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Home My WebLink About2023/09/05 REGULAR SESSION 10:00AMZ0Z3 zEP - 1 P 12: 4q BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 5, 2023 AT 10:00 AM IN 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 FACE BOOK.CONUBRAZOSCOUNTYTX 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 - 21 3. Designation of the day, time and location for Commissioners Court to convene in regular session each week during FY 2024. 4. Approval of the proposed county holidays for the 2024 calendar year. 5. Approval requested from the Sheriffs Office to accept donation made through the TACRMP website in FY22 in the amount of $3,625.42 but received in FY23. 6. Approval requested from Constable Pct. 3 to apply for the Law Enforcement Safety/Equipment Grant. 7. Approval of the Brazos County Clerk's Records Management and Archival Plan to collect a $10.00 fee for non -court filings. 8. Approval of Amendment #1 to raise daily rates from $100.00 to $150.00 for Contract #23-113 Short -Term Detention of Juvenile Offenders with Henderson County. 9. Approval of Amendment #1 to increase daily rates from $100.00 to $150.00 for Contract #23-142 Short -Term Detention with Coryell County. 10. Approval of Agreement #23-163 for Graduate Training in MA Clinical Psychology Field Training with Sam Houston State University. 11. Approval of Contract #23-164 for Secure Short -Term Detention of Juvenile Offenders with Cen-Tex Regional Juvenile Services. 12. Award of RFP #CI P 23-542 Road & Bridge Equipment Shed. Recommended Award: Aggieland Construction. 13. Discuss and propose 2023 Tax Rate. 14. Consider and vote on the FY 2024 proposed salaries and allowances for elected county and precinct officials. 15. Tax Refund Applications for the following: Overpayments • a. Regina Warren - $45.32 • b. Ray L. Cotropia - $73.66 16. Commissioners Court minutes for the following dates: • a. August 01, 2023 - Regular Meeting • b. August 08, 2023 - Regular Meeting • c. August 15, 2023 - Regular Meeting • d. August 17, 2023 - Workshop Session • e. August 21, 2023 - Workshop Session • f. August 22, 2023 - Regular Meeting • g. August 22, 2023 - Workshop Session • h. August 23, 2023 - Workshop Session • i. August 29, 2023 - Regular Meeting • j. August 29, 2023 - Public Hearing 17. Budget Amendments. FY 22/23 Budget Amendments 46.01 - 46.08 18. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 19. Payment of Claims. 20. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated, Contract A. • b. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated, Contract B. • c. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated, Contract C. • d. Texas Government Code §551.087 for deliberation regarding economic development negotiations. 21. Consider and possible action on Executive Sessions. 22. Acknowledgement of the Brazos County Emergency Services District (ESD) #2 Independent Auditor's Report and Financial Statements for the year ended September 30, 2022. 23. Acknowledgement of the 2021-2022 Brazos County Emergency Services District (ESD) #4 Financial Audit. 24. Acknowledgement of the Brazos Central Appraisal District Independent Auditor's Report and Financial Statements for the year ended December 31, 2022. 25. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of August 30, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of August 30, 2023. 26. Juvenile director's report on detention population. 27. Sheriff's report on inmate population. 28. Announcement of interest items and possible future agenda topics. • The Fiscal Year 2024 Proposed Budget will be filed with the County Clerk and posted to the Brazos County website. 29. Call for Citizen input and/or concerns 30. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The 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. The foregoing minutes of the Commissioners Court Meeting held September 5, 2023, have been examined and are approved in open Court this 3rd day of October 2023, in Bryan, Brazos County, Texas. ` :)E �� Duane Peters County Judge Chuck Konderla Commissioner, Precinct 2 Wanda J. Wa onN, Commissioner, ecinct 4 Attest: Karen McQueen County Cler / c Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 MINUTES SEPTEMBER5,2023 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, September 5, 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's input. Consider and take action on agenda items: 3 - 21 3. Designation of the day, time and location for Commissioners Court to convene in regular session each week during FY 2024. The Court voted unanimously to designate Tuesday at 10:00 a.m. as the regular meeting of the Commissioners Court. The meeting will take place at 200 South Texas Avenue, Bryan, Texas 77803. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 4. Approval of the proposed county holidays for the 2024 calendar year. The Court approved as submitted the following holidays for 2024: Monday, January 1, 2024 - New Year's Day Monday, January 15, 2024 - Martin Luther King, Jr. Holiday Friday, March 29, 2024 - Good Friday Monday, May 27, 2024 - Memorial Day Wednesday, June 19, 2024 - Juneteenth Thursday, July 4, 2024 - Independence Day Monday, September 2, 2024 - Labor Day Thursday & Friday, November 28 & 29, 2024 - Thanksgiving Tuesday, Wednesday & Thursday, December 24, 25 & 26, 2024 - Christmas Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 5. Approval requested from the Sheriff's Office to accept donation made through the TACRMP website in FY22 in the amount of $3,625.42 but received in FY23. A copy of the donation form is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6. Approval requested from Constable Pct. 3 to apply for the Law Enforcement Safety/Equipment Grant. A copy of the grant application is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 7. Approval of the Brazos County Clerk's Records Management and Archival Plan to collect a $10.00 fee for non -court filings. A copy of the County Clerk's Records Management and Archival Plan is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 8. Approval of Amendment #1 to raise daily rates from $100.00 to $150.00 for Contract #23-113 Short -Term Detention of Juvenile Offenders with Henderson County. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderia, Peters, Watson. 9. Approval of Amendment #1 to increase daily rates from $100.00 to $150.00 for Contract #23-142 Short -Term Detention with Coryell County. A copy of the amended contract 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 Agreement #23-163 for Graduate Training in MA Clinical Psychology Field Training with Sam Houston State University. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Bevy, Konderla, Peters, Watson. 11. Approval of Contract #23-164 for Secure Short -Term Detention of Juvenile Offenders with Cen-Tex Regional Juvenile Services. 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. 12. Award of RFP #CI P 23-542 Road & Bridge Equipment Shed. Recommended Award: Aggieland Construction. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #CI P 23-542 Road & Bridge Equipment Shed to Aggieland Construction. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 13. Discuss and propose 2023 Tax Rate. Commissioner Berry moved to propose the 2023 tax rate of .383986 for the M&O (Maintenance and Operations) rate, .040714 for the I &S (Interest and Sinking) rate with a total tax rate of 0.424700. She stated that it would be a $ .50 tax rate reduction. Commissioner Watson seconded the motion. Commissioner Aldrich then asked if Commissioner Berry was proposing a tax increase and to explain why. Commissioner Berry said the Court needs to consider a forward approach to county government, the rapid growth and the needs of the county. Judge Peters stated that the projections show the fund balance will decrease over the next few years and the tax rate will not bring in enough revenue to balance the budget. Judge Peters noted he has seen property value go down in past years due to a recession. He said the county is the lowest taxing entity and the most dependent on it. If the constitutional amendment passes in November tax payers will see a significant tax savings. At this point Commissioner Berry called the question. Clarification was made that Commissioner Watson did second the motion given by Commissioner Berry. Judge Peters then asked for a show of hands to approve the tax rate of 0.424700. The motion carried by a vote of four to one. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-1. Ayes: Berry, Konderla, Peters, Watson. Nays: Aldrich. Judge Peters made a motion to establish the date and time for the public hearing on the FY 2024 Proposed Budget on Tuesday, September 19, 2023 at 9:00 a.m. followed by the public hearing on the Tax I ncrease at 9:15 a.m. in the Commissioners' Courtroom, 200 S. Texas Avenue, Suite 106, Bryan, Texas. The motion was seconded by Commissioner Konderla. The motion passed unanimously by show of hands. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 14. Consider and vote on the FY 2024 proposed salaries and allowances for elected county and precinct officials. A copy of the FY 2024 proposed salaries and allowances for the elected county and precinct officials is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 15. Tax Refund Applications for the following: Overpayments • a. Regina Warren - $45.32 • b. Ray L. Cotropia - $73.66 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 16. Commissioners Court minutes for the following dates: • a. August 01, 2023 - Regular Meeting • b. August 08, 2023 - Regular Meeting • c. August 15, 2023 - Regular Meeting • d. August 17, 2023 - Workshop Session • e. August 21, 2023 - Workshop Session • f. August 22, 2023 - Regular Meeting • g. August 22, 2023 - Workshop Session • h. August 23, 2023 - Workshop Session • i. August 29, 2023 - Regular Meeting • j. August 29, 2023 - Public Hearing Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 17. Budget Amendments. FY 22/23 Budget Amendments 46.01 - 46.08 Commissioner Aldrich asked if Budget Amendment 46.06 was for the additional voting machines and if passed would it need to be amended later. Budget Analyst Nina Payne stated that Budget Amendment 46.08 is for the voting machines and it is on the agenda for approval, so that funds are available to begin the purchasing process and so the funds can be used from this year's budget. 43.01 Transfer Contingency funds to Fleet Services. 46.02 Reallocate funds for Elections Administration. 46.03 Transfer funds from I nformation Technology to County Attorney. 46.04 Reallocate American Rescue Plan Act funds. 46.05 Transfer funds from Information Technology to 85th District Court. 46.06 Reallocate funds for Information Technology. 46.07 Reallocate Texas Indigent Defense Commission Grant funds. 46.08 Transfer Contingency and Capital funds to Elections Administration. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 18. 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. 19. Payment of Claims. Claims 8124388-8124515 9008373-9008451 Motion: Approve, Moved by Commissioner Nancy Bent', Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 20. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated, Contract A. • b. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated, Contract B. • c. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated, Contract C. • d. Texas Government Code §551.087 for deliberation regarding economic development negotiations. At this point, the County Judge announced the Court would consider items 22 through 29 and then return to convene into Executive Session. Having considered the previously noted agenda items, Civil Counsel Bruce Erratt submitted a written determination that deliberation in an open meeting would have a detrimental effect on the position of the Court in negotiations with a third party. A motion was offered by Commissioner Berry to meet in closed Executive Session as per Mr. Erratt's recommendation. The motion was seconded by Commissioner Watson and the motion passed unanimously. At 10:35 a.m. the County Judge announced the meeting closed to the public, so the Court could convene into Executive Session as stated above. The following individuals were asked to stay for the session a. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated, Contract A. Cheryl Coffman, Executive Assistant Bruce Erratt, Civil Counsel Katie Conner, County Auditor Trudy Hancock, Elections Administrator Krystal Ocon, Elections Coordinator Charles Wendt, Purchasing Agent Kaitlyn Battles, Assistant Purchasing Agent b. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated, Contract B. Cheryl Coffman, Executive Assistant Bruce Erratt, Civil Counsel Katie Conner, County Auditor Charles Wendt, Purchasing Agent Kaitlyn Battles, Assistant Purchasing Agent Trevor Lansdown, Project Manager Kimberly Roach, Intergovernmental Liaison c. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated, Contract C. Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Katie Conner, County Auditor Charles Wendt, Purchasing Agent Kaitlyn Battles, Assistant Purchasing Agent Kimberly Roach, Intergovernmental Liaison d. Texas Government Code §551.087 for deliberation regarding economic development negotiations. Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Kimberly Roach, Intergovernmental Liaison Susan Davenport, Brazos Valley Economic Development Corporation Chuck Martinez, Brazos Valley Economic Development Corporation 21. Consider and possible action on Executive Sessions. At 12:05 p.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Sessions. 22. Acknowledgement of the Brazos County Emergency Services District (ESD) #2 Independent Auditor's Report and Financial Statements for the year ended September 30, 2022. The Court acknowledged receipt of the Brazos County Emergency Services District (ESD) #2 Independent Auditor's Report and Financial Statements for the year ended September 30, 2022. 23. Acknowledgement of the 2021-2022 Brazos County Emergency Services District (ESD) #4 Financial Audit. The Court acknowledged receipt of the 2021-2022 Brazos County Emergency Services District (ESD) #4 Financial Audit. 24. Acknowledgement of the Brazos Central Appraisal District Independent Auditor's Report and Financial Statements for the year ended December 31, 2022. The Court acknowledged receipt of the Brazos County Appraisal District report ending December 31, 2022. 25. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of August 30, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of August 30, 2023. The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of August 30, 2023. 26. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 42 juveniles in the detention center, 33 are male and 9 are female, and 20 have electronic monitors. 27. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 723 inmates in jail, 614 inmates are male and 109 are female, and 46 have electronic monitors. 28. Announcement of interest items and possible future agenda topics. • The Fiscal Year 2024 Proposed Budget will be filed with the County Clerk and posted to the Brazos County website. Judge Peters stated the FY 2024 Proposed Budget will be posted at the County Clerks Office today. Commissioner Konderla congratulated the City of College Station on opening their new visitor center in the old fire station. Commissioner Aldrich echoed the sentiments and urged everyone to welcome visitors to the community. 29. Call for Citizen input and/or concerns Purchasing Agent Charles Wendt updated the Court on the expenditures on the roof repairs. He stated there is 5.3 million in revenue from insurance claims and expenditures thus far are a little more than 2 million. He added there are still open purchase orders for a little over 3.5 million. Mr. Wendt stated they have paid approximately $228,000.00 out of the general fund and will continue to get those repairs made. Commissioner Aldrich then asked about the proposed tax rate and said it will generate 2.6 million dollars in revenue than what is required to fund the budget. He asked where the 2.6 million should be reflected in budget. Judge Peters stated that this can not be discussed at this point in the meeting. Next to speak was Russ Ford. Mr. Ford stated he would like for the Court to be prudent when considering a tax rate and hopes they would approve the lowest rate possible. 30. Adjourn. Pg-I-of BRAZOS COUNTY COMMISSIONER'S COURT S'DAY OF e , 20 93 A /PM, - Name (PLEASE PRINT) e c rr Via. s N r Rk�A %no qM(l'AcoQa v ` v Organization (PLEASE PRINT) DES el u cv 1� Pg 2 of -,-4 BRAZOS COUNTY COMMISSIONER'S COURT s�k DA Name (PLEASE PRINT) (.�S1(" �)Os ILI nS ►1 Organization (PLEASE PRINT) f3 'j �?A'e.,(L a3 Pg 2 of BRAZOS COUNTY COMMISSIONER'S COURT , `F DAY Name (PLE E%PRINT) C� dig i f OF 5-e-a�ba- 5 20 c -AM/PM, Rm 6J Lj Organization (PLEASE PRINT) -Fv -Ne, h4o\f ,c�- c4--:- fz r- k s, (,- -e4la t4 �14u ' e= Lh=ch hVVIS . �f a - 40 c. sc .BUFJ) c, f-fv- C4 Pg�Of BRAZOS COUNTY COMMISSIONER'S COURT j2 *- DAY OF � , 20� AM/ M, Name (PLEASE PRINT) Organization (PLEASE PRINT) DEPARTMENT: DATE OF COURT MEETING: ITEM: TO' DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: NbAHachmmisAWIeNe r BRAZOS COUNTY BRYAN, TEXAS NUMBER: 9/5/2023 Designation of the day, time and location for Commissioners Court to convene in regular session each week during FY 2024. Commissioners Court 06/12/2023 False False $0.00 Des-cripfflall m dJALO County Judge r Brazos County Bryan, Texas 2024 County Holidays Monday January 1 New Year's Day Monday January 15 Martin Luther King, Jr. Birthday Friday March 29 Good Friday Monday May 27 Memorial Day Wednesday June 19 Juneteenth Thursday July 4 Independence Day Monday September 2 Labor Day Thursday & Friday November 28 & 29 Thanksgiving Tuesday, Wednesday, Thursday December 24, 25, & 26 Christmas APPPR®VM � Q 7 - Duane Peters Date County Judge BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATEDIAWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: 8131/2023 Q Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑Acceptance of Donated Inmate Property (Requires signed inmate documentation — NO VALUE ASSESSED) Item Description: Various Employee Safety Equipment PIease provide all information requested below as applicable to the property being accepted or donated. Forms containing any blanZ fields will be returned for completion. Make: NIA Model: Year_ SN/VIN #: ❑ Functional ❑ Non Functional. Explain if Non -Functional Additional Description/infomration: Acceptance of property through the Employee Safety Equipment From theTexas Associatton of Counties Risk Management Worker's Compensafion Program that was reeved LV\ Z3 Estimated Value: Check box for Capital Asset (value/initial cost is over $ 000) Check the appropriate account based on estimated value ofproperty being accepted: ❑ 61235000 (Donation -Other)* II 60010000 (No Asset Tag-Under$500) ❑ 67010000 (Minor Property - $500 - $4999) ❑ s0010000 (Capital Property Over $5000) ijouauon of c.:ounty rroperty Check the appropriate entity property being donated to: Government Entity: Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name *Donation — Other to be used forfunds donated to Brazos Countyfor use of a non -county expenditure. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upoi approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept o reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating maintenance and insurance costs. Requesting Department: Brazos County Sheriffs Office Department Name Organization.Receiving Donated Property: Authorized Signature Approved by Co 'ssioners on this � day of S0 rr' an a e� a0c' L3 Q'-� Commissioners Court Approval PACKING LIST I, Page 1 of 2 GIR14t�liGRR� BOX ID U8461 b9870 Click: www.graingef.com I Call:1=800-GRAINGER (472-4643) ti WW GRAINGER DC 8701 MINOR LANE LOUISVILLE KY 40219 hip To TAC RMP- LAW ENFORCEMENT 1700 W Highway 21 Bryan TX 77803-1300 ATTN: WAYNE DICKY RECEIVED FEB -2 2913 old To BULLCHASErrAC LAW ENFORCEMENT 3000 POLAR LN STE 703 CEDAR PARK TX 78613-3073 SPECIAL INSTRUCTIONS 20220822033755.cXMLPurchaseOrder.559047744@eprosvcs. cam PO Une Item # 13G493 Item Description PO Number TLE-75,'3 Delivery Number 6579190160 Account Number 8869216,51 Caller WAYNE DICKY Telephone 512868223R PO Release Number 886921651 ; ProjectlJob Number Department BRAZOS C4)UNTY LE Order Date. 08/22/2022 t_ Requisitioner 1 Employee Contact WF-BATCH Carrier FDX GROUND Order Type SH Debit/Credit Code Z045 Cartons Shipped 1.4 Please reference DELIVERY NUMBER 657911.' all remittance and correspondence. Your Order Number Is: 1456552492 Quantity Shipped Back Shipped -from other ordered Tax Unit Price location UOM:EA TK71117924T Battering Ram 1 Pieces 25 In Overall Lg 131 ack MFG Name: BLACKHAWK. MFG Part: Transport Hood,White/Black,Universal 0 30 0 , 0.00 14P365 Break-N-Rake TooI,1 Pieces,51 In. L 0 0 4 30LT77 Emergency CPR Pocket Mask;White 0 30 0 49OZ06 Pallet Jack,5500 lb. Cap.,Quick Lift 49Y631 Platform Truck,3600 Ib.,Steel We'd love to hear vour feedback.about this order. Go to www 0 2 0 1 0 0 0.00 1160 on Total o f 0.00 0.00 0.00fs 0.00 .t 0;100 0.0c rb.00 0.0( and tell us what you tF& k. Continuec THIS PURCHASE IS GOVERNED EXCLUSIVELY BY GRAINGEWS TERMS OF SALE, INCLUDING: (1) DISPUTE RESOLUTION REMEDIES, AND (II) CgRTAIN WARRANTYAND DAMAGES LIMITATIONS AND DISCLAIMERS IN EFFECT AT THE TIME OF THE ORDER, WHICH ARE INCORPORATED BY REFERENCE HEREIN. (,13RAINGER'S TERMS OF SALE ARE AVAILABLE AT W W W.GRAINGER.COM. % PROIJUCT RETURN INSTRUCTIONS ARE AVAILABLE AT W W W.GRAINGER.COMIRETURNS ` t THESE ITEMS ARE SOLD FOR DOMESTIC CON§umvnON IN THE UNITED STATES. IF EXPORTED, PURCHASER ASSUMES FULL RESPONSIBILITY FOR COMPLIANCE WITH US EXPORT CONTROLS. i 4 Ill IIII IIII it [I I l I I[I IIII s i IIIII[ _ { I age 2 of 2 GRA��G�R® PACKING LIST � till / BOX !D U846169870 Click: www.grainger.com I Call: 1-800-GRAINGER (472-4643) PO Number TLE-753 Ww GRAINGER DC Delivery Number 6579190160 8701 MINOR LANE LOUISVILLE KY 40219 Caller WAYNE DICKY � Your Order Number is: 1456552492, Shipped PO Line Item # Item Description Quantity from other Back Tax Unit Price Total Shipped location ordered t 52TV61 Utility Cart,500 Ib.,Flush,Black,PP 0 2 0 0.00 '1 0.00 5UTH9 Utility Cart,500 lb. Load Cap. {' 0 2 0 0.001 0.00 Subtotal 1588.00 Tax Stand. Parcel Shipping 0.00 Ot 0.00 Totalg8 VI�IIIIIIIIIIIV�IIIVIIIIIIIIIN� GRAZNGERe 1l111 •• Click: www.grainger.com I Call:1-800-GRAINGER (472-4643) WW GRAINGER DC 8701 MINOR LANE LOUISVILLE KY 40219 hip To TAC RMP LAW ENFORCEMENT 1700 W Highway 21 Bryan TX 77803-1300 ATTN: WAYNE DICKY old To BULLCHASE/TAC LAW ENFORCEMENT 3000 POLAR LN STE 703 CEDAR PARK TX 78613-3073 A x PACKING LIST SPECIAL INSTRUCTIONS 20230214013513.cXM LPurchaseOrder.388616608@eprosvcs. cam BOX ID U820815208 rdyu I ui I PO Number TLE-824 Delivery Number 6585008790 Account Number 886921651 Caller JULIE LUKENBILL Telephone 5128682236 PO Release Number 886921651 Project/Job Number. Department BRAZOS COUNTY LE Order Date 02/14/2023 TLE-753 Employee Contact I WF-BATCH Carrier I FDX GROUND Order Type SH DebitlCredit Code Z045 Cartons Shipped 1 Please reference DELIVERY NUMBER 6585008790 on all remittance and correspondence. Your Order Number is: 1472591529 Shipped PO Line Item # Item Description - Quantity from other Back Tax Unit Price Total -____.Shipped— - location —ordered— 1 6VMY5 Br " r 'Froke Tool,50 In:L,Steel 0 8 E 226.38 226.38 Customer M:EA-TK79944549T Break and Rake Tool 50 [n verNI Lg Flat- Black MFG Name: S.E.T. TOOLS. MFG Part BRB-50AH-D. Subtotal 226.38 Tax Stand. Parcel Shipping 0.00 Other Shipping . TotalZi.38y We'd love to hear your feedback about this order. Go to www.grainger.com/survey and tell us what you think. THIS PURCHASE IS GOVERNED EXCLUSIVELY BY GRAINGERS TERMS OF SALE, INCLUDING: (1) DISPUTE RESOLUTION REMEDIES, AND (11) CERTAIN WARRANTYAND DAMAGES LIMITATIONS AND DISCLAIMERS IN EFFECT AT THE TIME OF THE ORDER, WHICH ARE INCORPORATED BY REFERENCE HEREIN. GRAINGER'S TERMS OF SALE ARE AVAILABLE AT W W W.GRAINGER.COM. PRODUCT RETURN INSTRUCTIONS ARE AVAILABLE AT WWW.GRAINGER.COWRETURNS THESE ITEMS ARE SOLD FOR DOMESTIC CONSUMPTION IN THE UNITED STATES. IF EXPORTED. PURCHASER ASSUMES FULL RESPONSIBILITY FOR COMPLIANCE WITH US EXPORT CONTROLS. 0— tAZNGERe Click: www.grainger.com I Call: 1-800-GRAINGER (4724643) WW GRAINGER DC 8701 MINOR LANE LOUISVILLE KY 40219 hip To TAC RMP LAW ENFORCEMENT 1700 W Highway 21 Bryan TX 77803-1300 ATTN: WAYNE DICKY PACKING LIST REcE1vEQ APR 2 e y old To BULLCHASE/TAC LAW ENFORCEMENT 3000 POLAR LN STE 703 CEDAR PARK TX 78613-3073 SPECIAL INSTRUCTIONS 20230214013513.cXMLPurchaseOrder.388616608@eprosvcs. com BOX ID U820914622 rage I UI I PO Number TLE-824 Delivery Number 6588995942 Account Number 886921651 Caller JULIE LUKENBILL Telephone 6128682236 PO Release Number 886921651 Project/Job Number Department I BRAZOS COUNTY LE Order Date 02/14/2023 Ship Da . s04f24/- M- Requisitioner TLE-753 Employee Contact WF-BATCH Carrier I FDX GROUND Order Type SH Debit/Credit Code Z045 Cartons Shipped 2 Please reference DELIVERY NUMBER 6588995942 on all remittance and correspondence. Your Order Number is: 1472591529 Shipped �g `P_O.LfneJtem#___� ______ItemDescrlption— -� Quantity ,from other !tea k Tax Unit Price Total - ... "'"" 5fiipped location- 1 6VMY5 Break and Rake T00l,50 IR.L,Steel 5 '. 0 0 E 226.38 1131.90 Customer UOM:EA TK79944549T Break and Rake Toot 50 in Overall Lg Flat- Black MFG Name: S.E.T�TOOLS. MFG Part BRB-50AH-D. 6VMY5 Break and Rake Tool,50 In.L,Steel 0 0.00 0.00 Subtotal 1131.90 Tax Stand. Parcel Shipping 0.00 Other Shipping o. Total e44- ft We'd love to hear your feedback about this order. Go to-Www.grainger.com/survey and tell us what you think. THIS PURCHASE IS GOVERNED EXCLUSIVELY BY GRAINGER'S TERMS OF SALE, INCLUDING: (1) DISPUTE RESOLUTION REMEDIES, AND (fl) CERTAIN WARRANTY AND DAMAGES LIMITATIONS AND DISCLAIMERS IN EFFECT AT THE TIME OF THE ORDER, WHICH ARE INCORPORATED BY REFERENCE HEREIN. GRAINGEMS TERMS OF SALE ARE AVAILABLE AT WW W.GRAINGER.COM. PRODUCT RETURN INSTRUCTIONS ARE AVAILABLE AT WWW.GRAINGER.COM/RETURNS f rf THESE ITEMS ARE SOLD FOR DOMESTIC CONSUMPTION IN THE UNITED STATES. IF EXPORTED, PURCHASER ASSUMES FULL RESPONSIBILITY FOR COMPLIANCE WITH US EXPORT CONTROLS. VII�IIIIIIIIIIIIIYIIIII�AIVa GRAINGER 11111 Click: www.grairiger.com I Call:1-800-GRAINGER (472-4643) WW GRAINGER DC 8701 MINOR LANE LOUISVILLE KY 40219 hip To TAC RMP LAW ENFORCEMENT 1700 W Highway 21 Bryan TX 77803-1300 ATTN: WAYNE DICKY old To BULLCHASE/TAC LAW ENFORCEMENT 3000 POLAR LN STE 703' CEDAR PARK TX 78613-3073 PACKING LIST c EO pQR �5 SPECIAL INSTRUCTIONS 20230214013513.cXMLPurchaseOrder.388616608@eprosvcs. com BOX ID U820918366 Page 1 of 1 PO Number TLE-824 Delivery Number 6588780503 Account Number 886921651 Caller JULIE LUKENBILL Telephone 5128682236 PO Release Number 886921651 Project/Job Number Department BRAZOS COUNTY LE Order Date 02/14/2023 Requisitioner TLE-753 Employee Contact WF-BATCH Carrier FDX GROUND Order Type SH Debit/Credit Code Z045 Cartons Shipped 1 Please reference DELIVERY NUMBER 6588780503 on all remittance and correspondence. Your Order Number is: 1472591529 Shipped PO Line Item # _ ___ _ Item Description _ _ _ _ ShIppQuanti d from other Back Tax Unit Price Total - -Shipped- location oidered 1 6VMY5 offigr_V ke Tool,50 In.L,Steal 2 0 AWW E 226.38 452.76 Customer UOM:EA TK79944549T Break and Rake Tool 50 in Overall Lg Flat Black MFG Name: S.E.T. TOOLS. MFG Part: BRB-50AH-D. 6VMY5 Break and Rake Tool,50 In.L,Steel 0 1 0.00 0.00 Subtotal 452.76 Tax Stand. Parcel Shipping 0.00 Other Shipping Total We'd love to hear your feedback about this order. Go to www.grainger.com/survey and tell us what you think. THIS PURCHASE IS GOVERNED EXCLUSIVELY BY GRAINGER'S TERMS OF SALE, INCLUDING: (1) DISPUTE RESOLUTION REMEDIES, AND (li) CERTAIN WARRANTY AND DAMAGES LIMITATIONS AND DISCLAIMERS IN EFFECT AT THE TIME OF THE ORDER, WHICH ARE INCORPORATED BY REFERENCE HEREIN. GRAINGEITS TERMS OF SALE ARE AVAILABLE AT W W W.G RAINGER.COM. PRODUCT RETURN INSTRUCTIONS ARE AVAILABLE AT WWW.GRAINGER.COMIRETURNS THESE ITEMS ARE SOLD FOR DOMESTIC CONSUMPTION IN THE UNITED STATES. IF EXPORTED, PURCHASER ASSUMES FULL RESPONSIBILITY FOR COMPLIANCE WITH US EXPORT CONTROLS. SOLDTOACCOUNT 886921651 PURCHASE ORDER NUMBER DELIVERY DATEAND TIME EMPLOYEE PAGE BULLCHASEITAC LAW ENFORCEMENT TLE-824 j*1100-12-02$"q4.46 WF-BATC 1 OF 1 DEPARTMENT osTICRDCODE SALES ORDER NUMBER DELIVERY 3000 POLAR LN STE 703 CEDAR ARK BRAZOS COUNTY LE Z045 147259"m 6587190472 CALLER REOU1SmONER BRANCH ADDRESS JULIE LUKENBILL TLE 753 610 GALE STREET LAREDO TX 78041-6005 TELEPHONENUMBER PROJECT/JOB NUMBER 5128682236 956-717-0050 SHIP TO PO RELEASE NUMBER CHECK NUMBER CHECK AMOUNT CASH RECD)PA1D TRANS TYPE ' 886921651 SH `' ... TAC RMP LAW ENFORCEMENT SPECIA2L INSTRUMON& ;;.. ;.:.is1.° w^: INWICE WILL SALES TERMS AND CONDITIONS ON REVERSE SIDE 1700 W Highway 21 a^ i4 cXMLPprcfiasega&.'-388616608&1Fosvcs Bryan TX 77803-1300 .:t° THANK YOU FOR YOUR ORDER - - CARRIERNAME uoFem�s tFzoc;tlrTErtMs a►TeSwPPEDFROMOUP ATTENTION WAYNE DICKY Preferred Parcel Carrier PPF ITEM DESCRIPTION REM NUMBER sHIPMY BACKOFDERMESSAGE TAX UNRPRICE -TOTAL Brea nd ake Tppl,50 In.L,Steel 6VMY5 I E 226.38 2tii38; customer UOM-EA Break and Rake Tool 5 to Overall Lg Rat - RECEIVED APR 10 20B MGS PURCHASE IS GOVERNED EXCLUSIVELY IN GRAINGSTS TH MS OFSAMUNICuIDIft(1)DISMMRESOLUnON 1 mrtify M III am purdmbg the mEMe140) m'tndmiab Stand. Parcel Shipping 0.00 L]MRMA7IEONSANDDSCIIUMFASPIEFFECTA 7FIETIMEOF7HE GR�iI�ITGER! crhade•meddb dInthalmmdDusMideiabRegJfficvs g!datlDaxllnDadto Other Shipping 0.00 OfiXKV UCH AMINCORPORAiEDBYFIEFOWCEHEi K !mtheoTt&Ia5)In g (wHd,brot-1:1 Ration).mdsdordlata resd" Tax 0.00 GMWARSWWSOFSAI£MAVAJ,A3IPAT GRA`NGMCOM • ma w.arumsp000nha`dddeathw mmyawn Total 226.38 PROO(WFUE1URNWS1 (MONSAREAVAILMLEAT SAP DELIVERY W Y W{G W YNGMCOWREnt1RNe PmeRom are sold for dam 9WlionIngo umwStalo.Ire� purd!te��v fig 6587190472 ,Gd export rcporsihtayteraoapianoovdlhUS aatmis '111III INvls8aav�baha®wwu¢gratngtraDm 111111111 r GRJMGER. 04/06/2023 I1111 Delivery # 6587190472 610 GALE STREET LAREDO TX 78041-6005 j TAC:RMP,tAw.,il FORCEMENT;, a� ""' . •; �'r' ;.i � • � 1700tW Hintwa ':21 °';':;�«w�: '1� .- - a:•:.�;:r •'sa�'�y'•• .i: - ,it `.tki•! .a4. uy.: •.{ss� I�: :bias Bryan'sTX'1-:7Z803-,[300 u r i:' ,' 1..:• :. N TELEPHONE# 5128682236 Po NUMBER TLE-824 ATTENnoN WAYNE DICKY PROJECTlJDB# DEPARTMENT# BRAZOS COUNTY LE PO RELEASE 886921651 GR"GER. 04/06/2023 111111121311111mmCmEmIlm Delivery# 6687190472 610 GALE STREET LAREDO TX 78041-6005 TO— �'TAC.iTiUIP°l AW ENFORCEMENT=,'P"^x, ?d01►i►:tii 11way.21�: TELEPHONE# 5128682236 PO NUMBER TLE-824 ATTENTION WAYNE DICKY PROJECTIJDB # DEPARTMENT# BRAZOS COUNTY LE PO RELEASE 886921651 1 Date: 08/24/23 Requesting Department: BRAZOS COUNTY, TEXAS GRANT APPLICATION APPROVAL FORM BCCO 3 Grant Title: LAW ENFORCEMENT SAFETY/EQUIPMENT GRANT Granting Agency: NRA FOUNDATION Amount Requested: $ 7,000.00 Grant Term (Beg/End): 08/31/23-10/31124 Project Description: REQUEST FUNDS TO AID IN THE PURCHASE OF S BALLISTIC VESTS TRAUMA FIRST AID KITS, AND TRAINING AMMUNI' Will this grant fund salary & benefits? Yes �✓ No Is there County Match requirement? Yes ✓I No Are there financial reporting requirements? ✓V Yes 1:1No Who will do financial reporting? CHIEF DEPUTY CALDER LIVELY Are there programmatic reporting requirements? Z✓ Yes ❑ No Who will do programmatic reporting? CHIEF DEPUTY CALDER LIVELY *Please include all available backup documentation with the approval form. All grants are contracts b zazos o d the granting agency and should be approved by F o7erourt rio to Elie app x tion submission. Signature Ap roved by Co issio Court on this 5 day of �z�r'� tom- aC> a 3 Commissioners Court Approval DEPARTMENT: DATE OF COURT MEETING ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: Brazos REC_MGM7 PLAN_FY2024.doo BRAZOS COUNTY BRYAN, TEXAS NUMBER: 9/5/2023 Approval of the Brazos County Clerk's Records Management and Archival Plan to collect a $10.00 fee for non -court filings. Commissioners Court 08/30/2023 False r False $0.00 escri tp ion TIM FY24 Rec. Mgt & Archival Plan Cover Memo A"R Ni- a3 Duane Peters Date County Judge Brazos County Clerk Records Management and Archive Plan I. Background (Statutory History) The 771 Texas Legislature passed HB 370 in 2001 to allow border counties to assess a $5.00 Records Management and Preservation Fee for the preservation of older records filed with the County Clerk. The 78th Legislature passed SB 1731 amending the original legislation allowing all counties to collect this fee with Commissioner's Court approval. The County Clerk is proposing to collect this fee at this time. This legislation amends Local Government Code, Section 118.011 (b & f), to enable the Commissioner's Court to adopt a Records Management and Records Archive Fee for the preservation and automation of previously filed and recorded real property and vital statistics records as part of their regularly adopted annual budget. The 83`d Legislature passed HB 1513 amending Government Code, 118.011 (b & f) allowing the Commissioner Court to set and collect a Records Management and Records Archival Fee not to exceed $10.00 on non -court related filings. The 871h Legislature passed SB41 which repealed Government Code 51.317 which allowed the Commissioners' Court to set the fees collected for filing of court cases. H. Bill Summary • Begins on approval of the County of Brazos 2024 Annual Budget. The fee must be set and itemized in the county's budget as part of the budget preparation process. • Termination: The 796' Legislature extended this bill indefinitely. The $10.00 fee is assessed on any instrument, document, paper, or other record that the County Clerk is authorized to accept for filing or recording (deed or official public records, assumed names, and marriage licenses). However, the 83nd legislature approved a sunset effective September 1, 2019 to reduce the amount collected back to an amount not to exceed $5.00. HB 686 passed the 86'h Legislative Session removing the sunset date. • The $5.00 fee is assessed on any original civil case filings. (Effective January�l, 2022 changed to $15.00 per SB41). • The fee may be used only to provide funds for specific records management and preservation and archival projects, including for automation purposes — in accordance with this written plan. • Changes to the plan must be approved by Commissioner's Court. The plan may be modified as required. III. Purpose Some of Brazos County official records have been computerized and automated in electronic format since the late 1950s. The County Clerk's office is progressive in the preservation of current records, utilizing the original Records Management and Archival Fees from 1991 forward. However, this funding has not been sufficient to electronically preserve and restore the older documents that have a priceless historical value. In order to preserve and enhance the integrity of the existing system for recording and preserving public documents; the County Clerk seeks to preserve existing original records by restoring or re-creating old volumes, digitizing older microfilm and paper records, re - indexing old handwritten and typed indexed books and converting all older media into an electronic format and importing this newly created data into the existing computer system. IV. The overall goal and vision of the County Clerk's office is to: • Modernize and upgrade old record systems in the office. • Continue to add records and information to your existing computer system. • Eliminate or reduce manual lookups and searches. • Expedite record searching by having more records available for electronic retrieval. • . Create. a complete electronic records back-up for disaster recovery. • Provide more public information to the citizens of the County via the Intra/Internet. • Continue to eliminate the need for paper records. • Preserving original records by reducing daily usage. • Reclaiming much needed space in the public records area. • Construction of new records storage facility. V. Annual Revenue Estimate Official Real Property Records Marriage Records Civil/Criminal Filings Total Total Total 31,000/annually 1,500/annually 500/annually 36,000 Filings Annually X $ 20.00 = $ 720,000.00 500 Civil Filings X $15.00 = $ 7,500.00 $ 727,500.00 VI. Restoration, Preservation and Automation Projects Real Property Records: Projects include computerized re -indexing and converting all real property records to electronic images and importing new records to the existing real property computer system. Phase 1• Electronic conversion of 1999 to 1967 existing microfilm to images, matching to the existing grantor/grantee index and importing to the computer and internet: Approx 674,000 Instruments filed 1967 to 1999 (Cowl d) Estimated $ 370,700 Phase 2• Back conversion of 1955 to Volume A of Deed Records existing microfilm to electronic images and loading to computer by Book, Volume and Page. Approximately 1,167,000 images from 1966 to Volume 172. Estimated $ 167,000 �(�Gompleted�l' L-1956 "1;2 31=1966) Approximately 204 volumes of Deed Records from Volume A To Volume_171 (sovereignty — 12-31-1955) '(CompletedsovereigntycuzYent); Estimated $ 365,838.00 Re -indexing real property records from 1955 back to Volume A using the scanned images of the original record books: Data entry/conversion of approx. 