHICLES'-ON SHOULDER Conven ;.ona I Roads -SHOULOER, WORK. 'TCP (2— 1 )—fe- I. L DEPARTMENT: Road and Bridge BRAZOS COUNTY BRYAN, TEXAS NUMBER: L CC 2023 -Utility Permit - MidSouth Electric Cooperative - White Switch Road - 640 of aerial line an DATE OF COURT MEETING: 4/18/2023 ITEM: Consider and take action on the MidSouth Electric Cooperative utility permit to install an aerial electric line 640 feet within 2' of the right of way along White Switch Road. In addition, there will be 5 aerial crossings each maintaining a minimum clearance of 23' above the pavement. Site is located in Precinct 1. TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: SOURCE OF FUNDS: ATTACHMENTS: File Name Utility aermit - MidSouth Electric Cooperative - White Switch Road - 640 of aerial line and 5 crossings.pdf Commissioners Court Darrell Kolwes 04/10/2023 False False $0.00 Descrip. -i Utility Permit - MidSouth Electric Cooperative - White Switch Backup Material Road - 640' of aerial line and 5 crossings g�a3 Duane Peters Date County Judge vol, 396 Pg. E 4, vM, M41 APAICATIONfOR ELECTRICAL UTILITYPERMIT-- _z w -'COUNTY-RIGHT QFVAY,' DESIGNATING � ... .... ... . . . ....... . .. THE -COUNTY ENGINEER OF.BRAZOSCOUNTY; 'TEXAS: .�-:L'::'...'*.:. . . .... ..... ... .. ..... . -t6 the.Texas'Utilit�:Code;-Section.'l"8.UW,- cornes h Eh!iiidc C66pLqtitf�i:':� P&�uantno.w: cone a t 0 or d.LtjtrjSjadt:-bdsh�' s in - "T -_-�:lc pbration..'w4ldi i6ff6iitv:t .. . .. ...... 6ough.1ti'duly" authorized':repr:qs`ez representative, aj�id:-he b �.:-Engiheer. or .,: e - - . 'T -hereby jh6-.Co�fit approval piqval 0th6_loca 1on to ay....-c'q* :p'strq'ct,:T'gn..:E:a,......-.r..e..p.a......i.r.....a....n..: d/.o. i.6miiie'lin s':nderj over, across mss an T:: f'aI dna: e.ain. ....... . C6tiftty Rpidp-as drawings and'dansattached. hereto and saidlocation. &§dribedI§ follows:. ...... . . .. .. ... .. ..... .. .. -:::Road Name -&:Block::L en TYPE -OF; CONSTRUC VIO. N . Number Crossm (CHECK ONE . .... . . .......... . .. .... CakdAerial 0 Jacked �_ ....White SMt;h:RbAd:., 2O�4 % 851 X 781:iEdId 951. .. . ......... . ... .. L E-7 .. ..... -TacifiN16 Parallel CodhjNAbad Within Right.;O&W6. . ... .. .. .... .. . .. . Road 'Name -and Block ...... . .. .. T_ 0 . . .... Dls� . . . . . . . . . . . . - . . . . . . . White Switch -,--Old Highivaj 6 -6 .0':south:-- 4 :::::640 feet 07 4. 4, agrees to comply with all rules of the County -and- the Count is dtion o Applicant agi, y��&eeriq'bp..tr.u. f: 94d install , itki attached &reto as BRAZOS,COUNTY.SAFETY AND ROAD PRESERVATION ' STANDARDS' inc 6�d herein FOR WORK CONDUCTEDIN BRAXOS. COUNTY RIGHTS OF WAY and orp.... n fbi.i4eren6e. h In she i0eni CohiPanYfq1hAo obtain a permit prior to. the. instaftdon br does ijol ftiskil uliftfies hi bb ipliance with - respih�lbififyjbr,. insta#a6k i44viremeniv set forth heM.W(& e. depth, lo;aoi� Company assungi rllfiudnclil damages lines, cables,, based upon requirements. am and/or destruction of failure 1W wf1h..9ij;6 County ;This PerWt:,184.iivoC&bj jeknrk Br.dvi'County reservesny, tho .1he'i1ght0::0o*e144PerM li a ia q,: in the e sole: r �afefvi�ir, welfare, 0 ripair: discril on Brazos" 6in�0:` or:l* 16 a�yBarrages ' d#hj�4 or or any b�hii reason devi�ed sqjflFieni p� Brazos C�ix ispon ty? In anj?fqifs ib comply �q�h a f forte herein, the Coiwn the e�i�i` 'a !0 or all o..Oe requirements set 0 may liki jj�Mj�nctiWie#qf. The Ckofy:�Wgl�eer It ileemi appropriate -to %,compel compliance, includij S�eh �clb ilghi to 4-e this Aij�ft.by verbal Ao don'to-t volicantlCompany. County Engineer's' Of within 24 hours of beginning construction -Failure 1�,AiWn this permit and/or n�f& �h Engin ins shall constfiuiejio.undsfi'rjob ihnideww -beWW�. and that the C' By signi.ng bilomi, I 6ertif below;: .y.,thaflam auth6&dd to repreknfthe CompaO. listed otppany agrees ii.s./.Or.ovis�iohs:'iiib.l.uded in this giermit. ;to the conditions/provisions Midsduih Electric Cooperative (Mid&th) CompanyName leramy.-Pampell' -BY: ... ... . .. ... 4 Signature Vice President (McCord Engineering, inc.) Title 7625 HWY 6 Navasota C. State'2. :1p - TX .778•68 iV7 9)764� 35 6 Phone Nuihber.' Wain ll@mccord6j.dbrh', Email: - APPROVAL 03 COUfit5F':d .0 of Why".-sh -b offers no to the; l6cid6 f the utility in Abe Co right own:�:, accompapy", drawings and notice dated" '.0xcevt1fs noted bel&*: M (MOO&OWY6ii) 1EXCEPTIONS- a a � razo aunty LEM r n MP reldhis ih rarOWI ty r..0 v6t Pg' ................. -_.�.,.. •s". a: * 1p"4x v ,4, '� 's: v. -. x : a'. 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'"�.;� ;:.q-:- : ... :. ... -..:.+ .i..._ii• i:.: - - `..:. 1-:�.:. ` _• :,... .. ..7f al Rog!"En*.*e+4y � MIDSOUTFJ, ELECTRIC. COOP,E12AT1 EI- C7B9O-L':: .I..' : � .: :.. � . - ...:- - - • - , . _. '.: iii•: EP ' ,: � .: - =:. . ��b�®ift1�.:::@fO SatiOircitPAtlwoy E&v . .._ ..• - : .. WHITESWITCFI RQAD.::. .. .... .'.:. ':":. .... .. .. . . I.:- . ' .': .... i . .:. � r, �,E&ISQ �C . ' cos .smmn,sxn a. u MIT(P116ToP117) ' : 'y" ARtES': 2m s CMS--1 .. .. _ ..: - .. •:• ....:: .: < c> .. ,�:. -.. -:,: ;...:.::. 1878176s_EISa .. :.,.; ' - ` :. .. — WOOSU553.: Feu ,°, uw • -45 _ . .:....... -1 ,.. . ,.-•�::' � >..::s. ..,..� - :,...:.r<.:. . vs;soaczs — „, .. r ��-'-.� �s%i -?,p�, 7' R."a i-- `�,.-. °��'� 'h'�, '`,�,.:,. it,; `' + ,�'''`�'' : ? '' :,-"'', ::'. ram- u. _':..aue.; e..., ... --;:?a,., ... ., 5 &:a>r«." .- `- . ..� �,P . - ...- .. 7 rw �"� �-7�iJY..�y & j: G T'. � AS w Y ✓ � R � " 4 A" 'i? *�"'"iWi � s 4 a i ,' t''+� � x F i+n`w �.;„.w '', S 4 y � " •„� MEIr 6690 XT x{ 7 { ^ �"� -a ,. � ( r j ,tt, h ' w .. •,, «.�..».-.+f « `�..w a ' r+ T .. rr l rd, � s. r JgO 2 *, u, P a A � x1vr lqq r 70� i44M dk q t XX PA 54 0 '1v°- ( i J affib 01 t ":�g.�.:'a 'jsFy r,6 �s1w s"':«s,Y3 e, FY s `��"ny'�'.'�w,t•�d -"u'^ �r «s. ',.1 M, �:..,.n•..-�' ..;...�.... ,,,. �^n,"d' �;w{�_..�.....- :� F,:-. ..5,ua Z Mot BRAZOS COUNTY ROADWAY SAFETY AND ROAD .. .... PR EStRVATION STANDARDS; FAR WORK, CONDUCTED IN DRAZO.S.,;COUNTY.1<2IGhITS OF MAY A. General Reaulre»retrts = 1.. Adequate drainage shall be maintained in.ditches; Stall times::..:: .. •2. • . Permit .