355,000 instruments. Estimated $ Included above Phase 2a: Back conversion of 1955 to Volume A of the Deed of Trust records existing microfilm to electronic images and loading to computer by Book, Volume and Page. Approximately 49,000 images from Volume A To Volume 65 (sovereignty 12-31-1955) Estimated $ 170,530.00 (CohipletedFsovereignty, `n cu�T merit ); Phase 2b, c & d: Back conversion of 1955 to Volume A of the Release records, Oil & Gas records, Federal Tax records, State Tax records and Abstract of Judgment records existing microfilm to electronic images and loading to computer by Book, Volume and Page. Approximately 134 Volumes of miscellaneous records. ;.C'om` leted''so�erei yam: 12-3:1 .1965)` Estimated: $ 186,843.30 Phase 3• Design and remodel an existing county building for a records storage facility. Approximately 3900 square foot building Estimated $ 460,000 pleted:201:9 , Phase 4: Maps and Plats Conversion/scanning and reindexing of all maps/plats and importing to existing computer system. Approximately 4,000 maps and plats eted,,01a9r° Phase 5: Commissioner's Court Records Estimated $ 60,000 Electronic conversion and reindexing of all existing Commissioner's Court minutes and importing this data to existing computer system in a searchable format. ApproxiFmately�190,£000 pages and f 0,000 index entries Estimated $ (Complex teUploadeHO'%ase`che, Phase 6: Vital Statistics Birth Records Scanning/Electronic Conversion of Brazos County birth records from sovereignty to present. Approximately 73843 birth records + conversion to microfilm. (Com`"1'e ecl;sovezei�``��1 8`5 Estimated $ 241,150.14 Phase 7• Vital Statistics Marriage Records Scannin lectronic Conversion of Marriage Records from sovereignty to present. Estimated $ 322,809.00 Phase 7a• Scanning/Electronic Conversion of Marriage Records from Sovereignty to present. (18 books missed) 1110 -* ` Estimated: $25,000.00 Phase 8• Probate Case Records Scanning/Electronic Conversion of Probate Case files from sovereignty to 1970. $crue �i -�;1 fit) -Prgcess�3, year o �c Estimated: $ 1,082,395.94 Phase 9: Military Discharge Records Scanning/Electronic Conversion of Military Discharge Records (DD214) from 1918- 1983. Estimate: None received Restoration Proiect: Restoration, Preservation and Imaging of Historical Books County Clerk Military Records, Commissioner Court Index Book, 1876 Application to Citizenship — (1800 —1915 records) N ' Estimated $ 29,232.47 4oznp�letec1�20�3a District Clerk Civil Minute Books, Docket Books, Embalming Record - (1853 —1914 records) (Coin le ed 20L3 Estimated $ 129,242.00 Phase 10• Mobile filing system & Library Shelving Adding additional filing system to current system. Estimated $ 29,000.00 Phase 11: Probate Case Records Scanning/Electronic Conversion of Probate Cases filed from 1-1-1971 to 12-31-1982 Estimate: None received Restoration Proiect: Restoration, Preservation and Imaging of Historical Books Record of Election Results, Hospital Lien, Record of Registered Nurses (1844-1957) Estimate: None received V II. Length of Projects It is estimated that these projects will take numerous years to complete and implement. Some projects may be considered as on -going and paid monthly as revenue is collected. Summary The Legislature has provided a means to raise revenue for the records management and preservation of older county property and vital records. This "user" fee is an alternative to raising taxes or spending general fund monies to accomplish these important projects. This plan will be implemented in "phases" as money is accrued and deposited into a special revenue account. The completion of the initial phases will preserve the original records, provide more space in the public records area, and continue to modernize the Clerk's office through available technology. -AMENDMENT41 TO -1340 Henderson County. THIS AMIENDM&TITO-23-11.3--algo knoWg4s.'21-113 HendersonCoti#ty Contrii.ct and Agfk&pent. for Secure SM"-iTqtni Detentioli.9fJuVenile. Offenddrs -Space AVAila.b.1e. ("Amendment") it entered 10to.an.d. effectl* thig. .1 st .. Tern Detention. 11 _. e th u ly. ,dAY bf-AO�Ost*.2023-C'Eff i .0 n '("Effective Dat r*o gh'Ju 31, 2 24:r'ExbiratiQn DO by end between OrAi6g._Ounty Juvenile ServicosMej)aktrnent,(1$d riykc�Provider"), and.Hendets6n C#ufity ('Suve .. n1le Probation") each:of which may -illter'na'tivelybe.c,efetted'toherein asa"IP6ii.y"'andebi.1t.etively.agthe ."Panieie': ItAall be automatically renewed fdr one'(1) year terms thereafter, unless one*partynotifies the.other;in-writing,at least thirty (30).days.pripr to the expiration ts intention to in s Kgreemdot.. All capitalized -lefts-'inii this Amendment p of saidAetm, 4-i not rdneW ifil -shall.haY6 the same -theaning as In the Agreement (aside coed below) unless otherwisd stated herein. .RECITALS WHEREAS the Part" . . - at certain original -contract 023-111,("Agreement' forpqrposict of Secure Shon- Tomb Parties entered into that .971 1 . I . .. ). . .. Detenifon. o0iivenile Oftenders,Spqqo Available; and WHEREAS', the:13=os-Couhtyjuvenifie BbatdApproved to-in-creasethe daily rates; forth ty-juverflk Detention Pre. Adjudication n Services to increase frqm:t 100;0* 0 to $ 15 . 0.00,ptr day. WHEREAS, the'F!afties desire to amend the.pricing as set fbifth in original contract #23-11.3. A GA E EM E N T NOW THEREFORE,.in consideration ofthe above premises, and other -good and valuable consideration, the -receipt and sufficiency of which -are hereby a6knowledged.4-the Parties hereto agree,.to amend the.Agreement as follows: 1. The Service Provider shall be compensated S 150.00 per day. as: the new daily rate for Pro=Adj.u.d);CaCioti.Detetitidn. IN WITNESS WHEREOF, the :parties hereto have caused this Amendment to -be signed by their authorized representatives as -of the Effective Date. Thi's!Amendment may be executed in counterparts, all of which taken together shall constitute one-:instrurnent. Electronic or facsimile signatures.are acceptable forms of -execution of this Amendment and shall be bindi ng on a11.Parties hereto.. D ZOS COUNTVJUVENILI�, SERVICES I LI*#ature 6&'Nate Name Tide -oil I lun Dale HEN;D N! OUN Sign I -a' IV Nathe. 21 Dard 13PAZOS COUNTY COMMISSIONERS, COURT -re, M 6 15 R_ .- — I ON 5'cr 20. a3 FULLY EXECUTED IN DUPLICATE EACH OF WHICH.KSHALL HAVET . F FO RCE AND EFFECT OF AN ORIGINAL �Js�a� DATE. Duane Peters, County Judge 200 9..:Texas Avenue,. Ste.. 332 Bryan, TX77803 Pfione..9.1-0-36141-02 Fax: 97.9-361-4503 Brazos County Juvenile Justice Center Detention Services Agreement January 1, 2023—December 31, 2023 CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF BRAZOS BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services Tanuary 1, 2023 - December 31, 2023 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Henderson County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation') and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County Juvenile Justice Center (hereinafter "the Facility") by the Brazos County Juvenile Services Department (hereinafter "Service Provider') pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with Iicensure or regulatory authority over this facility. ARTICLE I PURPOSE 1.01 Whereas Henderson County, in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan, Texas 77803. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing January 1, 2023 - December 31, 2023. It shall be automatically renewed for one (1) year terms thereafter, commencing January 1st and ending December 31sr of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities; and crisis intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized Brazos County Juvenile Justice Center Detention Services Agreement January 1, 2023-December 31, 2023 to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. C. Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Henderson County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the child's re -admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility administrator and staff of the Facility. E. Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without -having been -seen, treated and -released by a medical professional and given written medical clearance. If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service Provider shall notify Juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event longer than twenty four (24) hours after notification. It will be the responsibility of juvenile Probation, at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to Juvenile Probation and Juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24- hour period. Any damage to county property or juvenile facility fixtures will be paid for by the juvenile Probation Department and charges will be filed against the juvenile with the Brazos County Sheriff's Department. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. 2 Brazos County Juvenile Justice Center Detention Services Agreement January 1, 2023-December 31, 2023 H. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the Judge of the Juvenile Court of Henderson County. I. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. K. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be promptly provided to Juvenile Probation of the detaining county. L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties functions, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Henderson County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above -mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $100.00 per day, the cost includes any duration during a 24 hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Every child shall receive basic detention services. Additional services that require or request special accommodations, medications, including, but not limited to: psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs, will be paid for by Juvenile Probation. 4.03 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by Juvenile Probation. 4.04 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): A. If Service Provider has an outside audit completed on a yearly basis which specifies Brews County Juvenile Justice Center Detention Services Agreement January 1, 2023-December 31, 2023 receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. B. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the years tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part if funds are not available or are not appropriated by the Texas Legislature. 4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before_ the.partes_,resort to arbit;atono. r litigation., The .parties shall choose_ a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile Probation may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the Juvenile Court of Henderson County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and valuation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 4 Brazos County Juvenile Justice Center Detention Services Agreement January 1.2023—December 31, 2023 6.04 Service Provider will keep a record of services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate is included in any subcontract it awards. ARTICLE V11 CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VH1 DUTY TO REPORT 8.01 Allegations Occurring inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, youlunteers or contractors,. shall report any allegation or incident of abuse —neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll -free 1-877-786- 7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and 3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (903) 677-7276 and Service Provider shall contact Juvenile Probation by telephone at (903) 677-7250 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll -free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or by email at abuseneglecMid.texas.gov and Brazos County Juvenile Justice Center Detention Services Agreement January 1, 2023—December 31, 2023 3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (903) 677-7276. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. _ D. Serious_physicaI..abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves .juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post -adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. Brazos County Juvenile Justice Center Detention Services Agreement January 1,2023-Decembcr31,2023 B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet-based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to juvenile Probation: A. Any and all corrective action required by any of Service Providers licensing authorities; Brazos County Juvenile Justice Center Detention Services Agreement January 1,2023—December31,2023 B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; D. Any finding of "Reason to Believe' by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service Providers employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the tern "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Brazos County Juvenile Justice Center Detention Services Agreement January I, 2023—December 31, 2023 ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated for any reason: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the - -- -safety of -children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately - suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents; owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; C. Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore, Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. ,1 Brazos County Juvenile Justice Center Detention Services Agreement January 1, 2023—December 31, 2023 D. That all of its employees, intents, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents, and that if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Justice Department website: Notice to Public Regarding Abrrse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the judge of Henderson County having juvenile jurisdiction ARTICLE XXII PRISON RAPE ELIMINATION ACT 22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24-hours of the allegation, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30- [PREA §115.387(e) and (f)] 10 Henderson County Juvenile Probation tNi,h,l n . Executive Director Hend# Juvent a Boar Chair Authorized Official araim (bunt? dmenile.luslice Center IMentiun Scnms Agrttment buuaq 1,21123 Mewnher 3l, 2023 Brazos County.luvenile Justice Center Linda Ricketson, Executive Director raios ounty\ Juvenile Board Chair Authorized Official BRAZOS COUNTY COMMISSIONERS COURT ON M AF-G4 r 20 a . FULLY EXECUTED IN DUPLICATE. EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By: Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan. TX 77803 Phone: 979-361-4102 Fax: 979-3614503 AMENDMENT #1 TO 23-142 Corvell County THIS AMENDMENT TO 23.142 also known as 23.142 Coryell County Contract and Agreement for Secure Short - Term Detention of Juvenile Offenders Space Available C Amendment"} is entered Into and effective this le day of August, 2023 ("Effective Date') through July 31, 2024 {"Expiration Date") by and between Brazos County Juvenile Services Department ("Service Provider"), and Coryell County ("Juvenile Probation') each ofwhich may alternatively be referred to herein as a "Party" and collectively as the "Partles". It shall be automatically renewed for one (1) year terms thereafter, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. Ali capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract #23-142 ("Agreement") for purposes of Secure Short -Term Detention of Juvenile Offenders Space Available; and WHEREAS, the Brazos County Juvenile Board approved to Increase the daily rates for the Brazos County Juvenile Detention Pre Adjudication Services to increase from $ l 00.00 to $ I S0.00 per day. WHEREAS, the Parties desire to amend the pricing as set forth in original contract #23-142. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. The Service Provider shall be compensated $ l S0.00 per day as the new daily rate rot Pre -Adjudication Detention. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument, Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. B OS COUNTY JUVENI SERVICES P'L4..-XC� =L f�g� {s- $landa gict-N-;,m Naive kegAiye--Dtec tr! 77de Ti log? Dale BRAZOS COUNTY COMMISSIONERS COURT ON WHI SHALL HAVE FULL CE AND 7 BY: Duane Peters, County Judge 200 S. Texas Avenue, Ste. 332 Bryan, TX 77803 Phone: 979-3614102 Fax: 979-3614503 YTLL COUNTY Sl ature 1aLeA- Name � ` Till !e FULLY EXECUTED IN DUPLICATE, EACH OF AN TE: ` (6 + Q 3 Brun County Juvenile Justice Center Detention Services Agreement October 1, 2020- September 30. 2021 CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF BRAZOS BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services October 1, 2020 - September 30, 2021 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Coryell County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation") and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County Juvenile Justice Center (hereinafter "tire Facility") by the Brazos County Juvenile Services Department (hereinafter "Service Provider") pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. PURPOSE 1,00 Whereas Coryell County, in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention fatalities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan, Texas 77803. TERM 2.00 The tenet of this Agreement is for 12 months commencing October 1, 2020 - September 30, 2021. It shall be automatically renewed for one (1) year terns thereafter, commencing October 1st and ending September 30th of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 3.01 Service. Provider will provide: room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities, and crisis intervention to each child placed within the Facility. 3.02 If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ('Outside Treatment') is required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. Braes Caonty Juvenile Joslite Center Detmdon Services Agreement October 1, 2020- September 30,1021 3.03 Children from Juvenile Probation who are alleged to have engaged in delinquent conduct or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Coryell County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the child's re- admission 3.04 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility administrator and staff of the Facility. 3.05 Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected children" Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional and given written medical clearance. 3.06 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service Provider shall notify Juvenile Probation of this determination, 3.07 The child shall immediately be removed from the Facility but in no event longer than twenty four (24) hours after notification. It will be the responsibility of juvenile Probation, at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to juvenile Probation and juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24 hour period. 3.08 If a Child is classified as being a High Risk Suicide and thus, per state standards, is required to be placed on one- on-one supervision, the daily rate of detention shall increase to $200.00 a day until the child no longer requires one-on-one supervision This rate includes any partial day(s). 3.09 Any damage to county property or juvenile facility fixtures will be paid for by the juvenile Probation Department and charges will be filed against the juvenile with the Brazos County Sheriff's Department. 3.10 Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 3.11 It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Fatality. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. Brawl County Juvenile Jusace Center Detention Services Agrcemeu October 1, 2020— September 30, 2021 3.12 It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) item 3.05 (b) an Order of Release signed by the Judge(s) of the juvenile Court of Coryell County. 3.13 Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile justice Department and all applicable State and Federal law. 3.14 Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. 3.15 Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department Facility personnel administering the MAYSI-2 shall be properly trained, sign the wanting page, and document time and date administered. The MAYSI-2 shall then be promptly provided to Juvenile Probation of the detaining county. 3.16 Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. 3.17 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties functions, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the juvenile Court of Coryell County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.11 COMPENSATION 4.00 For and in consideration of the above -mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $100.00 per day; the cost includes any duration during a 24 hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.01 Every child shall receive basic detention services. Additional services that require or request special accommodations, medications, including, but not limited to: psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs, will be paid for by the Department 4.02 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by the Department. If any Brazos County staff is required to testify in any proceedings outside of Brazos County, the Department will reimburse Brazos County for any and all travel, lodging, meals, or other expenses related to testifying in court. Additionally, the Department shall pay Brazos County $100/day for each day the staff is unable to report to work in Brazos County. The agreement to testify is at the sole discretion of Brazos County and upon Brazos County's ability to maintain adequate staffing. 4.03 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. If payments are not received timely, acceptance of youth tvill be denied until full payment is received. Brow County Juvenile Jwttee Center Detention Services Agreement October I.2020- September 30, 202I 4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 4.041 If Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 4.042 If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract 4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.06 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probations Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment 4.07 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.08 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile Probation may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the Juvenile Court of Coryell County. EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and valuation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation Brazos Covotr Juvenile Justice Center Detention Services Agreement October 1, 2020— September 30, 2021 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation arty and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of services provided to juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services famished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate is included in any subcontract it awards. CONFIDENTIALITY OF RECORDS 7.00 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: 8.011 For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: Local law enforcement agency; and Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll -free 1-877-786- 7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to juvenile Probation within 24 hours at facsimile number (254) 865-8113 and Service Provider shall contact Juvenile Probation by telephone at (Y54) 865-7210 within 24 hours. 8.012 For allegations and incidents of sexual abuse or serious physical abuse: Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; Texas juvenile Justice Department shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The Initial report shall be made by phone by calling toll -free 1-877-786-7263. Within 24 hours Braun: County Juvenile Justice Center Detention Services Agm malt O-ber 1, 2020— September 30. 2021 of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512424-6716 or by email at abuseneglectt@tjjd.bexas gov and With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (254) 865-8113. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intem, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to Iaw enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement 8.031 An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. 8.032 A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault or youth sexual conduct. 8,033 Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact 8.034 Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical techniaary paramedic or dental. 8.035 A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post - adjudication secure correctional facility required to be certified in accordance with the Texas Family Code, and a public or private non -secure juvenile post -adjudication residential treatment fadlity housing juveniles under juvenile court jurisdiction. 8.036 A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. CRMCNAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following. BMM County.luvenik Ju*e Center Detention Services Agreement October 1.2020— September 30.2021 9.021 Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. 9.022 Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. 9.023 Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; Internet -based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later duration of the individual's employment or period of service; minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following. 9.041 A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; 9.042 A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; 9.043 A current felony deferred adjudication, probation or parole; 9.044 A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; 9.045 A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; 9,046 A current jailable misdemeanor deferred adjudication, probation or parole; or 9.047 The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. 7 Brazos County Juvenile Josdte Center Detention Services Agreanent DISCLOSURE OF IIVFORMATION October 1, 2020- September 30, 202t 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following Information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to juvenile Probation 10.011 Any and all corrective action required by any of Service Provider's licensing authorities; Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; 10.012 Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; 10.013 Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; 10.014 The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders; and 10.015 The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. EQUAL OPPORTUNITY 11.00 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ASSIGNMENT & SUBCONTRACT 12.00 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of juvenile Probation OFFICIALS NOT TO BENEFIT 13.00 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Bruin County]uvealk Justice Cater Detention Services Agreement October 1,2G20—September 30.2M1 DEFAULT 1COO Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement as it deems appropriate, in any one of following circumstances: 14.001 If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or 14.012 If Service Provider fails to perform any of the other material provisions of this Agreement Including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does riot cure such failure within a period of ten (10) days. TERMINATION 15.01 This Agreement may be terminated for any reason 15.011 By either party upon ten (10) days written notice to the other party of the intention to terminate; or 15.012 Upon expenditure of available funds. 15.02 If at any time during the tern of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. WAIVER OF SUBROGATION 16.00 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. REPRPSENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following. 170.011 That it has all necessary right, title, license and authority to enter into this Agreement; 17.012 That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for, that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; 17.013 Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be famished to Juvenile Probation. Furthermore Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. Brsms County Juvenile Justice Center Detention Services Agreement October I, 2020—September 30.2021 17.0.14 That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas juvenile Justice Department administrative rules regarding abuse, neglect; exploitation, death or serious incidents, and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. TEXAS LAW TO APPLY 18.00 This Agreement shall be construed under and in accordance with the laws of the State of Texas. and all obligations of the parties created hereunder are performable in Brazos County, Texas. 14.00 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. LEGAL CONSTRUCTION 20.00 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein PRIOR AGREEMENTS SUPERSEDED 21.00 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by juvenile Probation for the children placed in the Facility by the Judge of Coryell County having juvenile jurisdiction PRISON RAPE ELIMINATION ACT 22.00 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24-hours of the allegation, and all such data may be requested by the Department of justice from the previous calendar year no later than June 30th [PREA §115387(e) and (f)] 10 Bmm Cwnty Jnrenut Jusft Center Detmtkm Serrim ASreomt October I, 2020-Septanber 30, 2021 Coryep County b o Kat ' Jo J es Chief Juvenile Pro ation Officer c Co ge ohn Lee Juvenile Board Chair Brazos County Juvenile Justice Center inch Ricketson Executive Director Judge Duane Peters Juvenile Hoard Chair BRAZOS COUNTY COMMISSIONERS COURT ON aO o u 1 ✓ . 20 W . FULLY W(ECUTED IN DUPLICATE, EACH OF WFIICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By: Duane Peters, County Judge 200 S. Texas Ave., Site. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 11 Sam Houston State University MEMBER THE TEXAS STATE UNIVERSITY SYSTEM DEPARTMENT OF PSYCHOLOGY AND PHILOSOPHY GRADUATE TRAINING IN MA CLINICAL PSYCHOLOGY FIELD TRAINING AGREEMENT Sam Houston State University, an agency and institution of higher education authorized by the State of Texas, an a member institution of The Texas State System, hereinafter referred to as the University, and Brazos County Juvenile Services, hereinafter referred to as the Agency, agree to establish an agreement for the purpose of providing a practicum for MA Clinical Psychology students assigned by the University to the Agency under the following terms and conditions: 1. Terms of Training The term of this agreement shall commence as of the date of full and final execution below and shall continue for a period of five (5) years. The practicum of each student assigned to Agency shall be for one academic semester. The purpose of field placements is to provide practice opportunities for teaching and learning activities that will enable Practicum Student to meet stated objectives. Each Practicum Student shall attend the training site for 16-20 hours a week. 2. Description of Training Goals The assigned Practicum Student engage in duties and responsibilities conventionally associated with a graduate level psychology practicum student. Specific goals and objectives are to be established between the Agency and the Practicum Student during the first week of training. These learning goals are individualized and formalized into a Learning Goals Agreement in order to ensure that the practicum experiences will expand and/or deepen the students' clinical skills. Although the specific goals and objectives are individualized, in general Practicum Student is to demonstrate an understanding of psychotherapy, psychological assessment, group therapy, interdisciplinary treatment approaches, as well as professional standards and ethics. 3. Training Supervisor and Site Obligations The Agency will accept assigned students for specific field, with the provision that the students may also participate in overall Agency programs and activities as appropriate while providing Practicum Students with opportunities to gain experience in therapy interventions (individual and group), assessment, consultation, and outreach. Supervision of Practicum Students must include at least one hour of face-to-face supervision a week with a psychologist licensed in the jurisdiction in which the training site resides (the Field Placement Supervisor) or a doctoral -level intern or unlicensed staff psychologist who is under supervision by a licensed psychologist in the jurisdiction in which the training site resides. When available, additional individual/group supervision Sam fIouston State University is an Equal Opportunity/Affirmative Action Institution Huntsville, Texas 77341-2447 • 936.294.1174 • Fax 936.294.3798 opportunities should be offered. The Field Placement Supervisor will complete evaluations of the Practicum Student on two occasions: mid -point (formative) and end- of-practicum (summative). In addition to completion of the written evaluation, the Field Placement Supervisor should communicate with the relevant Practicum Course Instructor through phone calls if additional site visits are warranted. The Practicum Student provides services under the supervision of the Field Placement Supervisor in consultation with the instructor of record for Practicum/ The Field Placement Supervisor, however, is the Psychologist of record for each client served. In addition to providing a training site conducive to the attainment of practicum requirements, the Field Placement Supervisor, to the best of his/her ability will ensure that the field experience services are offered to a diverse clientele in terms of ethnicity, disability, age, social class, and religion. Non -Discrimination: The Agency shall not exclude any Participating Student from participation in or subject to discrimination any basis prohibited by applicable law, including, but not limited to, race, creed, ancestry, marital status, citizenship, color, national origin, sex, religion, age, disability, veteran's status, sexual orientation, or gender identity. In execution of this agreement, Agency, Agency employees, and others acting by or through the Agency them shall comply with all federal and state policies and laws prohibiting discrimination, harassment, and sexual misconduct. Any breach of this covenant may result in termination of this agreement. Family Educational Rights and Privacy Act ("FERPA"): To the extent Agency has access to Student "education records" that are subject to FERPA, it is deemed a "school official", as each of these terms are defined under FERPA. Agency agrees that it shall not use education records for any purpose other than in the performance of the Agreement. Except as required by law, Agency shall not disclose or share education records with any third party unless permitted by the terms of the Agreement or as may be required by law or court of competent jurisdiction. 4. University Responsibilities The Department of Psychology and Philosophy facilitate ongoing support of MA Clinical Psychology Practicum Students, Field Supervisors, and Training Sites as follows: (a) the faculty practicum coordinator will be available for ongoing contact throughout the practicum experience, (b) select academically qualified students who shall be placed at the Agency, (c) provide information, upon request, regarding the background, experience, and educational needs of each student to the Agency prior to the student's placement (in according with FERPA laws), and (d) withdraw upon written request any student whose performance is unsatisfactory or whose conduct is unacceptable to the Agency. Under no circumstances shall SHSU have any liability to Practicum Student for any consequential or exemplary damages. The University shall inform each Practicum Student that the student must conform and abide by the bylaws, rules, and regulations, policies, and procedures governing trainees and employees of the training site and SHSU. Practicum Students are informed of the University's expectation that each student fulfill the following responsibilities: • Collaborate with Field Placement Supervisor on written learning goals; • Prepare for and attend placement supervision meetings as scheduled; • Adhere to Agency working hours, dress codes, and procedures. • Document practicum hours and activities and submit a record of training experiences to the Practicum Instructor; • Carry out practicum learning experiences in professional and ethical manner; • Discuss the supervisor's written evaluation with him/her after each administration o To negotiate all schedule changes and requests for time directly with the responsible practicum supervisor on site with ample notification (unless an emergency occurs). 5. Insurance SHSU shall provide certain specified professional liability insurance cover to Practicum Student for psychological and educational services rendered by Practicum Student while he/she is acting in his/her official capacity as a Practicum Student at the training site in the minimum amount of $1,000,000 per claim and $3,000,000 in the aggregate. Since students are not employed by the Agency and therefore are not subject to Workmen's Compensation, treatment of personal illness or injury sustained during training is the responsibility of the student. If the student does not have a family physician, suggestions for referral can be obtained through the student health center. 6. Governing Law This Agreement shall be interpreted, construed, and governed according to the laws of the State of Texas. 7. Public Information Act Agency strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information under the Texas Public Information Act, Chapter 552, Texas Government Code. Contractor is required to make any information created or exchanged with the state pursuant to this contract, that is not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. The following format(s) shall be deemed to be in compliance with this provision: electronic files in Word, PDF, or similar generally accessible format. S. Sovereign immunity. Notwithstanding any .provision of this agreement, nothing herein constitutes a waiver of the constitutional, statutory or common law rights, privileges, immunities or defenses of the parties. 9. Diatic . Whenever under the terms of this Agreement written notice is required or permitted to be given by any -party to any other party, such notice shall be in writing and shall be deemed to have been sufficiently given if personally delivered, delivered by a national overnight courier service (such as Federal Express), transmitted by electronic facsimile or deposited in the United States Mail, in a properly stamped envelope, certified or registered mail, return receipt requested, addressed to the party .to whom it is to be given, at the address hereinafter set forth. Any party hereto may change its address by written notice in accordance with this Section: Notice to University: Sam Houston State University Department of Psychology and Philosophy P.O. Box 2447 Huntsville, Texas 77341-2447 Attn: Shelley Riggs, Ph.D. Notice to Agency: Brazos County Juvenile Center 1904 Hwy 21 W Bryan, TX 77803 Attn: Daphne Hill, Ph.D. In order to clarify the joint and separate responsibilities for the faithful performance of the terms of this Agreement, the parties, hereto in their capacity as stated, affix their signatures and declare their intentions effective the 5th day of September , 2023 .17�4.0_ FiercrPldcement Supervisor Agency Executive Date ci(slas Date _08/15/2023 Faculty Pra cum Cooiiihnator Date �-�-- 15 Aug 23 D Apaent goKairf Date Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF MENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS § COUNTY OF BRAZOS § BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services Seytember 1, 2023 - August 31, 2024 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Cen-Tex Regional juvenile Services , acting by and through its duly authorized representative (hereinafter "Juvenile Probation") and the Brazos County juvenile Board, acting by and through its duly authorized representative and County judge, concerning detention residential services provided at the Brazos County juvenile justice Center (hereinafter "the Facility") by the Brazos County juvenile Services Department (hereinafter "Service Provider") pursuant to license granted by the Texas juvenile justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. ARTICLE I PURPOSE 1.01 Whereas Cen-Tex Regional juvenile Services , in order to carry out and conduct its juvenile program in accordance with the juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility .to be utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan, Texas 77803. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2023 - August 31, 2024. It shall be automatically renewed for one (1) year terms, thereafter, commencing September 1st and ending August 31st of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said 'term, of its intention to not renew this Agreement. ARTICLE III 3.01 A. Service Provider will provide room and board, supervision 'twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities; and crisis intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility- is authorized Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 to secure the Outside.Treatment at the expense of .Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. C. Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or .conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Cen-Tex Regional Juvenile Services juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the child's re -admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined. -by the facility administrator and -staff of the Facility. E. Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the Juvenile justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), juvenile Justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated, and released by a medical professional and given written medical clearance. If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service Provider shall notify Juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event longer than twenty-four (24) hours after notification. It will be the responsibility of juvenile Probation, at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to juvenile Probation and Juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24- hour period.. Any damage to county property or juvenile facility fixtures will be paid for by the juvenile Probation Department and charges will be filed against the juvenile with the Brazos County Sheriff's Department. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex, or national origin. G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from juvenile Probation, or its agents, servants or employees .at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. 2 Brazos County Juvenile Justice Center Detention Services Agreement September I, 2023—August 31, 2024 H. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the Judge of the Juvenile Court of Cen-Tex Regional Juvenile Services. L Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in.a Secure Facility. K. Each child placed in the Facility shaII be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be promptly provided to Juvenile Probation of the detaining county. L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work duties, functions, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Cen-Tex Regional juvenile Services shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above -mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $150.00 per day; the cost includes any duration during a 24-hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the .projected actual cost of care for children in the facility. 4.02 Every child shall receive basic detention services. Additional services that require or request special accommodations, medications, including, but not limited to psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, -special dietary needs, will be paid for by Juvenile Probation. 4.03 'Psychological services may be provided to the child on an as needed basis at the request of the juvenile Probation Department and shall be paid for by juvenile Probation. 4.04 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): A. If Service Provider has an outside audit completed on a yearly basis which specifies 3 Brazos County Juvenile Justiec Center Detention Services Agreement September 1, 2023—August 31, 2024 receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. B. If Service Provider does not obtain an annual outside audit; then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior .to the renewal date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.07 Service Provider agrees to make claims for payment -or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to ensure the child will be considered. for acceptance. Placement of children by authorized officers of Juvenile Probation -may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the Juvenile Court of Cen Tex Regional juvenile Services. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and valuation of the program may include site visitation, observation of programs m operation, interview and the :administration. of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 4 Brazos County Juvenile Justice Center Detention Services AFeement September 1, 2023—August 31, 2024 6,04 Service Provider will keep a record of services provided to juvenile Probation under this Agreement, and upon -reasonable notice will provide information, records, papers, reports, and other documents regarding services .furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of -the authorfty of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the. .conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate is included in any subcontract it awards. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 -Service Provider shall maintain strict confidentiality of all information and records relating to children.involved in juvenile Probation and shall not disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by Iaw. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious -physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. -Texas juvenile justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll -free 1-877-786- 7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to .the Texas juvenile justice Department within 24 hours of receipt; and 3. With respect to juveniles placed by Juvenile Probation, the TJJD .Incident Report Form shall also be sent to juvenile Probation within 24 hours at facsimile number (979) 277-6244 and Service Provider shall contact juvenile Probation by telephone at (979) 277-6245 within 24 hours. B. For allegations and incidents of -sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial. report shall be made by phone to law enforcement; 2.. Texas juvenile justice Department shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling tot[ -free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or by email at abuseneglectOtjjd.texas.gov -and 5 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (979) 277-6244. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement .from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect; exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in. Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or.receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program 'B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault or youth sexual conduct. C. Sexual. abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact: D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by -a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, .including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction., The term includes: a public or private juvenile post -adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile courtjurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have .direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. r� Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on -the Texas Department of Public Safety website. C. :Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet-based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later. duration of the individual's employment or period of service, minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised. access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct .unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to juvenile Probation, and agrees that it shall have an ongoing affirmative duty under , this Agreement to promptly ascertain and disclose in sufficient detail this same information to juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; 7 Brazos County Juvenile Justice Center Detention Services Agreement September 1,.2023—August 31, 2024 B. Any and all litigation filed against Service' Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that.has direct contact with children; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated, perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement; the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; {2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider.agrees .to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent -on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 .Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE XIII OFFICIAIS.NOT TO BENEFIT 13.01 No officer, .employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest; direct or indirect, in this Agreement or the proceeds thereof. 8 Brazos County Juvenile Justice Center Detention Services Agreement September 1. 2023—August31, 2024 ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, .by written notice of default to Service Provider, terminate the whole or any part of this Agreement; as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or, any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service 'Provider does not cure such failure within a period of ten (10) days. ARTICLE XV I RMWATION 15.01 This Agreement may be terminated for any reason: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 .If at any time during. the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, _upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 -Service Provider hereby represents and warrants the following: A. That it has all necessary right; title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; C. Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore, Juvenile Probation shall be notified immediately upon .any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation., D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to reportallegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a 9 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 child under the supervision of juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile .justice program, then it shalt prominently post in all public .and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect mud Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect-, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior Understandings or written or oral. Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a .need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge of Cen-Tex Regional Juvenile Services having juvenile jurisdiction. ARTICLE XXII PRISON RAPE ELIMINATION ACT 22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24-hours of the allegation, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 301h [PREA §115.387(e) and (f)] 10 Cm -Tex Refonal Juvenile Probation UQ�2p"Os'—.- . Chief J e Probati 'Officer Ornus County Jumne Juace Center tadtention SiMm agreement September 1, 2023—AWn3l, 202d Brazos County Juvenile Justice Center i + Linda Ricketson, Executive Director BRAZOS COUNTY COMMISSIONERS COURT ON _ -56?-r6VV\ B M 6 .20 a� , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF By; Duane Peters. County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 AN ORIGINAL. RFP # CIP 23-542 Road & Bridge Equipment Shed Max Points Available 1 Total Cost including the contingency and addenda Points for Cost 40 2 Completion Time Points for Time 15 3 Past performance on similar projects of size and scope 10 4 Overall experience of Project Manager & Superintendent 20 5 Resource availability 15 Proposal Total 100 * Not evaluated due to lack of response in proposal ** Asked for clarifications ^ BAFO 5 awGlass P Construction Corp.**^ MBC Management Aggieland Construction' Development, LLC* $289,000.00 $344,990.00 $290,590.46 40 34 40 121 119 98 12 12 15 5 9 7 17 15 16 15 1 12 12 88 1 82 90 t ,_ . Committee Reco ``men d Award: Aggieland Construction App \ve y Commis' ionees �,T on this day of5��`i=�'�f . 