• .. • . .. tee will use best management practices ("BMP") (EPA,:and TCEQ both provide list5'of examples of BMPs) to minimize erosion and sedimentation. resulting from":the proposed installation. ' .3. The permittee shail:take precautons'to avoid damage to property.:All Count Right oFWay: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 tlie.tigtit'of.way. ;In the event damages occur, •:.' ;, peimitiee will be liable to the County.or other ptilities running t}irough the right of way. : 6.. County .Engineer shall determine:whether or not permittee's plans shall inconvenience the public. -if it is :. determined that inc'oiivenience'tq.thepnblic exists.', then the County..Engine'er.will decide whether such ; :. project will be allowed,'or if an alternative exists:so As riot to'ifi6nvenience the.public. :B. Safety Reimirenlerrts 1. Proper traffic control measures must be.put in place prior to beginning Work:and, remain in place during . ;.: the.duration of the job•. All tra'Mc;control measuces must.follow; the;Texas Manual of Unifonat Traffic :.. 'Control. Devices (TMtJTCD).' Seffi e.Trac'Control'Requirements below. 2. During constructiori,.all Safety regulations of the; Texas Departirient of Transportation shall, be' observed: • , ::': :3: •Penriittee must take'such precautigits.'and measures, including`placing and:displaying safet....dices, ... maybe ;riecessa'ry, -in order to safely conduct the public through the project area:' Company''shill provide: . 'flagmen, signs, signals or devices"necessary to provide complete safety to•the public. 4. Ade irate rovisions, must be made,to:cause minimum inconveniehces to triffic. and adjacent°propeity, , _•; ..:.; q P :.::: ... owners::' •: -:5. No aalilc, conduit and/or pole line shall be laid; constructed; •maintained and/or repaired "sois:to constitute " a danger or hazard of any kind to persons or vehicles 'using such road. Any poles placed in the Right of, • • Way;for'future installation shall •be:Mae' datte.backoftheRight0Wy.: Exceptions:may.be pprovd°e. Eiigirieer. 3'rafrc Confrol Planr 1.': A traffc'control plan, •piirsuaht to; the•TMUTCD or Engineered Traffic Control Plan must be provided :. for:the:following:.<:.'::_:. ':'. ':.. .. a.•.°•Aci Y c..onstruction (i..e.. it,-ekb ation,-hole) l.eft. o. en overrii h,cific ni htinieaffre wires ic .--control measures pursuant to the TMUTCD;pg •:_ ... _.__._. ...:..:..:;_...�, .,:. .,...�_c..::...-,_:.�..._.y. r,r..'. m.,,wn.R.Fa:...-.....:. ...a., .v:.,:m..t:-r - ;; ...>.,�b ,- .. � .. a.A:.• .glSl•.Y'i.«:.:.... ......._�.... -_..� «.,2,-• M1.1-.'.... ,:, d +:.rsxx*a• a -xsf ^`°.%.••j" ,-••i'. •p sp.'t.",r ,r`"' c{ r- fiYi �.. - T ='� C`ia it"•a .#` "'cii`. '! .•n ,�v-i 44rt ,-: 'Cnf ""^'gr�x,�`r R'.y+ n j::.Y, rr ::}Fx .e ,,, .Fw _.... stniction,as within ter►.:(.10).feet of the.roadway; 4- 'or :. c `An work erforined in the _road ri A t of wo : . :.. ' 2. ':Plan'must be attached to the permit and kept: af :the job site any_ time-tvork.is being performed. ' I :Plansriust set forth, time of cample'tion for the;job. ' ,•. ..: :, D. Desi to Srariilards • ... .. - • - - I. All overhead.iristahations.hall conform to.clearan_ a standards..of the. Texas Departrrierit o"fTransportation and the ole be- laced• in the.de'si Hated area for; ower s ecified, as set forth irithe'TeYps Utrlities Code, = 2: All pole. installatio' n.(includiiig: lighting) shall be_placed at the;.bachside'of the Right of Way _to ensure;: ` safetyto the public. Ariy pole placed in violation of this reduirementwill, be tequir`ed to be moved to the :. appropriate location at the company's expense., .Exceptions iiiay be appraved.by'the Couhty.!Engineer'. ;,3.- :-All:drider round installations shall these are minimum_de tl s:-utili ma lace dee 'ei " .laced at.a'mmiiniiin`de: i i of fo ei ht• 48 inches below the top of the pavement; b. ' :heat Ieast tEii' ; six (36) inches below difcfi flow line when installation_ is within the,atea measured . ' r£Y= . . froin•top of batik to top of.&' k; c:.:: be at least foity.e he(48) inches below ditch:fiow line if;iow:pressure.gas.or_'petrbleum.lines: For , :. high:pressure:gas and petroleum lines, see.High Pressure Aipeliries reyuirements•lrsted, belotiv; . :. _ :. : d riot be:clg5er than ten (10)•feeffrom the edge of pavement; Exceptions may _apply m rights of way:of less an 60 fief: : - 4. - Water Lines:., All -=water lines trust be a minimum 36-inches,below the ditch flow line and cased.:' Waterline:s. shall ,becased -if crbssm • =under the roi0vay. S. Utilities in ail new tlevetopments Ghat: have,b0 feet or greater of righraf way shall be installed within designated locations based upon.theayp e ofutility:.-The'loci tioris shall be as. gollows: (measured from - ..... :, „•,back of right 'of. way , Power:-,:O to•2fee n'ominalI ' ;1'' Hone:= 2:to:4 feet 'nom tia 1 w; Gas — 4to 6 fee noininell = 8 :feet; nominall ...7' ::: ' . ::::::': ' •::... {. U6lities:wth.le05:thait:60 feet right=of-way iti:ail new developments shall instal! the'ufility:n.a sirriilfu::_;_:='::' - = manner as referenced in No 3 above; however :the Count Eii ineer:or its desi iiated,re resentative will • vide final ap roval_ofeach utility location:.:::. P • Pro:.::-... :.. PP �:..- .. '.7. The.length'of any trenchao be opened in. advance:of the'p pe; conduit or ducts may; not be'longer than 400':: ;. . if left open over.n ght or unattended, : ' ::.:. ,8.• ssings:under• a: coupty road slialL':r r. :.. . a. be" -bored or jacked: ABSOLUTELY N.O.OPEN CUTS,W1Tl41KCOUI�I'IY: ROAD PAVEMENT;';:,,, :•:; ..' =` -b....'&` pressure_grouted.for-the fiill len th of tliecrassin i the; annular s 'ace between i e'aiid'casin :and_ .. . _ :aai1 exceed9'one (t} iilch:.:Brazos'County iriust be gNen ?4;ho6rs notice of pressure grouting ....:. ,..:.,, .-.. '....:,.. .... ..... .......... - ogerat�ons andaiave the opportunity to.have`an:inspectar on:site_to-obs6ftbressure grouting - :. ..• - operations, 77 ....... f. .. ;eC:x...., s .. A '^. •- cry ': - _ tcaQUA n..tw.•.!cr!41'I..sue ,�-,... .na. --F• r - a t. .r v "'�. x^.a?"7i�q�, <^ - i -- .; ... k e i"'i. - �.: n Y. x t i s` . f , .w lryh`R�.se' n ,f.,• t r .� _ `z y. tF' a.:r v -• �+ -fw.0 3 h.: ' jJ i ' tst•• ,+i,� .. f. I'll .. - - - - , e .. � •.'.,'" ' - — .. t -. . -: . . - ... .. - : :. .:. .. .. .. .. .. ... ... ... - .. .. _: ..- .... .. .. . .. .- . .. . • .i, .. ... .. .... .... .. .: .. :, .. . .. .... .. .. . .. .. :. ` ` - c. ::TxD4T Standard-S ecification itei 476 shall be followed`for all borin a .kiricv; tunnehn ' 'arid joints:,: : - ..: -.. , . . ..-. .. :..::, - . .. . 9, :"t3ore' Pits . :. :::a: 'no. its'shall remain o n longer=than`2 days;: :.':.' -. . P .•.. • .. ,..,.. Pe .. .� . .'.. . . .' . .. .... ... . . :: .. ., .. .- . - ......... . :•. b. ".all pits shall haye'proper traffic:controlmeasures:m.place Sod --Traffic:Control Plan fisted. above::: ' -- ::::...... : :::. :- . ' . = ' ' ffiishall N�T•be located within teri:(I O feet from the ed a of .. ........ I i60t. rior a roval from ::.:.::'.:.::' ..:::::: :, c. .. };.. .... .gq' .::.P._'•e -.:.tY P ... Pp .. ...:...:: .. .- ::`thd-Coun En"lneer;ochis;re .... " ative• '.. - . ...... - .. .. .:.. ::::: ,: `d. ' ft " its are:to'reMpn.operi° fgrmore than`.$ hours; due. diligence will be:used in profectin tha.spo l - , ... .. ,.. P :. psIe'to"prevent drainage:prolilI ...I =::'_:.'_:. •:::::: :. :;..: --:--...... .. ... _ . : ::.: e:: based uponsoil conditions; ttie:Coun I;n •iiieer or ifs`;epresentative:may require shoring:to protect::° h':..$ .. vement inte i . - .:' -:. • - - :,:. . _ :- - .....:: . .......:......... ..... £ . ' : baased upon, soil condrttons " ttie Covet En meer or his re reseniatty ' - :,...:...'- ..'.....t' '-.: -..�.. P : " . i-"e;ma re uire ...its"be Laced ... furtherTom the ed e ' f road: : :' ;:....: < ""°::: ' ' :" ' ::_. "— ::: ::- = . :::..:.. ...... ...... 10.:.Arty :installation tv�thin ten { 10): feet:af ed a of. `avemeiit shall meet the fol sown . :. a...:: ' P.. . �'.: - ::::.:. a.. (oration must be:approvedby the Cau.. y Oguieer.or;his reptb5entative:.. . `.' . ::'..:li:-::backi=a withceiner►t:stabilized'material > ..'1. • ' -- - - c: :based upon sciil..conditions;;:tlie .County Engineer or -his 'representative: may rgqure'shoring to :.. protect -pavement jntegrtty.: ; :::.- '., ;:1: ,- _... ::_: " . ...... . t;: r..:.; - .:. • d.._' ;alI- excess watei: anti :mttd shall ife:rerrsoved from the trencii"grior.to backf.lIing.' Any_.backf Il placed,;;;: • „' -durin a rain ' eriod or at other 6m-' c where excess water:carinot be prevented from en'tering:the , ::, ..,: ,:1 :: ::,.:. ' Y:A >::..:::: ° : drench wilI.be considered, TEiV1PORARY,and shall be replaced with PERMANENT...... titat Nltzed.. ...:. " .. ... . ,•.. •::••:.:.material as;saoii as:weuther permits, ::... ' :.'::' :: _ - :' ,:: 'e : ':.all,disttirbed .base and • avement materials shall.be removed and restore jo"the satisfacfiori of.the''` : ': '° :::::.:'",: :Court ' :En inee"r.'or his re resentatives,.:::::::: _. ::::. . :: -:: :.:.. : "' . --- -- .::.: . .< _-"_.':::....: -' f:_'.:nasideor9ateral.tampmgto.fifl.' idsuriderahebasearid`pavemeiitmaBerials'isallawed::':'=:::_ ;:::: : - ::-_ :::::' : .:. - ::....' . -.: ' :::..::::. ;.::::.. : .. '. , .... . .: ;;. • :: L 1, ,ompany mast be'careful.to notjeopardize,tW ships ' rote-' " af.the shod de' of the road:; In_"the.event; >:..,*' Comipany.damages file siope, shtiylder or any.other portion of tfie right -of --way, Company wtl9 be .. ... , " " `: , respoustble for repairing the damage and replacing the rigttt;of_svay to the:condition it was.prior to :. :: :. ...:. commencing cons v . n. • ..- .-... ,.... : '::::.'.:..:.:.... .. .:.... . •' :.-- 12:. , peratioii-ofgifitt,; .'" . n . , .maintenance eijuiprr a on the traveled surface ofany improved'Cou ry_` 1:....., .. :: >: roadi�tll not be permitted,:except,tn, an instance whereby tfieaaymg,_ constructEon mainteiiar�ce: aril/or - repairyof cables, conduits andfor pole lines cannot be accomplished by any other method acid to thts:event .... all such equiprrientshall be of tiie •robber tine vane A ro rtatearaf#ic control shall be: rovided ` , , ..,.,,. -" " -meatier TMUTCD:re �-uirementsc . .... ,. .... . ... .......... . . ... .. ._ .. . ... .. ...... -.. . _.... .. ..... .. ......... - --' _ _ . _ . ......:..,....... .... ........ _... _ _ I3. "In ahe:e lent said construction:aiid/or, iiiAititenarice:and/or r ` air re' wires Com " " " .to.remoV '' ...... . .. . .:. , . - eP :: 9. ..:.:::.:. PAY.- o jeopardiie any sectiat3_ of the i!o4d (asphalt,. ' merit, road. base;_ etc.); Company.vrili-be required to: provide : ; : ;::..' .'. : .. .-. r - a , rformance bond br:IeEter of credit securing necessary repairs Said boria•amotint"wilt bg' deterrtiined.t y_.. . -. the Coun .. Engineer ..:.: ... . .. h': >:. •:.... ......... . . . .:....:..:.....:::.:. .• ::.• .:.:.... .. . ,.",'':'-i:c'.E::°:.:.' :::.:. v::i.3' •r.:., .. _ .. - . .. .. ........ .. .. . .. :. ;:;.:. • •. . 44:.The:applicant shallsnbmtt a letter' P No Obje iioii":from the.Army'Corps!df.Ei iiineers:for:all,. :. ,, , :::' :.. -: ... desigaated.;wetlands:'arid environirietitally sensitive.lands.. :. :': :::. . -..r.,- . Ersaereency. !VMX . •:. - .' " I. .inthe.event CompaRy,ts required to:perfot7rt:emergene}r services, that requires excavation s: i .County;; '°`::;;.':::: .• Ri t of Wa ,and unable to noti the."Couri Eri irteer " g g y p p y gh:::': : y fy :: ty :: g prioe to conductrn timer ertc re airs, Com an . ...._ .. .... . ,. ... . ........... .. ': ,:.:" --. ........... • .... I. ........... _ . - ' - ...... ,.,........ ....... ... _ ..._ ..... ... . ........... , ::..': col.. - -:Pg. 7 _ :::,r:....._. . -... -_ •H .': : - - f' - _ 3. ,� _ .. , � ...� r_�=:-:r _ «.. _�_�.,�,:.�: _a.. x...c., �':u_,,.:a::•:_. s_.. c,,:r^°., ..�.,, ........ -.=2 r.�F_ drS., ,...? t.4.,.. • r :i� �.H .- _. _.._�......-: ..-----._,... s,�-__•.:.:, A; 9PDOUjO•4UDO:.-SPDOU IOUO!4UDAUO:spoof JDUOI�UOAUO Sul-RR.. ' o 83UInOHS NO-S313IH3A MHOM 133COQOHS NO. 33US, MOM 83ainOHS8Y3N 3:)VdS MUOM, - :AOI. '(Q I Z) d% - /* 0- *08-WN011MANOO MId -10HIN03 313JV81- _'i, a I# VIA *ivu.aif -%j ass Gv3Hv J -THOU a gr M13 avow V#Z *IOU Ml.. -Ws "Col. 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I DIMIA"t M31 a A It Y1 4 -7.— 4ac V1. tia Is WON OT-. ------ R .4015 .00f, .0%, 1 M. . .006 - 'a 2 S, ass rx -6- .SIT .0011 Ott -.01 .0011 L DOI .all, .001 a 1 =—.a 51 - xi I IKV 09 S5 0, _76-1 .Dir - .009 .0" -.09 Xrl. .099 M 00 . It .5s, .095 .109 ,. ass Xva -.001, _Doli P. .9% .009 OSS mos rx, 8, - OZC Jm %b- mrs .-fit .01.1' .7, .QP.k'. .. . —OP 9 .091 .01 Or ",5f MV 947S SO. a Or Si a' .(161.., . .0ri .09 .001 S91 J,GSI wnwaq• �Mfl to0=0 I-P& atlJor we oiAj Pft "m I I I lonrls " — nmllap _.., 1.1.1u.. was OV3 Id "am VIA ;-jama"t VIA 7 1 1 . 9 avow T mltggommm� - __IIIIII -Awls : Duall avou -7. avow aso -n jatio pow MU W��m �4 ♦xA A.", bcwljAg f ach 93331 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 04/18/2023 REQUESTOR MORGAN MONK ADDRESS 111 RIDGE COVE COLLEGE STATION TX 77845 OWNER NAME MORGAN MONK PROP ID#1 115885 REFUND AMOUNT 120.81 RE UESTOR ADDRESS OWNER NAME PROP ID# 'REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT 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 MONK MORGAN 111 RIDGE COVE DR COLLEGE STATION TX 77845-5033 Collecting Taxfor: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: ROLLING RIDGE, SPACE 