2023 by holding the position of �`�`��'"`�' TLLPCO e AGREEMENT FOR ROAD &BRIDGE EQUIPMENT SHED RFP # CIP 23-542 BRAZOS COUNTY, TEXAS Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 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— Road & Bridge Equipment Shed —CIP # 23-542 2 AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the ROAD & BRIDGE EQUIPMENT SHED Brazos County, Texas, in the amount of TWO HUNDRED AND NINETY THOUSAND, FIVE HUNDRED AND NINETY DOLLARS AND FORTY SIX CENTS ($290.590.46) is entered into this day of September 2023 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 Soutli Texas Ave., Suite 352, Bryan, Texas 77803, and AGGIELAND CONSTRUCTION (hereinafter referred to as "Contractor"). The BRAZOS COUNTY EXPO COMPLEX CONCRETE WORK is hereinafter referred to as the "Project." The Engineer for sealed plans is the firm of GOODWIN-LASSITER-STRONG 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 23-542 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 — Road & Bridge Equipment Shed -- CIP # 23-542 3 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 ROAD & BRIDGE EQUIPMENT SHED in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: This project consists of the construction of a new equipment shed located at Brazos County Road & Bridge. 1.1.5 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. Agreement for Construction — Road & Bridge Equipment Shed —CIP # 23-542 4 .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 — Road & Bridge Equipment Shed — CIP # 23-542 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 project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .26 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable foram of phrase "...and comply with." Agreement for Construction — Road & Bridge Equipment Shed — CEP # 23-542 6 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization .of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by 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 —Road & Bridge Equipment Shed— CIP # 23-542 7 specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in thedocument, document, or (3) the titles of other documents published by the American Institute of Engineers. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.6.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and aitachments(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 — Road & Bridge Equipment Shed— CIP 9 23-542 8 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Engineer may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or other versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer, Engineer's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 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 — Road & Bridge Equipment Shed — CIP # 23-542 9 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 — Road & Bridge Equipment Shed — CIP # 23-542 10 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 — Road & Bridge Equipment Shed — CIP # 23-542 11 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 — Road & Bridge Equipment Shed —CIP 9 23-542 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. 3.3.6 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP Section 8(f). 3.3.7 Lavouttarades will be per plans. Agreement for Construction — Road & Bridge Equipment Shed — CIP 4 23-542 13 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 fumished 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 Constriction— Road & Bridge Equipment Shed —CEP # 23-542 14 Contract, whether or not any portion or trade has been assigned or sub —let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .4 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 — Road & Bridge Equipment Shed — CIP # 23-542 15 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 — Road & Bridge Equipment Shed — CIP # 23-542 16 .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 $10,000.00 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section 8(f). 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Engineer the name and qualifications of a proposed superintendent. The Owner or Engineer may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Engineer has reasonable objection to the proposed superintendent, or (2) that the Owner or Engineer requires additional time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably. be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly (within ten (10) days) after notification of contract award, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Engineer, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Engineer's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 17 and allows the Engineer reasonable time, as defined by the Engineer to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Engineer and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub —subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Engineer without action. Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 18 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub -contractor represent to the Owner and Engineer that the Contractor and Sub -contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying . resubmitted Shop Drawings, to all revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In absence of such written notice the Engineer's approval of a re -submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Engineer or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to cant' out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Engineer. Agreement for Construction —Road & Bridge Equipment Shed —CIP # 23-542 19 The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. ' 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. Agreement for Construction— Road & Bridge Equipment Shed — CEP # 23-542 20 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Engineer. 3.18 INDEMNIFICATION 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE '7NDEMNITEES'9 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 /NDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE ►NDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE (NDEMNITEES; 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 — Road & Bridge Equipment Shed — CIP # 23-542 21 OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub -Sub -contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Engineer, the Engineer's consultants and agents and employees of any of them arising out of: (1) the preparation or approval of maps, drawings, opinions, reports,. surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions or instructions by the Engineer, the Engineer's consultants and agents and employees of any of them, provided such giving, or failure to give, is the primary cause of the injury or damage. The indemnity for the Engineer, the Engineer's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Engineer, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be approved in writing by Engineer or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Engineer for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Engineer. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Engineer. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to _Engineer, in writing, before commencing . work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Engineer, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. Agreement for Construction — Road & Bridge Equipment Shed — CEP # 23-542 22 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 98: Contractor attains Substantial Completion Day 128: 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 — Road & Bridge Equipment Shed — CiP 9 23-542 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. 4.2.6 Based on the Engineers 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 — Road & Bridge Equipment Shed —CIP # 23-542 24 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. 4.2.101f 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 — Road & Bridge Equipment Shed — CIP # 23-542 25 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 GPM 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 — Road & Bridge Equipment Shed — CIP # 23-542 26 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 Agreement for Construction —Road & Bridge Equipment Shed —CIP # 23-542 27 the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 if adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. Agreement far Construction — Road & Bridge Equipment Shed — CEP # 23-542 28 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and or any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Engineer will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven (7) days. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Engineer Agreement for Construction — Road & Bridge Equipment Shed — CIP N 23-542 29 may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub —subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub — subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub —subcontractor or an authorized representative of the Sub — subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 30 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Engineer. Each subcontractor agreement shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub —subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub --subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub -subcontractor, or other levels of contractors and subcontractors, and Owner or Engineer, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 31 information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these- including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Projector other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner —Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the 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. Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 32 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Engineer; a Construction Change Directive requires agreement by the Owner and Engineer and may or maynot be agreed to by the Contractor and an order for a minor change in the Work may be issued by the Engineer alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Engineer and signed by the Owner, Contractor and Engineer, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. Agreement for Construction — Road & Bridge Equipment Shed — CIP 0 23-542 33 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES , 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and signed by the Owner and Engineer directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the.terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; Agreement for Construction— Road & Bridge Equipment Shed— CIP N 23-542 34 .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Engineer will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Engineer has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than 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. Agreement for Construction — Road & Bridge Equipment Shed —CIP 0 23-542 35 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 The date of Substantial completion is the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.6 The term "critical path" as used in the Contract Documents shall mean the projects tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 36 working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt, to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted. from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. Agreement for Construction — Road & Bridge Equipment Shed — CiP # 23-542 37 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re -execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is TWO HUNDRED AND NINETY THOUSAND, FIVE HUNDRED AND NINETY DOLLARS AND FORTY SIX CENTS ($290.590.46) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Engineer a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to.by the Engineer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Engineer will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each progress' payment, the Contractor shall submit to the Engineer an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Engineer may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 - 38 and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9A.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on —site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 39 Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to 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 nav each Sub -contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub —subcontractors in similar manner. 9.6.3 The Engineer will, on request, furnish to a Sub -contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 40 amounts paid by the Owner to the Contractor for subcontracted Work. if the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been property 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 shutdown, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by Agreement for Construction— Road & Bridge Equipment Shed —CIP # 23-542 41 the Engineer. in such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate., Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to. determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 42 inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on -site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form..as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under terms and condition's governing final payment, except that it shall not constitute a waiver of claims. Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 43 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. 9.10AThe making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents, or .4 non -conforming, faulty or defective Work appearing at or after final payment. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 9.11 LIQUIDATED DAMAGES 9.11.1 Liquidated damages will be two hundred and fifty dollars ($250.00) per day if work is not completed on time (substantial completion, excluding any weather days. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and 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 Agreement for Construction —Road & Bridge Equipment Shed —CIP # 23-542 44 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, 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 properly protected. Such Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 45 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. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and- are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Engineer for Project site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi -employer citation provision. 10.2.13 The Contractor shall notify Owner's and Engineer's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and ' Engineer to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.16 The Engineer's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately. stop Work in the Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 46 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 reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner and Engineer prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 47 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as Agreement for Construction — Road & Bridge Equipment Shed —C1P # 23-542 48 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 shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $600,000 each accident, $500,000 disease, policy limit, $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" Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 49 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 apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $10,000 on any one person. (d) ,Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $2,000,000 over primary insurance, $10,000 retention for self -insured hazards each occurrence 7. Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $500,000 each person, $1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) (Vote: 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 Agreement for Construction — Road & Bridge Equipment Shed — CIP P 23-542 so $1,000,000 aggregate .2 Property Damage: $1,000,000 each occurrence $ 1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus Engineer fees, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract sum for the Work. if Owner is damaged by failure of Contractor to maintain such insurance, then Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Engineer's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 51 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attomey-in-fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the. Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7Contractor 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 Agreement for Construction — Road & Bridge Equipment Shed —CIP # 23-542 52 rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which 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 Agreement for Construction -- Road & Bridge Equipment Shed — CEP # 23-542 53 removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers,.engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County, Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for 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 Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 S4 delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Contractor's expense. 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). 13.5.5 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 Agreement for Constmetion—Road & Bridge Equipment Shed —CEP # 23-542 55 practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .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 Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 56 regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub -- subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no actor 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: Agreement for ConOuction — Road & Bridge Equipment Shed — CIP # 23-542 57 .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 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 Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 58 convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Engineer, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from 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, Agreement for Construction — Road & Bridge Equipment Shed —CIP # 23-542 59 in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Courts approval of the Agreement as set forth in the minutes of the Court's ^, 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: BRAZOS COUNTY TEXAS Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: [VENDOR] Aggieland Construction (VENDOR] Aggieland Construction -G- 2 3 Date: cl 8-31 2023 Date: Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 160 ATTACHMENT "A" ROAD & BRIDGE EQUIPMENT SHED REQUEST FOR PROPOSAL CIP 23-542 Agreement for Construction — Road & Bridge Equipment Shed — CIP # 23-542 61 ft7 P B RAZOS COUNTY Equipment Shed Roof Structure BRYA N,TX NO CIP 23-542 08/15/2023 . 1A 41, REQUEST FOR PROPOSALS RFP NO. CIP 23-542 ROAD & BRIDGE EQUIPMENT SHED SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, August 15, 2023, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 3614290 Fax: (979) 361-4293 r. 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: Aggieland Construction By (Print): Brift Jones Title: CEO Physical Address: 3026 Barron Rd, College Station, TX 77845 Wiling Address: PO Box 271 Wellborn Tx 77881 Telephone: 979-393-0080 Fax:979-393-0313 . E-Mail: Bids@aggielandconstruction.com A. SOLICITATION SCHEDULE A Pre -Proposal Conference will be held in the Commissioners Courtroom located at the Brazos County Administration Building, 200 South Texas Ave, Bryan, Texas 77803 at 2:00 p.m. on Thursday, July 27, 2023. Release of RFP Advertisement Dates Pre -Proposal Conference Deadline for Questions Proposal Submission Deadline Review/Contract Evaluations/Negotiations Anticipated Award Anticipated Construction Start _ Tuesday, July 18, 2023 _ Tuesday, July 18, 2023 Tuesday, July 25, 2023 Thursday, July 27, 2023 at 2:00 PM CST Tuesday, August 8, 2023 at 5:00 PM CST Tuesday, August 15,)2023 at 2:00 PM CST _ August September September B. SUMMARY OF WORK The project includes mobilization to site and silt fencing for stormwater mitigation for construction of a pre-engineered metal equipment shed roof structure, approximately 155'x60'. Project shall include 16"-24" diameter concrete drilled piers, eight (8) downspouts, eight (8) splash pads, and ten (10) pipe bollards. Electrical for the project includes 60A/2P circuit breaker in GE load center, 1" and 3/a" conduits with pull strings, junction boxes, and a 120V/240V, 1- phase 3 wipe, NEMA-3R load center with 60A/2P main circuit breaker, #6/#10/#12 wiring receptacles light switches, junction boxes and lighting. C. ALTERNATES There are 'no planned alternates for this project. D. CONDITIONS OF RFP The following instructions apply to all proposals and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this Proposal. All Contractors are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County; Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Contractor(s) of this proposal request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. 2 1 Page 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. ProposaIs must be received by the Purchasing Department prior to the time and date specified. 5. The County reserves the right to acceptor 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 40% Contractor's fee and all construction costs by line item will be considered with all other criteria to determine best value to the project.' The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. 31Page b. Completion time 15% How many days it will take to reach substantial completion of the project. The lowest - construction time proposal of all the proposals become the standard by which all the time proposals are evaluated. c. Past performance on similar projects of size and scope 10% Proposer's specific experience on like projects. Consideration will be given to the number and type of like projects completed. d. Overall Experience of 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 respondent check the Brazos Valley e-Marketplace (https://brazosbid.ionwave.net) for addenda prior to submitting their proposal. 18. 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 41Page provided The Contractor must include Employer Identification Number or Social Security 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 A attached. A contractor or subcontractor who violates this section shall pay to Brazos County $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated on Exhibit A. 21. 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. 22. 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. 23. 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. 24. It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 25. This Proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County contained in this RFP or the plans for this -RFP shall supersede those of the vendor in the event of a conflict. 26. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 27. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. 51Page E. SPECIAL PROVISIONS 1. Proposers with questions regarding the proposal should submit them in writing via the Brazos Valley e-Marketplace at https://brazosbid.ionwave.net. 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 BryanTexas 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 rior extension issued by the Coun 3. All proposals shall be prepared on the bid forms located on the Brazos Valley e-Marketplace County web site https://brazosbid.ionwave.net. The proposer must put the proposal number and name on the front of the envelope before mailing it to the Purchasing Department. 4. In addition to the County's proposal form, all proposals shall be accompanied by a Contractor's Qualification Statement (AIA Document A-305 or equal) listing five (5) like projects, along with the project's owner and engineer contact information on each project. Please note key individuals means Project Manager and Superintendent for this project. Please be specific on the' project commitments in progress and future planned commitments to comply with the requests of this RFP. 5. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from Contractors. 6._ The contract shall be awarded to the responsible Contractor whose proposal is determined to be the best evaluated offer. 7. Your response to this proposal should b6'clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. 8. Performance Standards: a. All services contracted herein shall be done in a courteous and orderly manner. All Contractor personnel shall be appropriately dressed at all times while on the property. b.. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. c. All materials and equipment brought to the site are the full responsibility and liability of the' Contractor until removed from the site as required. d. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. e. The Contractor shall give all notices and comply with all jaws, 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, 61Page 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 I. The Proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of Brazos County. 2. By signing and executing this Proposal, the Proposer certifies and represents to the County the Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 3. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process Proposers their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County 71Page 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. r . 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. J. TAXES Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request_ IC 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 81Page 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 ANIII or better rating in accordance with the current Best Key Rating guide. b.Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. c. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d.Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided at the Contractors expense. e. Brazos County shall be named as additional insured on Contractors insurance. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an ANIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 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 91Page 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 I10.110 ( 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 Ianguage, 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 fof the Texas Labor Code}) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or. materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. 7 c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 10 1 Page 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 thip text, form and manner prescribed by the Texas Workers' Compensation -commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; ii. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. iv. obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; vi. notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any 11 1 Page change that materially affects the provision of coverage of any person providing services on the project; and vii. contractually require each person with whom it contracts, to perform as required by paragraphs (a)-(g), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self -insured, with the commission's Division of Self -Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. CERTIFICATES OF INSURANCE Certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. _ e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. L. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations,. and directions of . inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. M. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials 12 1 Page 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. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. c. The Contractor shall indemnify and hold harmless and defend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. f. The Contractor shall also be responsible for subcontractors hired. g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, 13 1 Page _ 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 parries) 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 (59/o) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to-do business in the State of Texas, as a guarantee that the Bidder will do the. work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 2. The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of the total contract sum within ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY .RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. Q. PROPOSAL SUBMITTAL 1. The Proposer shall submit the proposal on the forms enclosed on the Brazos County web site. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the bidder shall state the. prices. 2. 'If a proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal -is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. 14 1 Page -3. The Proposer shall submit one (1) original of completed RFP with appropriate signature(s). This should include any pricing (Exhibit B), references, specified qualifications, etc. The Proposer shall also submit and five (5) copies of the qualification statements in their proposal packet. 4. By signing the certification below, the vendor verifies that all plans and specifications have been reviewed and are considered in the pricing attached. Prior to award, the vendor also completes- 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 C 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.Bid Bonds c. Exhibit B — Bid Form 7. By submitting a proposal, the proposer is stating that they have reviewed and considered the RFP, Exhibit A (Prevailing Wages), Exhibit B (Bid Form), Exhibit C (County's Contract), Exhibit D (Specifications), and Exhibit E (Plans). R. LIST OF SUB -CONTRACTORS: 1. Metal Building Manufacturer SCHULTE BUILDING SYSTEMS 2. Steel Erector Stelinda Contractors 3. Electrical , �i Electric 4. Erosion Control Drake 5. Earthwork Aggieland Construction 6. 'Other S. PRICING Complete Exhibit B attached and submitted with the proposal. 15 1 Page 00316 Bid Schedule Equipment Shed Roof Structure CIP#23.542 Item Description QTY Unit Unit Price Total A. GENERAL ITEMS' 1 Mobilization, project overhead, insurance including related items and 1 LS appurtenances, complete in place. $55,000.00 $55,000.00 2 Stormwater pollution prevention plan, including silt fencing with 1 LS $4,500.00 related items and appurtenances, complete in place. $4,500.00 Pre -Engineered metal equipment shed roof structure(155' x 60') with 3 eight (8) downspouts, including related items and appurtenances, 1 EA $135,000.00 $135,000.00 complete in place. 4 240 reinforced concrete drilled pier, including related items and 16 EA appurtenances, complete in place. $1,850.00 $29,600.00 5 Concrete splash pads (4' x 4) at downspouts, including related items 8 EA and appurtenances, complete in place. $350.00 $2,800.00 6 6" 0 pipe ballards filled with concrete, footing, painted yellow, 10 EA $4,500.00 including related items and appurtenances, complete in place. $450.00 7 Provide 60A/2P circuit breaker installed in existing GE loadcenter, 1 EA including related items and appurtenances, complete in place. $53.00 $55.00 1-1/4" conduit with pull string from loadcenter, attached to existing 8 wall to point where it goes underground with junction boxes, 1 LS $5,000.00 $5,000.00 including related items and appurtenances, complete in place. 1-1/4" schedule 40 PVC conduit with pull strings from existing $4,800.00 9 building to loadcenter a new shed, including related items and 1 LS $4 800.00 appurtenances, complete in place. 120V124OV,1-phase, 3 wipe, NEMA-3R loadcenter with 60Al2P 10 main circuit breaker, included related items and appurtenances, 2 EA $4,200.00 $4,200.00 complete in place. 2 - (3) #2 wire & (1) #8 G feeder from existing loadcenter LPP1 to 11 loadcenter "B", including related items and appurtenances, complete 1 LS $6,100.00 $6,100.00 in place. 3 - #12 wirer from loadcenter "B" to all receptacles in 1/2" conduit 12 with pull strings, including related items and appurtenances, 1 LS $4,900.00 $4,900.00 complete in place. 4 - #12 wires from loadcenter "B" to light fixtures in 1/2" conduit with 13 pull strings, including related items and appurtenances, complete in 1 LS $5,000.00 $5,000.00 place. 3/4" conduit with pull strings form light switch to junction boxes for 14 security cameras, including related items and appurtenances, 1 LS $3,400.00 $3,400.00 complete in place. Addendum No. 09 619011 00316-1 BID SCHEDULE 00316 Bid Schedule Equipment Shed Roof Structure . CIP#23-542 Item Description QTY Unit Unit Price Total Junction box mounted to roof structure for security camera, including 3 15 related items and appurtenances, complete in place. $565.00 $1,695.00 Lithonia lighting #TMSL-17000LM-LIL1/ MVOLT-GZ10-35K-80CRI 16 WH lightfixtuies, including related items and appurtenances, 14 EA $1,160.00 $16,240.00 complete in place. 17 Asphalt pavement repair, including related items and 91 LF appurtenances, complete in place. 1$61.00 $5,551.00 18 Cement stabilize base repair, including related items and 162 LF $6,480.00 appurtenances, complete in place. $40.00 19 Project Contingency 1 LS $ 10,000.00 $ 10,000.00 otat of 13 d Items 7 17.. ... ..:: ::. .:. ..,. ...... ......:......... , .......... t 304,821 00 Total amount of base bid - in words: Three hundred and four thousand eight hundred and twenty one dollars Number of calendar days to complete: 98 days Anticipated start date: September 2023 i Addendum No. 09 619011 00316-2 BID SCHEDULE 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: College Station ISD Contact: Rene Ramirez Phone: 979-820-2118 Email: rramirez@csisd.org Company/Entity: TAMU Athletics Contact: Scot Obergefell Phone: 607-435-0390 Email: sobergefell@athletics.tamu.edu Company/Entity: SSC Service Solutions Contact: David Ritter Phone: 979-219-0774 Email: david.ritter@sscserv.com Company/Entity: TAMU Vet School Contact: Heather Quiram Phone: 979-412-3347 Email: hquiram@cvm.tamu.edu 16 1 Page Company/Entity: Patterson Architects Contact: Fred Patterson Phone: 979-229-7790 Email: fred@patarch.com 171Page 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 business entity making the proposal. Firm's Name: Aggieland Construction Address: PO Box 271 Wellborn Tx 77881 Proposer's Name: Britt Jones Position/Title: CEO Proposer's Signature: Date: 8-15-2023 Subscribed and sworn to me on this 15 day of August in the year 2023 JILLSOURISSEAU Notary ID # 134078175 Notary Pu lic ••.;,agps. ov c 23,2025 My Commission expires 6AF30 UAGQT Z3 UI-Ly 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. # 1 No. No. Date 8-9-2023 Date Date 18 1 Page 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 Contractor prior to the official opening. Signed By. a '� Title: CEO Typed Name: Britt Jones Company Name: Aggieland Construction Mailing Address: PO Box 271 Wellborn Tx 77881 P.O. Box or Street City State zip Employer Identification Number: 46-5359949 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 23-542 By signing below, Brazos County agrees that this RFP CIP 23-542 will be awarded to the vendor whose name appears above and both parties a the terms and conditions contained herein. By: Brazos County Commissioner's Court Date: S (�1 E✓i(1'lis adcP Attest: Brazos County Clerk 19 1 Page Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #1 to CIP 23-542 Road & Bridge Equipment Shed Issued: August 9, 2023 Change: Updated Bid Form, Revised Plans, and Pre -Bid Sign In Sheet Reason: Clarification and Information Requested Updated Bid Form attached to update downspout pad. Revised plans (C.10, CM, and E1.0) has been added. Pre -Bid Sign In Sheet has been added per request. _ This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: U�G� Signature: Printed Name: 13 rnt Jones BID BOND Argonaut Insurance Company Deliveries Only: 225 W. Washington, 241' Floor, Chicago, iL 60606 ~ United States Postal Service: P.O. Box .469011. San Antonio, TX 78246 KNOW ALL BY THESE PRESENTS: That we Aaaieland Construction Ltd , called the Principal, and Argonaut Insurance Company, an Illinois corporation, called the Surety, are held and firmly bound unto Brazos County, called the Obliges, in the sum of 5% PERCENT OF THE AMOUNT BID (6 %), provided, however, that in no event shall the penal sum of this bond exceed FIVE PERCENT (50/6) of the maximum amount Principal is authorized to bid under this Bid Bond of U.S. Dollars ($5% G.A.B.), for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for Protect No,; CIP 23-542 Road and Bridge Equipment Shed ("Project'). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid within the greater of 60 days from submission of the bid or the time specified In the bid documents, or within such time period as may be agreed by the Obligee and Principal, and Principal enters into a contract with Obligee In conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. The Surety hereby waives any notice of an agreement between the Obligee and Principal to extend the time in which the Obligee may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding ninety (90) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and In such event the Obligee shall obtain the Surety's consent for an extension beyond ninety (90) days. Signed this 15t' day of August, 2023 PRINCIPAL. — L� I Anaieland Collrucdon Ltd, Title ARGONAUT INSURANCE COMPANY J Trenae Marsh, Attorney -In• -Fact~' ` T' _� . DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: NOTESIEXCEPTI ONS: ACTION REQUESTED OR ALTERNATIVES: ATTACHMENTS: File Name WAttadwxwdsAvailable BRAZOS COUNTY BRYAN, TEXAS NUMBER: 9/5/2023 Discuss and propose 2023 Tax Rate. Commissioners Court Nina Payne 08/30/2023 False False $0.00 Must take record vote on proposed tax rate. If the proposed rate exceeds the lower of No - New -Revenue Rate (NNR) or Voter Approval Rate (VAR), a public hearing must be scheduled. Establish the date and time for the Public Hearing on the Proposed Budget and Tax Rate for Fiscal Year 2023-2024. Vote on proposed 2023 tax rate and set the date and time of Public Hearings. Description Type "PROWD �)— J-11--- q Is la3 Duane Peters - Date County Judge DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ACTION REQUESTED OR ALTERNATIVES: ATTACHMENTS: File_ Name FY 2024 Elected_Officials Salary.pdf FY 2024 Elected Officials Salary_ _Publlcation.pdf BRAZOS COUNTY BRYAN, TEXAS NUMBER: 9/5/2023 Consider and vote on the FY 2024 proposed salaries and allowances for elected county and precinct officials. Commissioners Court Nina Payne 08/25/2023 False False $0.00 Request review and approval of proposed salary increase for individual elected and precinct officer's for FY 2024 as listed. Description Tyne FY 2024 Elected Official Salary Backup Material FY 2024 Elected Official Salary - Publication Backup Material AM ♦ �i 1 as Duane Peters Date County Judge Elected Officials County Judge County Commissioners' Precinct 1 Precinct 2 Precinct 3 Precinct 4 County Treasurer Tax Assessor/Collector County Attorney District Attorney District Clerk County Clerk District Judge 85th District Court 272nd District Court 361st District Court County Court at Law #1 County Court at Law #2 Justice of the Peace Precinct 1 Precinct 2 Precinct 3 Precinct 4 Sheriff Constable Precinct 1 Precinct 2 Precinct 3 Precinct 4 ELECTED OFFICIALS PROPOSED COUNTY FUNDED ANNUAL SALARY Year Ending September 30, 2024 Base County Other Annual Salary Longevity Supplements* Salary Footnotes $ 118,662.70 $ 1,800 $ 1,200 $ 121,662.70 91,866.96 300 - 92,166.96 91,866.96 - - 91,866.96 91,866.96 300 - 92,166.96 91,866.96 - - 91,866.96 98,756.97 - - 98,756.97 98,756.97 1,200 - 99,956.97 117,736.58 - - 117,736.58 18,000.00 1,200 - 19,200.00 (1) 98,756.97 - - 98,756.97 98,756.97 2,100 - 100,856.97 16,800.00 300 1,200 18,300.00 (1) 16,800.00 900 1,200 18,900.00 (1) 16,800.00 - 1,200 I8,000.00 (1) 193,400.00 1,500 1,200 196,100.00 (2) 172,843.00 - 1,200 174,043.00 (2) 91,866.96 - - 91,866.96 91,866.96 - - 91,866.96 91,866.96 300 - 92,166.96 91,866.96 - - 91,866.96 148,064.82 - - 148,064.82 91,866.96 900 - 92,766.96 91,866.96 1,200 - 93,066.96 91,866.96 300 - 92,166.96 91,866.96 -1,200 - 93,066.96 $ 2,316,538.50 $ 13,500 $ 7,200 $ 2,337,238.50 (1) District Court Judges can receive up to a maximum salary match from the County of $18,000 per Government Code 659.012(a) (1) and 32.001. The District Attorney is compensated per Government Code 46.003. (2) County Court at Law Judge must be paid not less than $1,000 less than the total annual salary received by a district judge in the County. Minimum Salary: (Tex. Gov't Code Sec. 25.0005(a)) Maximum Salary: (Tex Gov't Code Sec. 25.0005(a-2)) *Other Supplements include funds received from the State Juvenile Board Supplement. BRAZOS COUNTY, TEXAS ELECTED OFFICIALS NOTICE OF PUBLICATION OF SALARIES OF ELECTED OFFICIALS Year Ending September 30, 2024 Elected Officials County Judge County Commissioners' Precinct 1 Precinct 2 Precinct 3 Precinct 4 County Treasurer Tax Assessor/Collector County Attorney District Attorney District Clerk County Clerk District Judge 85th District Court 272nd District Court 361st District Court County Court at Law #1 County Court at Law #2 Justice of the Peace Precinct 1 Precinct 2 Precinct 3 Precinct 4 Sheriff Constable Precinct 1 Precinct 2 Precinct 3 Precinct 4 FY 24 Adopted FY 23 FY 24 Salary FY 24 County Longevity Salary Increase Salary Increase $ 113,552.82 $ 5,109.88 $ 118,662.70 $ 300.00 87,910.97 3,955.99 91,866.96 - 87,910.97 3,955.99 91,866.96 - 87,910.97 3,955.99 91,866.96 - 87,910.97 3,955.99 91,866.96 (600.00) 94,504.28 4,252.69 98,756.97 (1,200.00) 94,504.28 4,252.69 98,756.97 - 112,666.58 5,070.00 117,736.58 - 18,000.00 - 18,000 - 94,504.28 4,252.69 98,756.97 - 94,504.28 4,252.69 98,756.97 - 16,800.00 - 16,800.00 - 16,800.00 - 16,800.00 - 16,800.00 - 16,800.00 - 193,400.00 - 193,400.00 - 172,400.02 442.98 172,843.00 (1,800.00) 87,910.97 3,955.99 91,866.96 - 87,910.97 3,955.99 91,866.96 - 87,910.97 3,955.99 91,866.96 - 87,910.97 3,955.99 91,866.96 - 141,688.82 6,376.00 148,064.82 - 87,910.97 3,955.99 91,866.96 - 87,910.97 3,955.99 91,866.96 - 87,910.97 3,955.99 91,866.96 - 87,910.97 3,955.99 91,866.96 (600.00) $ 2,235,057.00 $ 81,481.50 $ 2,316,538.50 $ (3,900.00) 63 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 08/28/2023 REQUESTOR REGINA WARREN ADDRESS 1105 RICHARD ST BRYAN TX 77803' OWNER NAME ROSIE MONROE PROP ID# 45032 REFUND AMOUNT $45.32 REQUESTOR RAY L COTROPIA ADDRESS 4609 SPRING CREEK RD ARLINGTON TX 76017 OWNER NAME RAY COTROPIA PROP ID# 397474 REFUND AMOUNT 73.66 ADDRESS OWNER NAME REFUND AMOUNT REQUESTOR OWNER NAME PROP ID# REFUND AMOI REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT --APP-LiCATION 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 MONROE ROSIE H 1105 RICHARD ST BRYAN TX 77803-4402 PROPERTY DESCRIPTION Legal: THOMAS HEIGHTS, BLOCK 3, LOT 8 Address: 1105 RICHARD ST , Account# 45032 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREEUND 2019 Taxpayees reason for refund: OP -Overpayment REFUND TO: WARREN REGINA 1105 RICHARD ST BRYAN TX 77803-4402 Collecting Tax for: (taxing entitles) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 07/11/2023 $205.00 $45.32 Sign below and return form tc the Brazos County Tax Office. "1 hereby ly for the refund of the above -described taxes and certify that the information on this form is true and correct." Ic --2� ice... re 01 !C!--i /1-IL7r7 Email Address if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jell felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION Qtax 4.und is [ pproved I Disapproved Authorized Officer Signature q I is la'3 Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 07h 1/2023 08:35AM KRISTEEN ROE, CTA PH# (979) 775-9930 BR-AZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: WARREN REGINA 1105 RICHARD ST BRYAN, TX 77803 45032 R%000.0003-0080 M 10.0000 Description T_HOMAS HEIGHTS, BLOCK 3, L07 8 1105 RICHARD ST , i �._ , Rece'iptiNumber �rh , 3263002 bate Posed---- .. 07/11/2023 PaymentlType • a� P Paymen('Code' OveURe and ToYdLP,atd _ -_ _ $205.00 Owner Nartie'ae5 _nd-Add _V ONROE ROVE H _ -� 1105 RICHARD ST BRYAN, TX 77803-4402 Entity, _Year Taxable Value StiR • -'•Vold,' Original tax �Discnts _ ,P&1 Att Fees- •,O_ _v 8r8 ge Amount Pd'i -� 46.32 Z REFUND ENYrfY 2019 _Rate 0.00000 CF 146304 N 45.32 0.00 0.00 0.00 0.00 0.00 33.14 BRAZOS COUNTY 2019 0.49750 90.680 84490 N N 10.71 23.69 0.00 10.11 4.32 0.00 12.70 5.47 0.00 41.95 CITY OF BRYAN BRYAN ISO 2019 2019 0.62999 1.27000 90,680 90,680 84490 84490 N 47.77 0.00 26.79 11.03 0.00 84.59 205.00 Balance Due As Of 0711112023: -45.32 ender -' Details' Description _ -'^ ' Amount, Credit Card CC XX-9060 Conv.Charge 0.00 205.00 206.00 Operator, , Batyh ' - - - ---- �_. lemersori 46935(JE1`PAYC_07112023 LE) ��y 205.00 Page'. 1 Receipt issued In Accordance with Section 31,076 of the Texas Property Tax Code T ra mtl.&%U� 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 COTROPIA RAY L 4609 SPRING CREEK RD ARLINGTON TX 76017-1223 PROPERTY DESCRIPTION Legal: HIDDEN BRIDGE CONDOS, BLDG 3, UNIT326 Address: 3208 CASITA (PVT) CT 326, Account# 367474 Collecting Tox for. (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date _ _.. i�d - -- _ _ • 2022 _ 08/21/2023 Taxpayer's reason for refund: OP -Overpayment REFUND TO: COTROPIA RAY L 4609 SPRING CREEK RD ARLINGTON TX 76017-1223 Amount Paid Refund Amount Requested $10545.82 $73.66 Sign below and return form the Brazos County Tax Office. "I hereby apply for the refu tie above -described taxes and certify that the information on this form is true and correct." Phone # ff you make a fse statement an this application, you could be found guilty of a ClasVA misdemeanor or a state pail felony under Texas P nal Code Section 37.10. TAX REFUND DETERMINATION the tax a 's (v] Ap oved�Dlsapprovedl I I i!Q3 Authorized Officer Signature Date Authorized officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 08/21/2023 02:08PM J KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: COTROPIA RAY L 4609 SPRING CREEK RD ARLINGTON, TX 76017-1223 Rec' f l umber 3264999 Date Posted 08/21/2023 Payment Type P Payment Code . Oyer/Refund Total Paid $10,54b 82 Property ID Geo Legal Acres .., L .Owner Natne and Address 367474 321450-0003-0326 0.0000 COTROPIA RAY L 4609 SPRING CREEK RD ` Legal Description ARLINGTON, TX 76017-1223 HIDDEN BRIDGE CONDOS, BLDG 3, UNIT 326 Situs DBA Name a • . , 3208 CASITA (PVT) CT 326. Entity Year Rate Taxable Value Stmt # VolO.- _ Original Tax DIscnts P81 Att Fees Overage Amount Pd BRAZOS COUNTY 2021 0.49350 269,666 29982 N 0.50' 0.00 , 0.16 0.10 0.12 0.00 0.76 0.00 0.95 CITY OF BRYAN 2021 0.62900 259,666 29982 N N 0.63 1.24 0.00 0.00 0.20 0.38 0.24 0.00 1.86 BRYAN ISD CITY OF BRYAN 2021 2022 1.22680 0.62400 259,666 348,821 29982 30334 N 2,176.65 0.00 413.55 388.53 0.00 2,978.73 BRAZOS COUNTY 2022 0.42941 348.821 30334 N 1.497.88 0.00 254.59 0.00 267.37 0.00 0.00 2,049.84 0.00 73.66 Z. REFUND ENTITY BRYAN ISD 2022 2022 0.00000 1.13260 0 348,821 146615 30334 N N 73.66 3,875A7 0.00 0.00 755.28 709.67 0.00 5.440.02 10,545.82 Balance Due As Of 0812112023: -73.66 Tender Details Description Amount Check 8741 10645.82 10545.82 6perator Batch lemerson 47408 (08212023LE) Special Condition Exists for this Property Page:1 0 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code Total Paid 1o,"sas.ez sroRton::m.trc. BRAZOSCOUNTY,TEXAS BUDGET AMENDMENTS) FOR THE 2022-2023 BUDGET YEAR NO.22/23 46.01— 46.08 On this the 51h.day of September 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 51 day of September 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 51' day of September 2023. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County udge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 46.01 91512023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Supplies and Other Charges Expenditure 10,000.00 General Fund Fleet Shop - Light Equipment Repair and Maintenance Expenditure 10,000.00 General Fund Contingency _7 ,Reallocation of funds to the correct accounts to cover the cost of vehicle maintenance for '�nder of FC2023. .8113 , 0 023 f W�� s" FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 11001500 61130000 (10,000.00) 01000 11100000 65950000 10,000.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23.46.02 915/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Elections Administrator Benefits Expenditure 1-524.00 Administrator Administrator funds to the correct accounts to cover salary and NNF 39/2023 for the remainder of FY 2023. FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 11210020 53300000 (1,524.00) 01000 11210020 51610000 1,524.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 46.03 9/512023 FUND NAIVE DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Infonnation Technology - Non Capital Supplies and Other Charges Expenditure 1,456.78 General Fund County Attorney - Non Capital Supplies and Other Charges Expenditure 1,456.78 Information Technology Reallocation of funds to the correct accounts to purchase areplacement printer for the County Attorns Offic . 8/30%2023 l ,, t .;.;��;Cotin Jiiilge ,'Approval � �. ;','••u> � � Dafe�`, FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 14000006 60500000 (1,456.78) 01000 18000006 60500000 1,456.78 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 46.04 anskign2a FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund American Rescue Plan Revenue Replacement - General Government Community Contracts Expenditure 16,200.00 General Fund American Rescue Plan Revenue Replacement - General Government Discretionary Expenditure 16,200.00 American Rescue Plan Revenue Replacement - General Government Reallocation of funds that were reallocated by Commissioner's Court on July 25, 2023, agenda item #11. Date..° iH tt IE x u ". F ti iH tt IE x u ". F ti fe ct FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 116002 73004000 (16,200.00) 01000 116002 59100000 16,200.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123.46.05 9/5/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Information Technology - Non Capital Supplies and Other Charges Expenditure 685.13 General Fund 85th District Court - Non Capital Supplies and Other Charges Expenditure 685.13 Information Technology Reallocation of funds to the correct accounts to purchase a replacement printer for the 85th District Court. �F2Xf C 4.• „if 7sz''� �5'y p�a"�'� � s �� , xxcl p z z �r x�4 P. —'3 a CceApproval, l¢y F�'i).91r�C�e.'EIi:"wROn1.��.��.�;�:.:,..�: r.��: �',�.a...�+.�.,Jawt�:. ��:1�� 3�;��F.�.,.�,,,•„ � _� ,t.��.�a:: �ii�"M�i�,w� .',ia��r,�;�cet:t,.:cs... FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 14000006 60500000 (685.13) 01000 22000006 60500000 685.13 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 46.06 9/5/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund information Technology - Non Capital Supplies and Other Charges Expenditure 13,576.93 General Fund Information Technology - Non Capital Repair and Maintenance Expenditure 13,576.93 Information Technology Reallocation of funds to the correct accounts to purchase replacement surveillance cameras. i 3 .-( *!' � �,q,l r�J'� - ..ram` P� M k 4 1y _ v� �'4+ ,,� ; � s y ts. � a v.•,. � �or,Or""ucle�n� r:OnTW�avr75 ° a� 1 >� Air%'��eg s �5.,: .:[ik.?. _r•P FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 14000006 60500000 (13 576.93) 01000 14000006 65055000 13,576.93 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 46.07 91512023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund Texas Indigent Defense Commission Grant Supplies and Other Charges Expenditure 2,494.00 Grant Fund Texas Indigent Defense Commission Grant Capital Outlay Expenditure 2,484.00 r Texas Indigent Defense Commission Grant Reallocation of funds to the correct accounts to purchase the Clio Software for the Public Defender. NNP x# 8/30/2023 Date. s c --, County, udge Approval dx.d: t��i t^u•y. For:O.rn�l�.Y;n Onl.,��•, l+' � ui y�5 �..i ., 1 � � r �,� �?, 1. _�4:iNJ•... .. Yt,�LI. •.: .. .: Y.P (r dt 'tY- i;tF }'� n)1Fii... ._i�� .. �. ��.. .. _.. �.A , e .> J1 -4� lrt3.e f :r:.. .... ^Y �.. � ,. .: x• L ..! .ti.Y:.f.�k } • �:5..!'S• ^ .. FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 272200 61620000 (2,494.00) 01000 272200 80211000 2,484.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 46.08 9/5/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Supplies and Other Charges Expenditure 245,111.00 General Fund Elections Administrator - Non Capital Supplies and Other Charges Expenditure 236,162.00 General Fund Elections Administrator - Non Capital Contractual Services Expenditure 8,949.00 General Permanent Improvement Fund Commissioner's Court - Capital Supplies and Other Charges Expenditure 48,800.00 General Permanent Improvement Fund Elections Administration - Capital Capital Outlay Ex enditure 48,800.00 Elections Administrator Reallocation of funds to the correct accounts to purchase additional election equipment, software, licenses ands ort to add - t (8) polling locations due to SB 924. NNP 2023 County JudgeApproval _ For Oracle Liitr}.Onl : �:�i :� ..:.. �-�.�...� fit, �. � w Y ; �r _ c.�.-y��_ ... - �, .;k : � �` ;?� ,.�� ,- :� :„::; a s'' t- s c i y.C#-' 'a.•..'3 FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 11001500 61130000 245,111.00) 01000 11210026 60211000 14,500.00 01000 11210026 60500000 221,662.00 01000 1I210026 71020000 8,949.00 45000 63110001 61130000 (48,800.00) 45000 63112101 80281000 48,800.00 Personnel Change of Status ( Aug 30, 2023 ) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 09-05-2023 Human Resources Consider and Take Action on Change Employment '=IPipartment Name)�� x^� ` Employee Name County Agriculture Extension - Administration Gongora, Leslie Sheriff Office - Jail Administration Herrera, Ronaldo* Sheriff Office - Jail Administration Jenkins, Camlllla Separations Deowtment {Name ployee Name,'"` `a ` Sheriff Office - Jail Administration Lyle II, Sidney Information Technology - Administration Roberts, Christopher Sheriff Office - Jail Administration Villa, Jullana Approved in Commissioners' Court: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 09-05-2023 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department.Submitting Employee Request Action Requested Request(s) Applies To County Attorney District Clerk Exposition Center Guma De La Vega, Giancarlo Change of Status Cadena, Yulissa Hoefling, Diane Acord, Austin Approved in Commissioners' Court: 09-05-2023: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Change of Status Change of Status Change of Status