111RCV, SER# 1PTX8878TX, HUD# NTA0995542 Address: 111 RIDGE COVE (PVT) , _Acca_uBt # �115885 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayees reason for refund: OP -Overpayment REFUND TO: MONK MORGAN 111 RIDGE COVE DR COLLEGE STATION TX 77845-5033 Payment Date Amount Paid 10/31/2022 $174.75 Refund Amount Requested $220.81 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." sig�,a UrQ e� Phone 4 Email Address if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION The tax r nd is [ Approved ] Disapproved LH1gIa3 Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 91.11 Tax Code Vol. 3 pg.2 8 TAX RECEIPT 11/01/2022 03:12PM ** DUPLICATE ** KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: MONK MORGAN 111 RIDGE COVE DR COLLEGE STATION, TX 77845 I ��•Receipt Number _' _ �� 3167620 Date P%1j�013112022 )'ayment:Typi3Type j P Payment Code 1 Over/Refund LTotal Bald__ 4- $174.75. Property ID _ _ Goo� Legal Acres -I Owper_Name and AddPe_s_s 115885 702018-0000-0685 0.0000 ; MONK MORGAN 1111 RIDGE COVE DR COLLEGE STATION, TX 77845-5033 ROLLING RIDGE, SPACE 111 RCV, SER# 1PTXM8 a, HUD# NTA0995542 _ ; `'Situs ..�_.r _ _- M1� +` .. DBA Name_ 111 RIDGE COVE (PV) i i. Entity__Year Rath Valuo Stmt# Votd�Orl ig nal Tax Discnts -P81 Att Fees Overage Amount Pd� Z REFUND 22 ENTITY __ 20 0.00000 _Taxable 0 146323 _ N 120.81 0.00 0.00 0.00 0.00 120.81 EMG SVCS DIST #1 2022 0.02256 8,397 88996 N 1.89 0.00 0.00 0.00 0.00 1.89 BRAZOS COUNTY 2022 0.42941 8,397 88996 N 36.06 0.00 0.00 0.00 0.00 36.06 COLLEGE STATION ISD 2022 1.17810 1,357 88996 16.99 0.00 0.00 0.00 0.00 15.99 174.75 Balance Due As Of 1013112022: 420.81 ender Details _ _ DescrlPtiCC a :; . Amoanti Check REPOST 2022 MH ESCROW 174.76 174.75 Vol. 3 9 6 Pg. 29 OperaEo _ Batch • � • s __ � '•' • '"• t lemerson 43099 (Y022-- H Escrow) Page:1 Receipt issued in Accordance vAth Section 31.075 of the Texas Property Tax Cade TwAL&-ftkLw BRAZOSCOUNTY,TEXAS BUDGET AMENDMENT(S) FOR THE 2022-2023 BUDGET YEAR NO.22/23 28.01— 28.05 On this the 181h day of April 2023 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Chuck Konderla, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Wanda Watson, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 181h day of April 2023 the Court heard and approved a budget amendment(s) for the 2022-2023 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 6 September 2022, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 181' day of April 2023. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol396 pg. 3 0 E 1. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 28.01 4/18/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund Constable Precinct 3 - NRA Revenue 325.00 Grant Fund Constable Precinct 3 - NRA Departmental Support Expenditure 325.00 Constable Pct 93 - NRA Grant Recognize revenue for new FY 2023 grant for the purchase of stack -on security cabinet. ounty Jutlge'.?ApQroval Date 3 FUND DIV ACCT Change in Budget ACCOUNT NAME 30000 303001 48068000 325.00 NRA Grant 30000 303001 60500000 325.00 E ui ment & rr Enhancement Vol. 3 9 6 pg. 31 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 28.02 41I R12023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Sheriff Administration - Jail - Non Capital Repair and Maintenance Expenditure 48,920.00 General Fund Sheriff Administration - Jail - Non Capital Professional Services Expenditure 48,920.00 Sheriff Administration - Jail Reallocation of funds for architectural services for the Jail Shower Area Renovations project (CIP #23-572). County Jutl a ApproSial , g � x Date j nj a>% I�-.. c,,: �4]GS►�'aS;Ent Only�f._ �-�at�a .£ FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 28002006 65052000 (48,920.001 Carpentry and Building Repair 01000 28002006 72030000 48,920.00 Architectural Services c E :-3]09-_.____ l'9` - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 28.03 4/18/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund County Court at Law # 1 - Judicial Support Salary and Wages Expenditure 3,106.00 General Fund County Court at Law # 1 - Administration Departmental Support R2enditure 3,106.00 County Court at Law Al Reallocation of funds to cover the Judicial Bond that is due every four years. NN Judipp val bite ,I FUND DIV ACCT Change in Bud et ACCOUNT NAME 01000 23000200 51641000 (3,106.00) Visiting Judges 01000 23000100 61060000 3,106.00 Bonds Vol. ' 3 9 6 pg. 33 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 28.04 411 R/2n23 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 27,000.00 General Fund Juvenile Services - Administration Probation Professional Services Expenditure 27,000.00 Juvenile Services Reallocation of funds to cover psychological services for the remainder of FY 23. M `4l12l2023 k 7YL caP CoarityJudlpcproval or 0 cle Enf Qnl s xx t , . r� : %qWim - FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 11001500 61130000 (27,000.00) Contingency 01000 31000100 72670000 27,000.00 Psychological Services Vol. 3 9 6 Pg. 34 Personnel Change of Status (Apr 12,2023) Commissioners' Court Date: 04-18-2023 Department Submitting Information: Human Resources Purpose of Submissions:. Consider and Take Action on Change Employment Pd- ��,Positloh:Cddf� full .att qrl�!rt§ G - d ',Gode rp 9 e H ,9urs. z� Sheriff Office - ]all Cousins, Russell Detention Officer - SO Jail B1511-42 FUU_TIME 42 13_16-4 $20.98 $20.98 $22.60 04-17-2023 Administration Administration - 42 Exposition Center - Franklin, Robert Attendants - Exposition Complex B0833-6 PART—TIME 20 EL9-2 $14.85 $14.85 $15.22 04-19-2023 Administration 6 1 Sheriff Office -Jail Jackson, Vanity Detention Officer - SO Jail B1511-71 FULL TIME 42 BL.16-3 $20.98 $20.98 $210 04-17-2023 Administration Administration - 71 Sheriff Office -]all Reddick, Mary Detention Officer - So Jail B1511-28 FULL TIME 42 EL16-4 $20.98 $20.98 $22.60 04-17-2023 Administration Administration - 28 Exposition Center - Washington, C H Attendants - Exposition Complex - B0833-1 PART _TIME 20 U-2 $14.85 $14.85 $15.22 04-19-2023 Administration Sheriff Office -Jail Woodard, Urfah Detention Officer - SO Jag B1511-20 FUU,LIME 42 $20.98 $20.98 $22.60 04-17-2023 Administration Administration - 20 7-16-4 Separations Depaftnift.'ame L Pa f6ti, oyqb,�t P ife'N e Last .Day Workdd Juvenile Services - Detention RESIGNATION Taylor, Laquisha uVerri envision Officer - Juvenile Detention Part Time -2 82822-2 Jan 8, 2023 03-28-2023 9 M �Wl H�,,! M V, NNW gg Approved in Commissioners' Court: 04-181- 23 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes)