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HomeMy WebLinkAbout2023/10/24 REGULAR SESSION 10:00AMZ023 ON 20 P 12: 5 b BRAZOS COUNTY B RYAN, T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 24, 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 FACEBOOK.COMBRAZOSC.OUNTYTX THIS MEETING WILL BE CONDUCTED BY VIDEO CONFERENCE WITH AT LEAST A (QUORUM OF COMMISSIONERS COURT MEMBERS PARTICIPATING IN PERSON AT THE COUNTY ADMINISTRATION BUILDING IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION 551.127 OF THE TEXAS GOVERNMENT CODE. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Konderla 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 - 24 3. Approval of Resolution 23-023 recognizing Tiffiany Newton for 26 years of service to the citizens of Brazos County. 4. Approval of appointment of Julie Schultz to the BVEDC Board of Directors. Term of appointment is October 1, 2023 - September 30, 2024. 5. Discussion and consideration of possible bum ban extension. 6. Approval of Mutual Termination Agreement between Brazos County and Viasat, I nc. 7. Approval of the following Community Support Contracts for FY 2024: • a. Arts Council of Brazos Valley • b. Brazos County Soil and Water Conservation District • c. Brazos Valley Food Bank • d. Health for All • e. North Bryan Community Center • f. Sexual Assault Resource Center • g. Texas A&M University System - Easterwood Airport 8. Award of RFP #23-600-3 Bond Engineering Design Services of Leonard Rd. Recommended Award: R.G. Miller Engineers, Inc. 9. Award of RFP #23-600-4 Bond Engineering Design Services of Harvey Rd. Recommended Award: Lamb -Star Engineering, LLC. 10. Award of RFP #23-608 I&GN Road Reconstruction. Recommended Award: Lary Young Paving, Inc. 11. Approval of Contract #24-064 for Talent Management Software with PowerD MS, Inc. for the Sheriff's Office. 12. Approval of Agreement 24-065 for CLEAR Proflex with Thomson Rueters for the Sheriffs Office. 13. Approval of Renewal Bid #24-071 R Seal Coat with Clark Construction of Texas. 14. Approval of Contract #24-073 for Oracle Cloud Services. 15. Approval of C I P #24-530 Check Scanning Software for the Brazos County Tax Office with RT Lawrence. 16. Replat of 7-11 Ranch Phase 1, Lot 1 R-1 to Request Setback Variance. Site is located in Precinct 1. 17. Approval of resubmittal of the Final Plat of Prairie Ridge Estates Phase 2 which corrects a title block error on previous plat submitted to the October 10, 2023 Commissioners' Court Agenda. Site is located in Precinct 2. 18. Consider and take action on the Metro F ibemet, LLC utility permit to install 5,700 feet of conduit and -fiber optic lines within the right of way of Mumford Road from the Bryan City Limit line to Keystone Drive. Site is located in Precinct 4. 19. Consider and take action on the MetroFibemet, LLC utility permit to install 2,500 feet of conduit and fiber optic cable within the right of way of W. 28th Street from Quality Park Lane to 2,500 feet southeast. Site is located in Precinct 4. 20. Budget Amendments. • FY 22/23 Budget Amendments 53.01 - 53.05 • FY 23/24 Budget Amendments 4.01 - 4.02 21. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 22. Payment of Claims. 23. Convene into Executive Session pursuant to Texas Government Code §551.087 for deliberation regarding economic development negotiations. 24. Consider and possible action on Executive Session. 25. Acknowledgement of FY 2023-2024 Budget to Actuals by Fund as of October 18, 2023. Acknowledgment of FY 2023-2024 Contingency Budget to Actuals as of October 18, 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. 29. 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 Courfs presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County .lodge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803, 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 October 24, 2023, have been examined and are approved in open Court this 7th day of November 2023, in Bryan, Brazos County, Texas. Duane Peters County Judge Chuck Konderla Commissioner, Precinct 2 Wanda J. Watsgn ) Commissioner, Wecinct 4 Attest: Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 MINUTES OCTOBER 24, 2023 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, October 24, 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, Present via Video -conference; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Konderla 2. Call for Citizen input and/or concerns Ronnie Vitulli discussed his concerns regarding Interstate 14 and the 214 Loop. Mr. Vitulli stressed to the Court that the citizens of Kurten do not want the cities wishes forced onto them. He asked that the Court seek the citizen's input and give them a voice in the matter. He also encouraged the community to attend the TXDOT meeting at Legends Event Center on October 25th and voice their opinions. Karen Hall stated that she appreciates the Commissioners Court having a workshop session on Election Integrity because it is an important topic. Cynthia Wiley also thanked the Court for organizing the Election Integrity workshop. She went on to thank Commissioner Aldrich for voting against the approved property tax rate and then requested the Court reconsider reinstating the additional "Citizen input' item on the agenda. Consider and take action on agenda items: 3 - 24 3. Approval of Resolution 23-023 recognizing Tiffiany Newton for 26 years of service to the citizens of Brazos County. Judge Peters read the Resolution aloud and thanked Tiffany Newton for her years of service. County Court at Law 1 Judge Amanda Matzke invited the County to attend the retirement party in Ms. Newton's honor. The Court voted unanimously to adopt Resolution 23-023 recognizing Tiff iany Newton for 26 years of service to the citizens of Brazos County. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 4. Approval of appointment of Julie Schultz to the BVEDC Board of Directors. Term of appointment is October 1, 2023 - September 30, 2024. Commissioner Aldrich recognized Julie Schultz for bringing the former Economic Development Corporation Director, Matt Prochaska, to Brazos County. He stated that he feels Mr. Prochaska served well in his role as Director. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry,. Konderla, Peters, Watson. 5. Discussion and consideration of possible bum ban extension. Deputy Emergency Management Coordinator Jason Ware updated the Court on the drought status in Brazos County. Mr. Ware stated that the County is still in a state of extreme drought and it is the recommendation of 3 out of the 4 fire chiefs to extend the bum ban until conditions improve. Commissioner Berry stated that she felt it was in the best interest of the County to extend the bum ban and reevaluate it once more rain is received. Commissioner Konderla agreed. On motion by Commissioner Berry and second by Commissioner Aldrich, the Court voted unanimously to extend the bum ban. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6. Approval of Mutual Termination Agreement between Brazos County and Viasat, Inc. A copy of the termination agreement 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 following Community Support Contracts for FY 2024: • a. Arts Council of Brazos Valley • b. Brazos County Soil and Water Conservation District • c. Brazos Valley Food Bank • d. Health for All • e. North Bryan Community Center • f. Sexual Assault Resource Center • g. Texas A&M University System - Easterwood Airport A copy of the contracts is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 8. Award of RFP #23-600-3 Bond Engineering Design Services of Leonard Rd. Recommended Award: R.G. Miller Engineers, Inc. Judge Peters stated that the funding for this project is from the Bonds approved during the 2022 Election. The improvements made will help with traffic congestion. Purchasing Agent Charles Wendt added that the project is being done in conjunction with TXDOT and they look forward to getting started. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #23-600-3 Bond Engineering Design Services of Leonard Rd. to R.G. Miller Engineers, Inc. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Bevy, Konderla, Peters, Watson. 9. Award of RFP #23-600-4 Bond Engineering Design Services of Harvey Rd. Recommended Award: Lamb -Star Engineering, LLC. Commissioner Berry made a motion to approve and was seconded by Commissioner Aldrich. Judge Peters stated that the funding for this project is from the Bonds approved during the 2022 Election. Commissioner Aldrich noted how efficient it will be to have one engineering firm seeing the project through from start to completion. Purchasing Agent Charles Wendt informed the Court that a minor adjustment was made in Exhibit "A" to make the language more concise. Commissioner Berry amended her original motion to accept the changes made to Exhibit "A" and was seconded by Commissioner Aldrich. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #23-600-4 Bond Engineering Design Services of Harvey Rd. to Lamb -Star Engineering, LLC. A copy of the bid tabulation and contract is attached. Motion: Approve w/ Conditions, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 10. Award of RFP #23-608 I&GN Road Reconstruction. Recommended Award: Lary Young Paving, Inc. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #23-608 1&GN Road Reconstruction to Larry Young Paving, Inc. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of Contract #24-064 for Talent Management Software with PowerD MS, Inc. for the Sheriff's Office. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 12. Approval of Agreement 24-065 for CLEAR Proflex with Thomson Rueters for the Sheriff's Office. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 13. Approval of Renewal Bid #24-071 R Seal Coat with Clark Construction of Texas. A copy of the renewal of contract and bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 14. Approval of Contract #24-073 for Oracle Cloud Services. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 15. Approval of CI P #24-530 Check Scanning Software for the Brazos County Tax Office with RT Lawrence. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 16. Replat of 7-11 Ranch Phase 1, Lot 1 R-1 to Request Setback Variance. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 17. Approval of resubmittal of the Final Plat of Prairie Ridge Estates Phase 2 which corrects a title block error on previous plat submitted to the October 10, 2023 Commissioners' Court Agenda. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 18. Consider and take action on the Metro F ibemet, LLC utility permit to install 5,700 feet of conduit and fiber optic lines within the right of way of Mumford Road from the Bryan City Limit line to Keystone Drive. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 19. Consider and take action on the Metro F ibemet, LLC utility permit to install 2,500 feet of conduit and fiber optic cable within the right of way of W. 28th Street from Quality Park Lane to 2,500 feet southeast. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Wanda J . Watson, Seconded by Commissioner. Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 20. Budget Amendments. • FY 22/23 Budget Amendments 53.01 - 53.05 • FY 23/24 Budget Amendments 4.01 - 4.02 FY 22/23 Budget Amendments 53.01 - 53.05 53.01 Reallocate Health and Life Insurance funds. 53.02 Reallocate Brazos Valley Human Trafficking Task Force Development grant funds. 53.03 Reallocate funds for Exposition Complex. 53.04 Reallocate funds for Sheriffs Office -Administration. 53.05 Reallocate funds for District Attorney. FY 23/24 Budget Amendments 4.01 - 4.02 4.01 Transfer2020 Hail Repair funds to Sheriff's Office -Administration. 4.02 Reallocate funds for Metropolitan Planning Organization. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 21. 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 Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 22. Payment of Claims. Claims 8125362 — 8125478 9008814 — 9008862 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 23. Convene into Executive Session pursuant to Texas Government Code §551.087 for deliberation regarding economic development negotiations. At this point, the County Judge announced the Court would consider items 25 through 28 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:33 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.087 as stated above. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Kimberly Roach, I ntergovernmental Liaison Katie Conner, County Auditor 24. Consider and possible action on Executive Session. At 10:50 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 25. Acknowledgement of FY 2023-2024 Budget to Actuals by Fund as of October 18, 2023. Acknowledgment of FY 2023-2024 Contingency Budget to Actuals as of October 18, 2023. The Court acknowledged receipt of the 2023-2024 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of October 18, 2023. 26. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 36 juveniles in the detention center, 25 are male and 11 are female, and 29 have electronic monitors. 27. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 734 inmates in jail, 623 inmates are male, 111 are female and 51 have electronic monitors. 28. Announcement of interest items and possible future agenda topics. Commissioner Berry announced that early voting has begun and listed the available polling locations. Commissioner Konderla encouraged the community to attend the TXDOT open house at Legends Event Center on October 25th, to discuss Interstate 14 and 214. Commissioner Aldrich congratulated the Exposition Complex on another great year hosting the Brazos County Fair and Rodeo. He noted that he was particularly impressed with the security at the event. 29. Adjourn. Pg —1 of BRAZOS COUNTY COMMISSIONER'S COURT aW DAY OF a Name (PLEASE PRINT) --� �I `i Qu r a� ✓� iJ 20 ,D,--3 Organization (PLEASE PRINT) (2-y 1-7Z& el- 4f M C Y5c s� G `S Pg-2-of--U BRAZOS COUNTY COMMISSIONER'S COURT �V'-'DAY OF D.,v0 Name (PLEATorSE PRINT) �� ' 3 1<4eL5w Wa Afluolt CullLtcc-, A)- ) C L' CA Oz/J �J I�M�R �L,V- L't 20 P-3 Organization (PLEASE PRINT) iRI cJ sue( .5Jorz -47 —v LJ;c-- Pg'�, of BRAZOS COUNTY COMMISSIONER'S COURT 24"DAY OF 0 ,L b=, , 20_ a3 /PM, Name (PLEASE PI/T, Organization (PLEASE PRINT) 4— Cl T r & cZ-W-11 Q,C L l (�tl= - L-LA ens-( CAL" L *-,z l�(- ifr� c4- Pg4-of(, BRAZOS COUNTY COMMISSIONER'S COURT DAY OF C+o be� , 20 2 0 : u0 A /PM, v Name (P EASE PRINT) A�mx�,�,s S�Mwy" It,�;IA f--A�V5 - h �k Le , �Aoc: E Cwy.r� ( [,�, I tJ Cj L:i rVA S W z-- N ko �p, ftreC� 1�dIc- L ANsoo ttw N� aS, Df-, wr�k � Organization (PLEASE PRINT) 2 `� rl cCLI 5-cj� � S�\ %c ofz-m r-�Arfe� � ob &bAat Pg 5 of BRAZOS COUNTY COMMISSIONER'S COURT ,)-'-r 20 �3 DAY OF C �-� , 0 00 A /PM, Name (PLEASE PRINT) Organization (PLEASE PRINT) Tr's Excel C p��r�s►�c� Pg L- of b BRAZOS COUNTY COMMISSIONER'S COURT .2q' DAY OF Oct , 20 a3 A /PM, Name (PLEASE PRINT) 8) 1)14 � u55 -QDy-)cL d L c ��(( w,,, Organization (PLEASE PRINT) /n�t l Z. - Ark s� co . r ti RES01UTION Honoring Tiffiany Newton WHEREAS, On July 15, 1997, Tiffiany Newton began working as Deputy Clerk for the Brazos County District Clerk; and WHEREAS, Tiffiany Newton was a humble and kind clerk that provided customer service to all in many duties of a clerk; and WHEREAS, On August 21, 2006 Tiffiany Newton transferred to the Brazos County Court at Law No. 1 to serve as the Administrative Secretary and Civil Coordinator; and WHEREAS, Tiffiany Newton extended excellent customer service to other departments, agencies, and litigants treating everyone with dignity, courtesy and respect; and WHEREAS, Tiffiany Newton maintained the civil caseload, managed the court's expenses and supported co-workers to assure the smooth operation of the office; and WHEREAS, Tiffiany Newton always demonstrated the highest level of professionalism and service in Brazos County; and WHEREAS, Tiffiany Newton has decided to retire effective October 31, 2023 to fulfill her dream of working in the Medical Field since she was able to obtain her Masters in May, 2023. NOW THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County takes this opportunity to honor Tiffiany Newton and thank her for her years of service to Brazos County, and to wish her the very best in her retirement and in the next chapter that she may find as she serves Bryan -College Station. DULY adopted by vote the Commissio ers Co of Brazos County, Texas on the a`¢" day of October 2023. /J Duane Peters. County Judae Steve Aldrich, Pct. 1 Commissioner Nancy Ber Pct. 3 Oom!m�Zssioner Chuck Konderla, Pct. 2 Commissioner Wanda J. Wa so ct. 4 Commissioner BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Julie Schultz to the BVEDC Board of Directors The term of this appointment is October 1, 2023 through September 30, 2024. to Duane Peters Date County Judge BRAZOS COUNTY BRYAN,TEXAS ORDER TO EXTEND PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Local Government Code, Chapter 352, a drought condition exists or has existed in Brazos County, Texas as determined by Texas Local Government Code Chapter 352; and, WHEREAS, the Commissioners Court makes a finding that circumstances present in all or part of the unincorporated area of Brazos County create a public safety hazard that would be exacerbated by outdoor burning. BE IT THEREFORE ORDERED that the following regulations are hereby established for all unincorporated areas of Brazos County, Texas for the duration of the above mentioned declaration; 1. Action Prohibited: A person violates this order if he or she burns any combustible material outside of an enclosure serving to contain all flames and/or sparks, or orders such burning by others. Enforcement: A. As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. B. Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. C. If in the opinion of the officer at the scene and/or the fire chief, the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatcher's log containing the time, date, and place of the warning, and the name of the person receiving the warning. 3. At the discretion of the peace officer or the fire chief, second or flagrant violations of the order may be prosecuted in accordance with the statutes and procedures governing misdemeanors. This Order prohibiting Outdoor Burning takes effect on October 25, 2023 and will expire on January 25, 2024 unless terminated earlier by the Commissioners Court or the County Judge. The Commissioners Court hereby designates to the County Judge the authority to terminate this Order in accordance with Local Government Code Section 352.081(c)(2). This prohibition does not apply to prescribed outdoor burning activities related to public health and safety and/or trench -burning related to public health and safety that are authorized by the Texas Commission on Environmental Quality for: (1) firefighting training; (2) public utility; (3) natural gas pipeline or mining operations; (4) planting or harvesting of agriculture crops; or (5) burns that are conducted by a prescribed burn manager certified under Section 153.048 of the Texas Natural Resources Code, and meet the standards of Section 153.047 of the Texas Natural Resources Code. 6. Exception(s): A. Welding Welding may be allowed under the following guidelines only: Provide a spotter for each welder, each cutter, each grinder, and for any activity that causes or may cause a spark. Maintain a minimum perimeter around the welding area of a radius of 25 feet or three times the height of the actual welding, whichever is greater. (Example: if the welding is occurring ten feet off the ground, a perimeter of thirty (30) feet radium must be protected). The perimeter must be clear of vegetation and kept wet. If the perimeter cannot be cleared of vegetation, proper precautionary measures must be taken (Example: protecting brush, etc.. by utilizing fire resistant tarps). • Maintain a minimum of 100 gallons of water at the site. • Maintain a minimum of one (1) water pressure fire extinguisher per spotter. • No weldingshall occur if winds are greater than 20 mph or relative humidity is less than 30%. • Prior to conducting any welding activity, the welder shall give notice to the Brazos County Risk Manager and Brazos County Emergency Services (979-361-3888). The notice may be by phone but shall give the name of the welder conducting the welding operation, the location of the operation, cell phone number of other contact information, and the name of party responsible. B. Outdoor Cooking All outdoor cooking or open flame devices are prohibited. • Unless the cooking device is propane or natural gas and has a complete and full enclosure that it utilizes at all times. • Unless the cooking device is wood or charcoal and has a complete and full enclosure that is utilized, and all areas around cooking device shall be clear of vegetation and/or combustible materials or debris for a 5' radius. BE IT ALSO ORDERED that this order may be enforced by any duly commissioned peace officer and that the venue for prosecution of this order will be the Justice of the Peace. APPROVED this 2 L� .dayof vGiat(� 20a3. Duane Peters. County Judge Steve Aldrich, Commissioner. Precinct 1 Nancy Berry, Ommissioner. Precinct 3 huck Konderla. 'ommissioner. Precinct 2� . Wanda J. Watson. Commissioner. Precinct 4 ECONOMIC DEVELOPMENT AGREEMENT BETWEEN BRAZOS COUNTY AND VIASAT, INC. MUTUAL TERMINATION This Termination Agreement ("Agreement") is entered into by and between Brazos County, a political subdivision of the State of Texas (the "County"), and Viasat, Inc., a Delaware corporation ("Viasat"). WHEREAS, the County and Viasat entered into a Chapter 381 Economic Development Incentive Agreement (the "EDA") dated December 27, 2016;,and WHEREAS, Viasat desires to end the EDA because of a change in their presence in the County and the sale of their building; and WHEREAS, the County agrees to terminate the EDA because no further incentives will be paid by the County; NOW, THEREFORE, for and in consideration of the premises and mutual covenants and promises in this Agreement, the County and Viasat (the "Parties"), agree as, follows: The Parties mutually consent to terminate the EDA and agree that: (a) neither the County nor Viasat shall have any rights, liabilities or obligations under the EDA; (b) no other incentives or money is due or owed by the County to Viasat; (c) Viasat has no claim or interest in any other incentives or money from the County; and (d) the County has no claim against Viasat. EFFECTIVE DATE and EXECUTED on thisoV day of ® Gr0 8 M , 2023. Name: Robert Rota Title: VP Facilities & Security Date: 0 G BRA OUNTY By: Name: Du a N Fz PE r a. (ZS Title: C oL N-ry Zk&nro Date: Ob-C'0 P 0- oZ 4l a D a 3 By: _ Name: Title: Date: �m_ Vasa .. 6155 El Camino Real Carlsbad, CA 92009, USA Tel: (760) 931-5714 October 12, 2023 Brazos County Attn: Bruce. L..Erratt, General Counsel 200 S. Texas Ave., Ste. 329: . Bryan, Texas 77802 RE: Mutual Termination Agreement Dear Bruce: For your records,- please find enclosed a signed original of the Termination Agreement to be entered into between Viasat, Inc. and Brazos County, which will serve to terminate the Chapter: 381 Economic Development Incentive Agreement dated December 27, 2016 upon. countersignature by Brazos County. .Please let me know if there are any questions. Thank you for your attention to this matter. Sincerely, J~ D laire' Drucker Associate General 'Counsel .Encl. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND ARTS COUNCIL OF BRAZOS VALLEY THIS AGREEMENT FOR THE FUNDING ("Agreement') is made and entered into by and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ("ACBV"), and Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ("County"). RECITALS; WHEREAS, County finds a public purpose in creating awareness of the fine arts among members of the public; and WHEREAS, ACBV provides assistance to local arts organizations of the County through funding support, advocacy, outreach, marketing and partnership building; and WHEREAS, ACBV provides programs involving education, cultural enrichment and heritage preservation of and for Brazos County residents and visitors; and WI IEREAS, ACDV provides educational programs and opportunities to children, youth, adults and seniors through providing arts related programs, scholarships for young people, assisting County arts organizations in the development and institution of said educational programs; and WHEREAS, ACBV fosters creative learning, community involvement, quality of life and tourism through said above listed programs and activities; and WHEREAS, ACBV provides and maintains a public cultural facility and provides funding to member organizations, in part, for facilities acquisition and upkeep; and WHEREAS, ACBV through its funding programs has provided benefit to Brazos County, Texas through programs attracting over 100,000 participants, and resulting in significant purchases of goods and services from Brazos County, Texas merchants; and Arts Council of Brazos Valley Agreement Page 1 of 6 WHEREAS, ACBV has provided funding to assist local performing, visual, educational, and literary arts groups, (collectively "Services"). NOW, THEREFORE, COUNTY and ACBV hereby agree as follows: AGREEMENT ACBV through its programs, funding and support of member organizations agrees to provide the above enumerated services, which it has provided and agrees to continue to provide in support of arts, cultural and heritage organizations. 2. County, for and in consideration of the services provided to County, hereby agrees to pay to ACBV a total payment of $10,000.00 ("Funds") for the year beginning October 1, 2023 and ending September 30, 2024. Payment of such sum will be paid upon receipt of invoice. 3. ACBV agrees to provide an annual account of how the Funds were spent to meet the above -described services. ACBV agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. 4. ACBV agrees to provide Brazos County Commissioners Court with a table at the Celebrate the Arts Event and shall recognize Brazos County as a sponsor of the event. 5. ACCOUNTING AND AUDIT ACBV agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. ACBV agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. ACBV agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. ACBV agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the ACBV under prior Agreements. Arts Council of Brazos Valley Agreement Page 2 of 6 Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of ACBV. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the ACBV annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the ACBV. Annual financial statements (audited if available) are due to County within six (6) months of completion. 6. RECORD RETENTION The ACBV shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with Federal and State law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the ACBV with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County if it so desires. 7. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities, or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. 8. INSURANCE Arts Council of Brazos Valley Agreement Page 3 of 6 The parties hereto agree that the ACBV shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. 9. COUNTY INVOLVEMENT The County and ACBV state that to the best of their knowledge, no officer, agent, or employee of the County who exercises any functlon or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. 10. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 11. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Arts Council of Brazos Valley 4180 Highway 6 South College Station, TX 77845 Brazos County Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 Arts Council of Brazos Valley Agreement Page 4 of 6 12. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 13. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 14. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. Arts Council of Brazos Valley Agreement Page 5 of 6 15. ASSIGNABILITY This Agreement is not assignable by the ACBV without the prior written consent of the County. WITNESS OUR HANDS this 2k'—'%ay of OM�ff , 2023. Arts Council of Brazos Valley, Inc. Brazos County, Texas By: / l By: she'ree,$oegner, Executive Director Duane Peters, County Judge v . By: G' I Attest: *Kare Grover Vos, President McQueen, County Clerk Arts Council of Brazos Valley Agreement Page 6 of 6 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 THIS AGREEMENT FOR FUNDING ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 (hereinafter "District"), located in Bryan, Texas, and is effective October 1, 2023. RECITALS WHEREAS, the District, and County do hereby enter into a contractual agreement for the District to provide soil and water conservation services to the residents of Brazos County and to the County proper. The District as the recipient, shall furnish to the County's Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the County Auditor to properly account for all funds expended or received by the District; and WHEREAS, those services will include, but not be limited to, erosion control, water management, and rural development ("Services"). This will be carried out by planning and application through informal agreements with land users, or, as required by Federal or State law. An information and recognition program will be used to inform the public. Technical assistance is utilized through a Memo of Understanding between the District and the USDA - Natural Resources Conservation Service; and WHEREAS, erosion control will keep the land productive for its various uses for many generations. Sediment resulting from erosion clogs our local streams reducing water carrying capacity and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into our local streams and rivers. Conservation practices consist of erosion control structures, erosion control ponds, gully shaping, diversions, vegetating old fields, proper management of grazing resources; and WHEREAS, water management includes recommendations for proper irrigation, flood control, and water quality. Irrigated crops account for 75% of all water used. Proper irrigation saves that resource for tomorrow's uses including domestic consumption. Proper irrigation helps to keep agriculture pollutants from entering underground water supplies. Conservation practices include total evaluation of irrigation systems and application procedures, precision land leveling, and underground pipelines. Water management includes floodplain management; and WHEREAS, the District's role in rural development in Brazos County is in providing fire protection utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal, as well as provide a reliable source of water to fight rural fires. Farm ponds provide the water, and we plan the dry hydrant system. The District is evaluating the use of artificial wetlands to replace septic tank filter fields. The prospects are very promising, but much work remains to be done before this technology can be implemented. Water quality in rural Brazos County will be greatly enhanced if this method can be used. WHEREAS, the District and the County have interacted ever since the inception of the District in 1942. Many conservation problems affect not only the individual landowner but the County itself. NOW THEREFORE, the parties agree to the following terms and conditions. AGREEMENT PAYMENT AMOUNT FOR FY 2024 County hereby agrees to pay the District a total payment of $5,000.00 ("Funds") for the year beginning October 1, 2023 and ending September 30, 2024 for services provided to the County. Payment of such sum will be paid upon receipt of invoice. ACCOUNTING AND AUDIT The District agrees that Brazos County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The District agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. The District agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The District agrees that Brazos County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the District under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the District. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the District annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the District. Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities, or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the District shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. COUNTY INVOLVEMENT The County and District state that to the best of their knowledge, no officer, agent, or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos County SWCD Brazos County Commissioners Court 3833 South Texas Avenue #112 200 South Texas Avenue, Suite 310 Bryan, Texas 77802 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the District without the prior written consent of the County. �c Oua-a 3 (DATE) ' Duane Peters, County Judge Brazos County, Texas ATTEST: - &2z - K ren McQueen, Brazos my Clerk (DATE) Kent Dun , hairman Brazos County SWCD #450 Legislative Certifications Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. Company Name: Brazos County Soil & Water Conservation District #450 Authorized Company Representative: Kent Dunlap Address: 3833 S. Texas Av. Suite #112 , Bryan TX 77802 Signatur Date: O Contract #: 24-054 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY FOOD BANK, INC This Funding Agreement ("Agreement"), effective October 1, 2023, by and between Brazos County, hereinafter called the "County", and the Brazos Valley Food Bank, Inc., hereinafter called the "Food Bank". RECITALS WHEREAS, the Food Bank acquires food for distribution through other nonprofit agencies to moderate and low-income persons who are food insecure and at risk of hunger and malnutrition; and WHEREAS, the purpose of the County is to ensure that all children, individuals, families, and seniors, especially those who are moderate to low-income, are food secure, meaning that people have access at all times to enough food for an active, healthy, and productive life. NOW THEREFORE, both the County and the Food Bank enter into this Agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations and, in consideration of promises, covenants, terms and conditions herein contained, the parties mutually agree to the following: AGREEMENT TERM OF AGREEMENT: The term of this Agreement shall be for a period of approximately one (1) year beginning on October 1, 2023 and terminating on September 30, 2024. FUNDING: The County will provide funding of $8,500.00 for the beginning year of October 1, 2023 and ending September 30, 2024 to the Food Bank to the benefit of the moderate- and low-income citizens of the community. Payment of such sum will be paid upon receipt of Invoice. INFORMATION FUNISHED BY FOOD BANK: Food Bank agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Food Bank agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. Food Bank agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Food Bank agrees that County, or its designated representative, shall further have the right to review and to copy any records and Brazos Vallee Food Batik, hic. Agreement Page 1 of 3 supporting documentation for prior years in which County provided funds to the Food Bank under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Food Bank. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Food Bank annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Food Bank. Annual financial statements (audited if available) are due to County within six (6) months of completion. ELIGIBILITY GUIDELINES: Food Bank will ensure that food products received from or through other agencies in furtherance of this agreement will be made available to those eligible persons as defined by the most recent eligibility guidelines established by the State of Texas and its responsible agencies. Food Bank will verify recipient income eligibility by either requiring proof of income or by self -certification that recipient(s) meets income guidelines. RECORDS: Food Bank agrees to complete intake and assessment on eligible households and maintain all records for a period of three (3) years. FITNESS FOR HUMAN CONSUMPTION: Food Bank accepts full responsibility for the purity and fitness for human consumption of any and all items distributed in its name or through other entities or agencies with which it may contract. LIABILITY DISCLAIMER AND RELEASE AGREEMENT: Food Bank releases County and holds it free and harmless against all and any liabilities, damages, losses, claims, causes of action and lawsuits or equity obligations whatsoever arising out of or attributed to any distribution and use of foods. ASSIGNMENT: Food Bank may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of County. FISCAL FUNDING CLAUSE: The obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Bravos Valley Food Bank, Inc. Agreement Page 2 of 3 Agreement by written notice to the Food Bank at the earliest possible time under the circumstances. DEFAULT: Any violation or breach of the provisions herein may result in termination of this Agreement. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. SEVERABLITIY: In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. SIGNED this oAm BRAZOS COUNTY day of 0���U , 2023. BRAZOS VALLEY FOOD BANK, INC. Duane Peters, County Judge T sa Ma gapora, Ex dutive Director o/14/LnA Date ATTEST: Date Karen McQueen, County Clerk �. Brazos Valley Food Bunk, hic. Agreement Page 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 If there are Interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 If there are no Interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business, 2023-1082820 Brazos Valley Food Bank Inc Bryan, TX United States Date Filed: 10/12/2023 2 Name of governmental entity or state agency that is a party to the contract for which the forms being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract, 24-041 food assistance to eligible populations in Brazos County 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only If there is NO Interested Party. ❑X 6 UNSWORN DECLARATION My name is ^- ,t l R Y1 i; % t' r " and my date of birth Is 3 3 33 f i LjJ CMIJI G,% My address Is � 11' ` `� (a•{ (` c�•l` �.�, � %C, � � �/ �'�� f ato (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing Is true and correct. Executed in 1Z ` k 2 �` S County, State of � , on the { Z day of G 1' 20 7" (month) (year) i ig ature of thorized agent of ntracting business entity (Declaran Fnrmc nrnvirfprf by Tpxas Fthirs Commission vAM.ethics.state.tx.us Version V3.5.1.0183824 Legislative Certifications Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, Including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Respo se and state why the certification is not required. Company Name: �� `zGt coS ��'�� L p Y ��(p► Authorized Company Representative: AW Y4 Address: 15191 l Kl eoce Awi -!� -�t4Gw Ti 1406 Signature: ✓ ��iv Date: �01 1-1l Z v c Contract FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND HEALTH FOR ALL, INC. THIS FUNDING AGREEMENT ("Agreement") effective October 1, 2023 is entered into by and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Health for All, Inc. (hereinafter "Service Provider"), located at P.O. Box 5913, Bryan, Texas 77805, RECITALS WHEREAS the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 of the Texas Health and Safety Code, the County is the payor of last resort for the provision of basic health care services to eligible indigent county residents; and WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT 1. Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October 2023 and terminating 30th day of September 2024. 2. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. 3. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational information, information on sources of prescription medication and/or access to "sample" or subsidized medications, coordination of physician care during hospitalization (collectively "Services"). Health For All Agreement Page 1 of 15 4. Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide support for the increase in providers, operations, and access to healthcare. The primary goal of the project is to expand the capacity at the free clinic thereby improving access to chronic disease management and preventive services for the indigent population in the region. The County and Service Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to eligible indigent applicants and help expand access to primary care clinic space, hours, and clinic staffing and that trained personnel of Service Provider is designed to accomplish these goals. Funds will not be used to purchase or build a clinic or office, nor will they be used to purchase land. 5. County's Payment The County agrees to provide the Service Provider a maximum sum of $30,000.00 ("Funds") for the term of this Agreement to be paid in equal installments quarterly upon receipt of invoice. 6. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 6.1 Completing all necessary application forms to potentially eligible indigent individuals. 6.2 Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 6.3 Maintaining this Agreement. 6.4 Provision of the Service Provider's Services as defined herein. 6.5 Maintaining data files on clients/patients and the Services provided thereto. 6.6 Responding to all and any inquiries by the County regarding the Service Provider and its Services. 6.7 Assisting the County with information needed for audit purposes. 6.8 Providing the County with quarterly financial statements. 6.9 Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. 6.10 Providing financial statements evidencing how County funds are spent. Such Health For All Agreement Page 2 of 15 statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 6.11 Providing the County with statistics evidencing the number of Brazos County residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. 7. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County if it so desires. 8. Accounting and Audit The Service Provider agrees that County, .or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements.. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. 9. Discrimination The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, 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; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Health For All Agreement Page 3 of 15 Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 10. Confidentiality The Service Provider shall comply with applicable local, State and Federal statutes, laws, and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. 11. Health Insurance Portability and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. 12. Indemnity The Service Provider agrees to and shall indemnify and 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 any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. 13. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. 14. Independent Contractor Health For All Agreement Page 4 of 15 In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. 14.1 The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees, and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. 14.2 The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. 15. Licensing The Service Provider is required to maintain all applicable practice medicine. All permits to or certification necessary to op clinics shall also be maintained. Brazos County. 16. Events of Default: Copies of any applicable licenses The following shall be considered events of default: licensing permits to erate the Provider's are to be filed with 16.1 Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. 16.2 Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. 16.3 Cancellation of Service Provider's medical malpractice insurance. Health For All Agreement Page 5 of 15 Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. 17. Right of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. 18. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 19. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Health for All, Inc. C/O Executive Director P.O. Box 5913 Bryan, Texas 77805 20. Further Assurances Brazos County C/O Commissioners Court 200 S. Texas Ave., Suite 310 Bryan, Texas 77803 Health For All Agreement Page 6 of 15 Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 21. Severability In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 22. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. 23. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. 24. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. 25. Notice of Change 25.1 The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. 25.2 In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. Health for All Agreement Page 7 of 15 26. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. 27. Sovereign Immunity This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and State law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third -party beneficiary. 28. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. 29. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. 30. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been Health Far All Agreement Page 8 of 15 executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 31. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER BRAZOS COUNTY, TEXAS Duane Peters County Judge ATTEST: Karen McQueen, County Clerk 10/16/2023 Date I o /ail- /� o 0q3 Date Health For All Agreement Page 9 of 15 BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT Acknowledgment of HIPAA Obligations and Other Regulations Implementing the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 4.1320(d) ("HIPAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: Use of Protected Health Information ("PHI"). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and Health For All Agreement Page 10 of 15 disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and ensure that all disclosures of PHI are subject to the principle of "minimum necessaryuse and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures, or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. Data Aggregation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. De -identified Information. Use and disclosure of de -identified health information is permitted, but only if (1) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de -identification is in compliance with 45 CFR §164.502(d), and any such de -identified health information meets the standard and implementation specifications for de -identification under 45 CFR §164.514(a) and (b). Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the Health For All Agreement Page 11 of 15 amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. Withdrawal of Consent or Authorization. In the absence of applicable court orders governing the Business Associate's responsibilities, if the use or disclosure of PHI in this agreement is based upon an individual's specific consent or authorization for the use of his or her PHI, and the individual revokes such consent or authorization in writing, or the effective date of such authorization has expired, or the consent or authorization is found to be defective in anv manner that renders it invalid, Business Associate shall, if it has notice of such revocation, expiration or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure, or where an exception under the Privacy Rule expressly applies. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI ' received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested by Covered Entity. Individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under 45 CFR §164.524. The Covered Entity is required to take action on such Health For All Agreement Page 12 of 15 requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost -based fee for copying health information may be charged. Individual Right to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. Accounting of Disclosures. Business Associate agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12-month period; however, a reasonable, cost -based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. Such accounting shall be provided as long as Business Associate maintains the PHI. Health For All Agreement Page 13 of 15 Internal Practices, Books, and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on. behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs, and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents, and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules, Business Associate agrees to mitigate any damage caused by such breach. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. Health For All Agreement Page 14 of 15 Reference. Any reference in this Section entitled "Use and Disclosure of PHI" means the section of the Privacy Rule or the Security Rule, as applicable, as in effect or as amended. Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHI" from time to time in order to allow Covered Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. Precedent and Ambiguity. If any term of this Section entitled "Use and Disclosure of PHI" conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI" shall be resolved to permit Covered Entity to comply with the HIPAA Rules. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHI" shall survive the termination of this Agreement. Accepted: Business As` a=i e — Health for All, Inc., Executive Directo Health For All Agreement Page 15 of 15 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2023-1083822 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Health For All, Inc. Bryan, TX United States Date Filed: 10/16/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County Commissioners Office Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 24-043 Health care for low-income uninsured residents of Brazos County 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Parry. ❑ X 6 UNSWORN DECLARATION My name is i 2ab-L+ and my date of birth is 0 My address is t7y lr .�r� ,��— I I l ! f "0' 2 (street) ci y) —(state) (zip code) (country) I declare under perjury that the foregoing is true and correct. 2penalty )of Executed in County, State of on the day of I Q . 20—L2. (year) Signs ure o orized agent of co cling bus ss entity (Declarant) =ormS Drovided by Texas Fthics Cnmmiccinn 1AAARA, cthi— t.t. tv Legislative Certifications Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. Company Name: Health For All, Inc. Authorized Company Representative: Elizabeth N. Dickey Address: 3030 E 29TH Street, Suite 111 Bryan, TX 77802 Signatu 11 Contract #: 24-043 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND NORTH BRYAN COMMUNITY CENTER THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners hereinafter referred to as ("County") and the NORTH BRYAN COMMUNITY CENTER, hereinafter referred to as ("Center") a non-profit organization dedicated to the improvement of Brazos County, and is effective October 1, 2023. RECITALS: WHEREAS, the Center conducts youth programs and activities within Brazos County; and WHEREAS, the purpose of the Center shall be to provide opportunities for youth to grow as productive citizens of our communities; WHEREAS, the County recognizes that the Center serves a public purpose in educating the youth of our community and desires to support the Center through the provision of County funds. NOW, THEREFORE, both parties agree to the following terms and conditions: AGREEMENT 1. FUNDING The Center will be funded by the County in the amount of $50,000.00("Funds") for the term of this Agreement to be paid in quarterly installments upon receipt of invoice. 2. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on the 1" day of October 2023 and terminating on the 301h day of September 2024. 3. ACCOUNTING AND AUDIT The Center will provide the County with quarterly financial statements no later than 30 days after each quarter to receive payment. The Center agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. In the event it is determined by Brazos County Commissioners Court that the Funds provided herein by the County to the Center have not been expended in comportment with this Agreement, this Agreement shall automatically terminate, and the Center may be required to return such Funds that were not properly expended. The Center agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Center agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. The Center agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Center agrees that County, or its designated representative shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Center under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Center. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall identify issues that might not otherwise require disclosure in the Center annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Center. 4. RECORD RETENTION The Center shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Center with funding. 5. INDEMNITY The parties agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities, or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. 6. INSURANCE The parties hereto agree that the Center shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. 7. COUNTY INVOLVEMENT The County and the Center state that to the best of their knowledge, no officer, agent, or employee of the County who exercise any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest, direct or indirect, in this Agreement. 8. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement fare performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 9. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail to the other party at the following addresses: Brazos County Commissioners Court 200 S. Texas Ave., Ste. 310 Bryan, Texas 77803 North Bryan Community Center 705 N Houston Ave. Bryan, TX 77803 10. IMMUNITY As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. 11. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 12. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. 14. ASSIGNABILITY This Agreement is not assignable by the Center without the prior written consent of the County. WITNESS OUR HANDS this a44t' day of�I.JL�-Tvr-�eeeCr 2023. North Bryan Community Center Brazos Texas B eters, County Judge Attest: Karen McQueen, County Clerk Legislative Certifications Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. Company Name: Authorized Company Representative: Address: 2Q66: J. 4 .PU9 l gVG. ;3dV A bg T)C % % ?0 3 Signature: Date: Contract #: — (' CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 1 Name of business ent(ty filing form, and the city, state and country of the business entity's place of business. 2023-1082303 North Bryan Community Center Bryan, TX United States Date Filed: 10/11/2023 Date Acknowledged: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. North Bryan Community Center 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 24-060 The North Bryan Community Center is a tax-exempt organization under 501c3 of the Internal Revenue Code. The purpose of the Center is to provide a multipurpose center for the community. Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary North Bryan Community Center Bryan, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is �/t y� and my date of birth is _,r" My address is ! O� �i 1 i %n �K ,2u/CT (street) (ci ) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Af Executed in County, State of on the day of, 20AJ. If (month) (year) Sidmture of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.etnics.state.tx.us version v,3.*.l.t5u4coui1 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY RAPE CRISIS CENTER, INC. DBA SEXUAL ASSAULT RESOURCE CENTER THIS FUNDING AGREEMENT ("Agreement') IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS COUNTY RAPE CRISIS CENTER, INC., dba Sexual Assault Resource Center (hereinafter "Provider"), located in Bryan, Texas, and is effective October 1, 2023. RECITALS: WHEREAS, the County has the objective of providing support services to the victims of sexual assault; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to victims of sexual assault through funds provided by the County. NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12) months commencing on the is' day of October 2023 and terminating 30t' day of September 2024. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide services to victims of sexual assault and their families. These services will include: a 24-hour hotline and 24-hour escort service; one-to-one counseling; group counseling; community awareness programs; Speaker's Bureau; training and supervision of volunteers; training for law enforcement agency personnel, the medical community, clergy, staff of the District Attorney's office and psychologists (collectively "Services"). Sexual Assault Resource Center Agreement Page I of 12 USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein be used to offset operational expenses of the Provider, including rent, telephone expenses, and office supplies. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider a total $45,000.00 ("Funds") for the term of this Agreement for the year beginning October 1, 2023 and ending September 30, 2024. Payment of such sum will be paid upon receipt of invoice. RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. 5. Provider agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees. who might reasonably have information related to such records. Provider agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Provider. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Sexual Assault Resource Cenrer Agreement Page 2 of 12 Court. The management letter shall identify issues that might not otherwise require disclosure in the Provider's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 7. Provider will provide the County with any and all certified audits conducted by Provider and the management letter prepared in connection therewith; 8. Provider will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services. Statistics from October 1, 2022 through September 30, 2023 must be submitted prior to payment. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County Funds. 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Provider with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Sexual Assault Resource Center Agreement Page 3 of 12 Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities, or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent, or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. TERMINATION Provider or County may unilaterally terminate this Agreement, at any time and for any reason, or no reason, by giving the other sixty (60) calendar days prior written notice. In the event of termination Provider agrees to return funds to County of a pro rata basis based on a twelve (12) month calculation. Sexual : tssault Resource Center Agreement Page 4 of 12 NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos County Rape Crisis Center, Inc. P.O. Box 3082 Bryan, Texas 77805 Confidential Physical Location: 3131 East 29th Street, Bldg C, Bryan, TX. Brazos County Commissioners Court County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained' herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. Sexual Assaull Resource Censer agreement Page 5 of 12 DATED this d� I day of �l�l Uf-/ , 2023. Brazos County DUANE PETERS, County Judge ATTEST: Brazos County Rape Crisis Center, Inc. dba Sexual Assault Resource Center MIKE REILLY, Board Pr ids ATTEST: S��t� KAR'EN McQUEEN, Cou Clerk LINDSEY LeBLANC, Executive Director Sexual Assa►rb Resource Cenrer Agreement Page 6 of 12 EXHIBIT A BRAZOS COUNTY PROVIDER AGREEMENT A. Acknowledament of HIPAA Obligations and Other Regulations Implementing the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 41320(d) ("HIPAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Provider" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. B. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Provider on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules. C. Provider Obligations. Provider agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: 1. Use of Protected Health Information ("PHI"). Provider shall not use PHI except as necessary to fulfill the purposes of this Agreement. Provider is permitted to use and disclose PHI as necessary for the proper management and administration of Provider or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Provider shall in such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; Sexual Assault Resorare Center Agreement Page 7 of 12 (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties. If Provider discloses PHI received from Covered Entity or created or received by Provider on behalf of Covered Entity, to agents, including a subcontractor, Provider shall require the agent to agree to the same restrictions and conditions that apply to Provider under this Agreement. Provider shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Provider shall be fully liable to Covered Entity for any acts, failures, or omissions of the Agent in providing the services as if they were Provider's own acts, failures, or omissions, to the extent permitted by law. Provider further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Provider works for more than one Covered Entity, Provider is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De -identified Information. Use and disclosure of de -identified health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de -identification is in compliance with 45 CFR §164.502(d), and any such de -identified health information meets the standard and implementation specifications for de -identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Provider shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Provider such Sexual Assault Resource Cenler Agreement Page 8 of 12 Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Provider relied prior to such notice. 6. Withdrawal of Consent or Authorization. In the absence of anWicable court orders governing the Provider's responsibilities, if the use or disclosure of PHI in this agreement is based upon an individual's specific consent or authorization for the use of his or her PHI and the individual revokes such consent or authorization in writing. or the effective date of such authorization has expired, or the consent or authorization is found to be defective in any manner that renders it invalid. Provider shall, if it has such use or disclosure, or where an exception under the Privacy Rule expressly applies. 7. Use or Disclosure That Would Violate HIPAA. Provider is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. 8. Safeguards. Provider shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Provider shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Management. Upon termination of this Agreement, Provider agrees to return or destroy all PHI received from Covered Entity that Provider maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Provider agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. If Provider maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Provider agrees as follows: (a) Correction of PHI. Provider agrees that it will amend PHI maintained by Provider as requested by Covered Entity. (b) Individual Right to Copy or Inspection. Provider agrees that, if it maintains PHI in a designated record set for the Covered Entity, it Sexual Assardt Resorure Center Agreement Page 9 of 12 will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Provider agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Provider and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost -based fee for copying health information may be charged. (c) Individual Right to Amendment. Provider agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Provider maintains a record in a designated record set that is not also maintained by Covered Entity, Provider agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accountina of Disclosures. Provider agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Provider agrees to use its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must .be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12-month period; however, a reasonable, cost -based fee may be charged for subsequent accountings if Provider informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. Sexual Assaull Resource Centerilgreement Page 10 of 12 (c) Such accounting shall be provided as long as Provider maintains the PHI. D. Internal Practices. Books. and Records. Provider shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Provider on behalf of the Covered Entity to the U.S. Department of Health and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. E. Indemnification. To the extent permitted by law, Provider agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Provider or its agents in connection with the performance of Provider's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs, and expenses of which shall be the responsibility of Provider. Covered Entity shall provide Provider with timely notice of the existence of such proceedings and such information, documents, and other cooperation as reasonably necessary to assist Provider in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. Mitioation. If Provider violates this Agreement or the HIPAA Rules, Provider agrees to mitigate any damage caused by such breach. G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Provider. H. Termination for Breach. Without limiting the termination provisions herein, if Provider breaches any provision in this Section entitled OUse and Disclosure of PHI Covered Entity may, at its option, access and audit the records of Provider related to its use and disclosure of PHI, require Provider to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is Sexual Assault Resource Center Agreement Page II of 12 necessary to ensure compliance with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. Reference. Any reference in this Section entitled "Use and Disclosure of PHI" means the section of the Privacy Rule or the Security Rule, as applicable, as in effect or as amended. J. Amendment. Provider and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHI" from time to time in order to allow Covered Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. K. Precedent and Ambiguity. If any term of this Section entitled "Use and Disclosure of PHI" conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI" shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHI" shall survive the termination of this Agreement. Accepted: Provider Brazos County Rape Crisis Center, Inc. dba Sexual Assault Resource Center Sexual Assaull Resource CenlerAgreement Page 12 of 12 Legislative Certifications Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https:/Iwww.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, and 2274.002 Texas Government Code: 1. 'Boycott Israer means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. 'Company° means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. Company Name: ��J jwk M (�ll�� 1Q SL-" u� l _, (Qfr -W-r Authorized Company Address: `AN -Saw, �kli t' \ L V Date: 121 1011� Contract #: A�A - o,-W CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-1085001 Brazos County Rape Crisis Center, Inc. College Station, TX United States Date Filed: 10/18/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 24-048 Sexual assault services- individual counseling, hotline, crisis intervention, and advocacy for survivors of sexual violence 4 Party Name of Interested P City, State, Count lace of business tY� Country �P � Nature of interest check applicable) l PP ) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is Lindsey LeBlanc and my date of birth is 11 /09/1988 My address is 7844 Luke Ct Bryan TX 77808 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Brazos County, state of TX on the 18t4lay of October , 2023 (month) (year) Signature o thorized agent of contracting business entity (Declarant) Forms nrnviried by Texas Ethics Commission www_ethics.state.tx.us Version V3.5.1.cb183824 FUNDING AGREEMENT BETWEEN TEXAS A&M UNIVERSITY SYSTEM AND BRAZOS COUNTY This Funding Agreement ("Agreement") is effective October 1, 2023 by and between THE SYSTEM OFFICES OF THE TEXAS A&M UNIVERSITY SYSTEM, (hereafter "TAMUS"), a member of The Texas A&M University System, an agency of the State of Texas, for the benefit of Easterwood Airport, and BRAZOS COUNTY, TEXAS ("County"), a political subdivision of the State of Texas. RECITALS WHEREAS, TAMUS provides the services necessary to enable local citizens to travel by private aircraft or scheduled commercial airliner, and maintains and operates the facilities at Easterwood Airport, including but not limited to the terminal, runway and all associated safety facilities and functions, for general and commercial aviation; and WHEREAS, pursuant to the TEXAS TRANSPORTATION CODE Chapter 22, the County recognizes that improving, equipping, maintaining, operating, regulating, protecting, and policing an airport is a governmental function exercised for a public purpose and that Easterwood Airport provides a public service to the County; THEREFORE, in consideration of the mutual rights, obligations and covenants contained herein, TAMUS and.County agree as follows: AGREEMENT SECTION 1 TERM OF AGREEMENT 1.01 This term of this Agreement is from October 1, 2023 through September 30, 2026 unless terminated earlier pursuant to Section 3 of this Agreement. SECTION 2 PAYMENT 2.01 County, for and in consideration of the services to be provided to County, agrees to pay to TAMUS as follows: For the first term in FY24, County shall pay $124,764.33 For the second term in FY25, County shall pay $127,259.67 For the third term in FY26, County shall pay $129,804.67 County will pay out of current revenues, the full amount due within thirty (30) days of receiving an invoice from TAMUS. Easterwood Airport Agreement Page 1 of 6 2.02 TAMUS acknowledges that any and all funds provided to TAMUS by the County under this Agreement shall be used solely for operational expenses. No funds provided by the County shall be used to purchase or repair any real property or fixtures of real property, including but not limited to building, repairing or maintaining improvements of any kind. 2.03 TAMUS acknowledges the fee fairly compensates it for the services and functions it is to provide pursuant to this Agreement. SECTION 3 TERMINATION 3.01 TAMUS or County may unilaterally terminate this Agreement, at any time and for any reason, or no reason, by giving the other sixty (60) calendar days prior written notice delivered pursuant to Section 4.01 of this Agreement. 3.02 In the event of early termination TAMUS agrees to return funds to County at a pro rata basis, based on a twelve (12) month calculation. SECTION 4 NOTICES 4.01 Notices required under this Agreement must be given by certified mail, registered mail, or personal delivery, addressed to the parties listed below. TAMUS and/or County can change this notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: TAMUS: The Texas A&M University System Vice Chancellor for Business Affairs 301 Tarrow, r Floor College Station, Texas 77840-7896 (979) 845-6000; pray@tamus.edu County: Brazos County Commissioners Court 200 S. Texas Avenue, Suite 310 Bryan, Texas 77803 (979) 361-4102 Notices transmitted by United States mail or commercial mail courier shall be deemed completed upon deposit in the United States mail or with the commercial carrier. SECTION 5 MISCELLANEOUS 5.01 Contractual Agreement: TAMUS and County expressly acknowledge this Agreement is intended and should be construed as a contract by and between TAMUS and County. Nothing in this Agreement is intended to create an agency relationship, partnership, joint venture, or any other such relationship. Easterwood Airport Agreement Page 2 of 6 5.02 Loss of Funding: Performance by TAMUS under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the "Legislature"). If the Legislature fails to appropriate or allot the necessary funds, TAMUS will issue written notice to TAMUS and TAMUS may terminate this Agreement without further duty or obligation hereunder. County acknowledges that appropriation of funds is beyond the control of TAMUS. 5.03 Non -Assignment: The County shall neither assign its rights nor delegate its duties under this Agreement without the prior written consent of TAMUS. 5.04 Non -Waiver: County expressly understands TAMUS is an agency of the State of Texas, and nothing in this Agreement is intended to be, or should be construed as a waiver or relinquishment by TAMUS of its rights to claim such exemptions, privileges and immunities as may be provided by the Constitution or laws of the State of Texas. TAMUS expressly understands that County is a political subdivision of the State of Texas and that nothing in this Agreement constitutes an express waiver of governmental immunity from liability or lawsuit. 5.05 Debt or Delinquency: Pursuant to Sections 2107.008 and 2262.903, Texas Government Code; County agrees that any payments owing to County under this Agreement may be applied directly toward certain debts or delinquencies that County owes the State of Texas or any agency of the State of Texas regardless of when they arise, until such debts or delinquencies are paid in full. 5.06 Venue and Choice of Law: This Agreement is construed under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United State of America, and venue shall be in any court having jurisdiction in Brazos County. 5.07 Dispute Resolution: Any dispute between County and TAMUS regarding this Agreement will be governed by Alternative Dispute Resolution for Use by Governmental Bodies, Chapter 2009, Texas Government Code, and any applicable Model Rules promulgated by the Office of the Attorney General and/or the State Office of Administrative Hearing of the State of Texas. Any notice of dispute tendered by County should be addressed to the Executive Vice Chancellor and Chief Financial Officer of TAMUS. Any notice of dispute tendered by TAMUS should be addressed to the County Judge of Brazos County. 5.08 Immuni : As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. 5.09 Amendment or Modification: This Agreement may be modified or amended in writing by the mutual consent of the parties with such modification or amendment being attached to and incorporated into this Agreement by this reference for all purposes. Ewterwood Airport Agreement Page 3 of 6 5.10 Information Furnished by Recipient: No later than thirty (30) days prior to the end of the Agreement term or any renewal anniversary date, TAMUS shall furnish to County's Auditor documentation establishing the use of funds received by TAMUS from the County as a result of this Agreement. TAMUS will cooperate in the provision of all necessary or relevant information requested by County's Auditor to properly account for all funds provided by County and expended or received by TAMUS as a result of this Agreement. 5.11 State Auditor's Office Right to Audit: County understands that acceptance of funds under this Agreement constitutes acceptance of the authority of the Texas State Auditor's Office, or any successor agency (collectively, "Auditor"), to conduct an audit or investigation in connection with those funds pursuant to Section 51.9335(c), Texas Education Code. County agrees to cooperate with the Auditor in the conduct of the audit or investigation, including without limitation, providing all records requested. County will include this provision in all contracts with permitted subcontractors. 5.12 Access to Records TAMUS agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. TAMUS agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. TAMUS agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. TAMUS agrees County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to TAMUS under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by County. 5.13 Annual Due Date: Annual financial statements (audited if available) are due to County within six (6) months of completion upon request. 5.14 Public Information Act: Both parties acknowledge that they are obligated to strictly comply with the Texas Public Information Act, Chapter 552, Texas Government Code (the °PIA"), in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law. 5.15 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this agreement hereby represent that they have full authority to sign on behalf of their respective governmental bodies. 5.16 Savings Clause: If one or more provisions or terms contained in this Agreement shall, for any reason, be held invalid, illegal, or otherwise unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision or term hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision or term had never been contained herein. Easterwood Airport Agreement Page 4 of 6 EXECUTED in duplicate orLginals, each of which shall be of full legal force and effect as a singular original, this / 1 day of o/Oc r , 2023, by TAMUS. "TAMUS" THE TEXAS A&M UNIVERSITY SYSTEM By: PHILLIP RAY Vice Chancellor for Business Affairs APPROVED AS TO FORM: JULIWASEK Assis a t General Counsel Office of General Counsel The Texas A&M University System Easterwood Airport Agreement Page 5 of 6 EXECUTED in duplicate originals, each of hi h ger all be of full legal force and effect as a singular original, this A day of , 2023, by County. By: ATTEST: REN MCQUEEN Brazos County Clerk General Counsel, Brazos County "COUNTY' BRAZOS C DUANE`PETERS Brazos County Judge *By law, Brazos County Civil Division counsel may only advise or approve contracts or legal documents on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document as to form was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attomey(s). Easterwood Airport Agreement Page 6 of 6 ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this day personally appeared PHILLIP RAY, Vice Chancellor for Business Affairs, The Texas A&M University System, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed for the purposes and consideration therein expressed and in the capacity therein stated. GI EN UNDER MY HAND AND SEAL OF OFFICE this /% day of 2023. r� - 1 /1 quu `� `�vpIL,,� JOSIE WYTASKE r°' . Notery Public, State of Texas Notary U1 , Comm. Expires0"2-2026 My CO. fell Notary 10 129920246 STATE OF TEXAS § COUNTY OF BRAZOS § :)lic, State of jexas ission Expires: BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this day personally appeared DUANE PETERS, County Judge, Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UN ER MY HAND AND SEAL OF OFFICE this a4 day of O , 2023. Notary Public, State of Texas My Commission Expires: iAARMAMMWN Notary Paolic, Stafa of Texas i ;sty coma. q-.1f. Febn, 15, 2027 Easterwood Airport Agreement Page 7 of 6 RFQ CIP 23-600-3 Bond Funded Engineering Design Services Firm Name Max Points UA BGE Westwood Binkley & Barfield Lamb -Star Freese & Nichols LAN Walker Partners LTRA Gessner Quiddity R.G. Miller DEC Halff Committee Recommended Award: Evaluator #1 Evaluator #2 Evaluator #3 Totals Project 3 Project 3 Project 3 Project 3 84 77 81 242 84 75 67 226 94 54 66 214 91 85 92 268 89 74 75 238 96 68 68 232 82 59 78 219 96 74 74 244 93 60 74 227 92 96 72 260 91 92 90 273 96 88 76 260 85 60 60 205 R. G. Miller Appro y mission s Court on this "? day of O G —to Q C 2, 2023 by holding the position of AGREEMENT BETWEEN COUNTY AND ENGINEER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the Between the COUNTY: and the ENGINEER: day of BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners Court Attention: County Judge 200 S. Texas Ave. Suite 332 Bryan, Texas 77803 R.G. Miller Engineers, Inc. 16340 Park Ten Place Suite 350 Houston, Texas 77084 , 2023, for the following PROJECT: Professional Engineering and Surveying Services for FM 1688 from SH 47 to FM 2818 CSJ: 1560-02-019 Contract ID No GIP 23-600 in an AMOUNT not to exceed: S 2,299,882.00 The COUNTY and ENGINEER agree as set forth below. ARTICLE I ENGINEER'S RESPONSIBILITY 1.1 ENGINEER'S SERVICE 1.1.1 The ENGINEER'S services consist of those services performed by the ENGINEER, ENGINEER'S employees and the ENGINEER'S consultants as enumerated in Articles 2 and 3 of this Agreement: 1.1.2 The ENGINEER'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The ENGINEER shall submit for the COUNTY'S approval a schedule for the performance of the ENGINEER'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the ENGINEER or the COUNTY. ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The ENGINEER'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY R.G. Miller Engineers, Inc. , TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in attached Exhibit "A" as Additional Services are not included in the Basic Services. It is expressly understood and agreed that ENGINEER shall not furnish any of the additional services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "A" and EXHIBIT `B," respectively, shall be considered Contingent Additional Services. A list of possible Contingent Additional Services that could be needed as the Project proceeds is included at the end of Exhibit "B." It is expressly understood and agreed that the ENGINEER shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints, and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the ENGINEER in order to avoid unreasonable delay in the orderly and sequential progress of the ENGINEER'S service. 4.4 The COUNTY shall give prompt written notice to the ENGINEER if the COUNTY becomes aware of any fault or defect in the Project or non-conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. 4.6 The proposed language of certificates or certifications requested of the ENGINEER or the ENGINEER'S consultants shall be submitted to the ENGINEER for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE ENGINEER. ARTICLE V CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the ENGINEER. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the COUNTY and equipment designed, specified, selected or specially provided by the ENGINEER, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the ENGINEER and the ENGINEER'S consultants, the costs of the land, right-of-way, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS 5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the ENGINEER, represent the ENGINEER'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the ENGINEER nor the COUNTY has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the ENGINEER cannot and does not warrant or represent that bids or negotiated prices will not vary from the COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the ENGINEER. ARTICLE VI USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the ENGINEER with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The ENGINEER may retain one set of reproducible copies of the documents and these copies shall be for the ENGINEER'S sole use in preparation of studies or reports for the COUNTY. The ENGINEER is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the ENGINEER pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the ENGINEER. Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the ENGINEER. 6.3 - Submission or distribution -of documents for meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the ENGINEER'S reserved rights. ARTICLE VII TERMINATION, SUSPENSION, OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the ENGINEER shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the ENGINEER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the ENGINEER may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ENGINEER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the ENGINEER for services and expenses, the ENGINEER may, upon seven (7)•days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the ENGINEER receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the ENGINEER shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the ENGINEER, the ENGINEER shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding -the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the ENGINEER, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the ENGINEER shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the ENGINEER. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the ENGINEER. 8.6 Unless otherwise provided for in this Agreement, the ENGINEER and the ENGINEER'S consultants have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 8.7 The ENGINEER shall have the right to include representations of the design of the Project, including photographs, among the ENGINEER'S promotional professional materials. The ENGINEER'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the ENGINEER in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The ENGINEER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the engineering profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the ENGINEER'S performance. 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452-9427. 8.10 INDEMNIFICATION: ENGINEER shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the ENGINEER, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the ENGINEER, or of any person employed by the ENGINEER. The ENGINEER shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the ENGINEER, its agents or employees. ARTICLE IX PAYMENTS TO THE ENGINEER 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the ENGINEER'S statement of services rendered or expenses incurred, payment on account of the ENGINEER'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the work other than those for which the ENGINEER has been found to be liable. 9.4 ENGINEER'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APPROPRIATION 9.5.1 Prior to the execution of this Agreement, the ENGINEER has been advised by the COUNTY and the ENGINEER fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that ENGINEER may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the ENGINEER hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the ENGINEER from funds obtained through the Transportation Road Improvement Program Initiative or current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: In accordance with the attached Exhibit "C" incorporated by reference hereto, SCHEDULE OF FEES. 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "C" incorporated by reference hereto, SCHEDULE OF FEES. 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "C" incorporated by reference hereto, SCHEDULE OF FEES. 10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the ENGINEER'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the ENGINEER to the point indicated by such statement or of receipt or acceptance by the COUNTY of the work covered by such statement. ARTICLE XI OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The ENGINEER shall file with the COUNTY a Certificate of Professional Liability (Errors and Omissions) Insurance having minimum limits of One Million and No/100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such Professional Liability (Errors and Omissions) Insurance shall have a deductible not in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) .self -insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The ENGINEER shall maintain the Professional Lability (Errors and Omissionsj Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. The ENGINEER shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The ENGINEER shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the ENGINEER has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the ENGINEER's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.2 PERIODS OF SERVICE 11.2.1 The ENGINEER shall begin work immediately upon receipt of the Notice -to -Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A" The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the ENGINEER. 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of national holidays. 11.2.3 This schedule assumes an orderly progression of the ENGINEER'S services. Delays beyond the control of the ENGINEER may be cause for extension of this period of service, in which case the ENGINEER shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the ENGINEER'S services shall be adjusted equitably. 11.3 PROJECT MANAGER COMMITMENT 11.3.1 The COUNTY expects the ENGINEER to commit its PROJECT MANAGER and TASK LEADERS, as proposed in the RFQ, for the duration of the contract. The COUNTY further expects the PROJECT MANAGER's commitment to the contract to include commitment as PROJECT MANAGER for each work authorization without further delegation or substitution over the course of the contract. PROJECT MANAGER replacement on an active contract, while not strictly prohibited, will require the COUNTY's prior consent. 11.3.2 Requirement for Submittal of Request by Provider: When requesting a replacement for a PROJECT MANAGER or TASK LEADER, the ENGINEER must submit a request to the COUNTY with the following information: • Certification that replacement PROJECT MANAGER is employed by the ENGINEER, or certification that the replacement TASK LEADER is employed by the ENGINEER or one of the approved subconsultants. • The name of proposed individual and the reason for the replacement. • Resume of the proposed replacement including, the credentials and experience of the individual. Also include information about their licensures, TxDOT pre -certifications, or other certifications required in the contract. • Resume .of the person being replaced. This Agreement entered into as of the day and year first written above. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. BRAZOS COUNTY, TEXAS Duane Peters, County Judge Acting by and through the authority of the Brazos County Commissioners Court Attest: Cou ty Clerk AUDITOR'S CERTIFICATE R.G. Miller Engineers, Inc. Jack P. Miller, P.E. Chief Executive Officer I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Brazos County under this contract. Brazos County Auditor Contract ID No. CIO 23-600 Project 3 FM 1688 EXHIBIT A SERVICES TO BE PROVIDED BY THE ENGINEER The Engineer shall provide preliminary engineering services for development of a design schematic, environmental documents, and studies in support of the schematic work, public involvement, permit procurement, data collection and analysis, mitigation and remediation, monitoring, drainage, conceptual traffic control, traffic projections, traffic engineering and operations including capacity analysis, traffic simulations, safety analysis, and 3-D modeling, surveying and mapping, utility engineering investigation, and utility coordination for the improvement of FM 1688 from FM 2818 to US 47 located within the State of Texas. GENERAL REQUIREMENTS 1.1. Coordination. The Engineer shall coordinate issues and communications with State's internal resource areas through the County and State's Project Manager. The State will communicate the resolution of issues and provide the Engineer direction through the State's Project Manager. The Engineer shall notify the State and coordinate with adjacent engineers on all controls at project interfaces. The Engineer shall document the coordination effort, and each engineer must provide written concurrence regarding the agreed project controls and interfaces. In the event the Engineer and the other adjacent engineers are unable to agree, the Engineer shall meet jointly with the State and each adjacent engineer to resolve disagreements. If the engineers are unable to resolve an issue with the State as mediator, the State may decide the issue and the decision will be final. The Engineer shall prepare each exhibit necessary for approval by each railroad, utility, and other governmental or regulatory agency in compliance with the applicable format and guidelines required by each entity and as approved by the State. The Engineer shall notify the State in writing prior to beginning any work on any outside agency's exhibit. 1.2. Progress Reporting and Invoicing. The Engineer shall submit each invoice in a format acceptable to the County/State. With each invoice, the Engineer shall include a completed projected vs. actual invoice form. The Engineer shall submit a monthly written progress report to the County and State's Project Manager regardless of whether the Engineer is invoicing for that month. The Engineer shall complete the services according to the milestone work schedule established in the work authorization. The Engineer shall submit a monthly written progress report to the County/State indicating the actual work accomplished during the month, scheduled work to be accomplished for the month, the estimated work to be accomplished for the coming month, problems encountered and actions taken to remedy them, list of meetings attended, and overall status. The progress report must use a bar chart diagram to indicate the percentage complete of each task shown on the previous report and the percentage complete of each task. The Engineer is required to meet with the designated State project manager or environmental coordinator on a monthly basis for progress tracking purposes unless prior written agreement is made with State not to hold a meeting in any given month. The Engineer shall submit minutes of the meeting summarizing the events of the meeting within seven calendar days after each meeting. The Engineer shall prepare a project work schedule, using the latest version of Primavera software or another scheduling program approved by the County/State in writing. The schedules shall indicate tasks, subtasks, critical dates, milestones, deliverables, and review requirements in a format that depicts the interdependence of the various items. The work schedule must incorporate an allocation of time for stage reviews of the design schematic and the environmental documents by State personnel. The Engineer shall present the work schedule to the State for review and acceptance and provide assistance in interpreting the proposed work schedule. The Engineer shall Page 1 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 provide advance written notice to the State if the Engineer is not able to meet the scheduled milestone review date. Once the project has been completed and accepted by the State, the Engineer shall deliver all electronic files to the State within 30 calendar days of State's written request Final payment is contingent upon the State's receipt and confirmation by the State's Project Manager that the electronic files can be opened and are usable utilizing the current version of the software in use by the State, , and all the review comments have been addressed. The Engineer shall prepare a letter of transmittal to accompany each document submittal to the State. At a minimum, the letter of transmittal must include the TxDOT control -section -job (CSJ) number, the highway number, county, project limits, TxDOT contract number, and TxDOT work authorization number. 1.3. Traffic Control. The Engineer shall provide all planning, labor, and equipment to develop and to execute each traffic control plan (TCP) needed by the Engineer to perform services under each work authorization. The Engineer shall comply with the requirements of the most recent edition of the Texas Manual on Uniform Traffic Control Devices (TMUTCD). The Engineer shall submit a copy of each TCP to the State for approval prior commencing any work on any State roadway. The Engineer shall provide all signs, flags, and safety equipment needed to execute the approved TCP. The Engineer shall notify the State in writing 24 hours in advance of executing each TCP requiring a lane closure and shall not begin lane closure without having obtained State's written approval. The Engineer shall ensure that it's field crew possess a copy of the approved TCP on the job site at all times. Upon request by the State, the field crew must make the TCP available to the State for inspection. The Engineer shall assign charges for any required traffic control to the applicable function code. 1.4. Right of Entry. Prior to performing any work outside of the State's right,of way, the Engineer shall request right of entry from public and private land owners to allow services (e.g. environmental services, surveying services, geotechnical services) to be performed and shall request concurrence from the State. The Engineer shall prepare right of entry permissions, which must be signed by the landowner. Letters or other materials seeking right of entry must contain explicit reference to the kinds of activities for which right of entry is requested and an indication of the impacts (if any) that will result from performance of these services. The Engineer shall not commit acts which will result in damages to private property and shall make every effort to comply with the wishes and address the concerns of private property owners. 1.5. Level of Effort. For each work authorization, the Engineer shall base the level of effort at each phase on the prior work developed in earlier phases without unnecessary repetition or re -study. As directed by the State, the Engineer shall provide written justification regarding whether or not additional or repeated level of effort of earlier completed work is warranted, or if additional detail will be better addressed at a later stage in the project development. 1.6. Quality Assurance (QA) and Quality Control (QC): The Engineer shall provide peer review at all levels. For each deliverable, the Engineer shall retain evidence of their internal review and mark-up of that deliverable as preparation for submittal. A milestone submittal is not considered complete unless the required milestone documents and associated internal mark-ups are submitted. if requested by the State's Project Manager, the Engineer shall submit the Engineer's internal mark-up (e.g., red -lines, comments) developed as part the Engineer's quality control step. When internal mark-ups are requested by the State in advance, the State may reject the actual deliverable if the Engineer fails to provide sufficient evidence of quality control. The Engineer shall clearly label each document submitted for quality assurance as an internal mark-up document. Page 2 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 The Engineer shall perform QA and QC on all survey procedures, field surveys, data, and products prior to delivery to the State. If, at any time, during the course of reviewing a survey submittal it becomes apparent to the State that the submittal contains errors, omissions, or inconsistencies, the State may cease its review and immediately return the submittal to the Engineer for appropriate action by the Engineer. A submittal returned to the Engineer for this reason is not a submittal for purposes of the submission schedule. 1.7. Underground excavation If necessary, the Engineer shall contact the Texas Excavation Safety System, Inc. (DIGTESS) or call telephone number 811 to have underground utilities marked prior to digging holes for right-of- way monuments, utility engineering investigation, geotechnical investigation, or other purposes. The Engineer shall separately contact utilities not a part of the DIGTESS organization. The Engineer shall maintain documentation of all notification calls. The Engineer shall comply with Texas's excavation laws. 1.8. Preventative Measures to Prevent the Spread of Oak Wilt Disease Contamination The Engineer shall take the following preventive measures while cutting, pruning, or removing oak trees in counties which have confirmed cases of oak wilt disease or when directed by the State: A. When possible, employ alternative methods instead of pruning or cutting oak trees. B. When possible, perform necessary pruning and cutting of healthy trees during January or February when sap beetles are least active. C. Treat wounds with pruning paint in oak wilt disease infected counties to discourage insects, especially during,warm weather. D. Sterilize all pruning tools between each use on each tree with either Lysol spray or a 70 percent rubbing alcohol solution. E. Dispose of the tree cuttings by burning, burying, or another approved method. 1.9. Personal Protective Equipment (PPE). A. The Engineer shall, and shall require its subcontractors to: 1. Provide personal protective equipment (PPE) to their personnel, 2. Provide business vehicles for their personnel, and 3. Require their personnel to use PPE and drive only business vehicles while performing work on or near roadways. B. The PPE must meet all: 1. Current standards set by Occupation Safety and Health Administration (OSHA) 2. TxDOT requirements (e.g., safety glasses, Type 3 (TY 3) pants for night work). C. Each business vehicle must be clearly marked with the Engineer's business name, or the name of the appropriate subcontractor, such that the name can be identified from a distance. 1.10. Training Requirements. A. Each key staff member of the Engineer's project team that is performing or overseeing design or plan review tasks must complete the Environmental Management System (EMS) e-Learning courses prescribed by the State prior to working on the project. The required training for key staff members on the design project team is listed on the EMS training matrix, which may be accessed at: https:/Iftp.txdot.gov/pub/txdot-info/env/ems/070-04-fiq.pdf. The courses listed on the EMS training matrix are e-learning (online), unless otherwise noted as classroom learning. Information about these online courses may be accessed at: https://www.txdot.gov/inside-txdoitdivision/environmental/ems-courses.html. Page 3 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 The Engineer shall ensure that each key staff member of the Engineer's project team that will be performing or overseeing design or plan review tasks has completed the required training listed on the EMS training matrix prior to working on the project. In addition, the Engineer shall ensure that the required training is repeated by each key staff member of the project team based on the repeat requirements stated in the EMS training matrix. B. Deliverables for Training Requirements: The Engineer shall provide a list, signed by the Engineer's Project Manager that includes the following: 1. The names and titles of all key staff personnel performing or overseeing design or plan review tasks 2. The names of the training courses completed by each person on the list 3. The completion dates for the training courses completed by each person on the list The Engineer shall update this list and resubmit it to the State any time new key staff personnel are assigned to the project team and any time training is repeated by key staff personnel on the project. 1.11. Information Resources and Security Requirements. Engineer (as Contractor") shall perform its work in accordance with Attachment I, information Resources and Security Requirements. A Contractor -Related Entity might create, access, transmit, store, or use Public TxDOT data in a Contractor -Related Entity Environment. Contractor shall ensure that Contractor -Related Entity Environments comply with the TxDOT Low Security Baseline. TASK DESCRIPTIONS AND FUNCTION CODES The Engineer shall categorize each task performed to correspond with the Function Codes (FC) and Task Descriptions. FUNCTION CODE 102 010) — FEASIBILITY STUDIES ROUTE AND DESIGN STUDIES The Engineer shall prepare an alignment and proposed roadway schematic layout that includes projected traffic volumes and existing and proposed typical sections. The Engineer shall furnish Microsoft Office and MicroStation and OpenRoads computer generated media containing the roadway schematic layout to the State. All supporting attachments and exhibits must accompany the schematic layout. All MicroStation and OpenRoads computer generated files containing the roadway design schematic must be fully compatible with the software used by the State without further modification or conversion. The Engineer shall produce, obtain, review, and evaluate existing and twenty-year projected traffic data for use in the preparation of the schematic design layout. The data must be utilized in accordance with the requirements for schematic development and consistent'with the policies of the State. The Engineer shall prepare preliminary drawings to identify any potential impacts and constraints within the project corridor, including impacts to the.nature, cultural, and human environment. The potential impacts and constraints identified must include all existing and proposed utilities (both public and private), structures, burial grounds, neighborhood communities, historical landmarks, and undeveloped areas. Any potential utility conflicts and structural impediments must be identified as such. The Engineer shall propose alternative alignments that avoid or minimize displacements and damages and prepare any additional attachments or exhibits required to illustrate a preferred alternative alignment. The Engineer shall assist the State with agency meetings during the development of the schematic design as requested by the State. If requested by the State, Page'4 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 the Engineer shall prepare a Notice and Opportunity to Comment and assist the State with stakeholder meetings, public meetings, and a public hearing, if requested. An itemization of the schematic design and engineering work activity to be performed under this contract is detailed below. The Engineer shall prepare all designs in accordance with the latest version of: A. Roadway Design Manual, published by TxDOT B. TxDOT Project Development Process Manual, published by TxDOT; C. Policy on Geometric Design of Highways and Streets, published by the American Association of State Highway and Transportation Officials' (AASHTO); D. Standard Specifications for Construction of Highways, Streets, and Bridges, published by TxDOT; E. Texas Manual on Uniform Traffic Control Devices (TMUTCD), published by TxDOT; F. Highway Capacity Manual (HCM), published by the Transportation Research Board (TRB); G. Highway Safety Manual (HSM), published by AASHTO; H. Hydraulic Design Manual, published by TxDOT; I. Access Management Manual, published by TxDOT; and J. other State approved manuals and guides. When design criteria are not identified in these manuals, the Engineer shall notify the State and request direction. The design schematic horizontal layout must adhere to a design scale of 1 inch = 100 foot (or 1 inch = 200 foot, when directed by the County/State.) The Engineer shall develop the schematic layout, exhibits, and attachments in English units. All Microsoft Office, MicroStation, Keyhole Markup Language (KML), Keyhole Markup Language Zipped (KMZ), and Bentley OpenRoads computer graphic files furnished to the State must be submitted on USB flash drive to the State in their native format, which must be fully compatible with the programs currently used by the State. Schematics must follow TxDOT and Federal Highway Administration (FHWA) standards. The schematic must follow TxDOT's computer -aided design and drafting .(CADD) standards. The Engineer shall submit the schematic as an original document, accompanied with an original MicroStation formatted graphics file. Final copies of the schematic design must be signed and sealed by a professional engineer licensed in the state of Texas. 110.1. Schematic Design Work Outline. A. Develop Base Maps The Engineer shall develop the base maps to be used for the analysis and proposed schematic layout from existing construction and right of way (ROW) plans as available. The Engineer shall re-establish the existing centerline horizontal alignments for all roadways, identify existing ROW and easements, property owners, and the approximate location of major utilities based on a utility engineering investigation in the preparation of base maps. B. Planimetrics and Aerial Mapping The Engineer shall obtain planimetrics, digital terrain modeling (DTM), and aerial photographs from the State, if available. C. Analyze Existing Conditions Using collected data and base maps, the Engineer shall develop an overall analysis of the existing conditions to develop the schematic design. The analysis must include the following: 1. ROW and easement determination 2. Horizontal alignment Page 5 of 44 Exhibit A 19 E. Contract ID No. CIP 23-600 Project 3 FM 1688 3. Vertical alignment 4. Pavement cross slopes and pavement type 5. Soil exploration 6. Geotechnical testing 7. Intersection design and analysis 8. Sight distance 9. Large guide signs and roadside signing 10. Level of service 11. Safety (i.e., crash data) 12. Locations of critical constraints 13. Drainage 14. Traffic control and construction phasing sequence Schematic Alternatives The Engineer shall identify and analyze schematic alternatives to minimize potential adverse operational impacts, crash impacts, ROW impacts, environmental impacts, major utility conflicts, structural impediments, or exceptions to the State and FHWA design criteria. Deliverable Schematic The Engineer shall evaluate and document the following in the analysis to optimize the design: 1. Efficient use of the allocated ROW 2. Control of access (COA) and driveway locations 3. Roadway and intersection geometry 4. Cross sections 5. Bicycle and pedestrian design 6. Drainage and hydraulic design 7. Stopping sight distance 8. Level of service 9. Safety 10. Traffic and signal operations 11. Construction, ROW, easement, and utility costs 12. Construction sequencing 13. Traffic control during construction 14. Roadside safety appurtenances 15. Large guide signage 16. Environmental mitigation (e.g., noise walls, storm water best management practices (BMPs)) 17. Accommodation of future cross street expansion as described in local thoroughfare plan (if applicable) 18. Avoidance of utility lines (if feasible) Page 6 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 19. Impact of construction delays from utility relocations F. Project Management and Coordination 1. The Engineer shall direct and coordinate the various elements and activities associated with developing the design schematic. 2. The Engineer shall prepare the detailed graphic project work schedule indicating tasks, critical dates, milestones, deliverables, and State review requirements. The project work schedule must depict the order of the various tasks, milestones, and deliverables. The Engineer shall review the schedule monthly and provide updates regarding its progress on the schedule to the State. 3. The Engineer shall submit written monthly progress reports to the State. 4. The Engineer shall provide ongoing quality assurance and quality control to ensure completeness of product and compliance with the State procedures. 5. The Engineer shall conduct site visits in both the AM and PM peak hour and develop a technical report that includes photographs outlining the findings and observations. G. Data Collection The Engineer shall conduct field reconnaissance and collect data as necessary to complete the schematic design. Data must include the following information. Items 1 through 8 must be obtained from the State, if available. Items 9 through 13 must be obtained from other agencies as, required. 1. Available corridor major investment studies 2. Design data from record drawings of existing and proposed facilities 3. Existing and future design year traffic data 4. Historical crash data 5. Roadway inventory information, including the number of lanes, speed limits, pavement widths and rating, bridge widths and ratings, and ROW widths 6. Aerial photos, planimetric mapping, and DTM 7. Environmental data 8. Previously prepared drainage studies 9. Adopted land use maps and plans (if available) 10.. Federal Emergency Management Agency (FEMA) flood boundary maps and flood insurance studies and models 11. Public and private utility information 12. Plat research for adjacent properties (if available) 13. Local major thoroughfare plan H. Roadway Design Criteria The Engineer shall develop the roadway design criteria based on the TxDOT Roadway Design Manual and AASHTO Policy on Geometric Design of Highways and Streets guidelines. The design criteria must include the following roadway design elements: design speed, lane and shoulder widths, pavement structure and slopes, horizontal curvatures, horizontal and vertical clearances, range of vertical profile grades, and side slopes. If there is a discrepancy between the two sources, the TxDOT Roadway Design Manual will govern unless otherwise directed by the State. Page 7 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 Preliminary Design Conference The Engineer shall prepare and submit a preliminary Design Summary Report (DSR) to the State for review and approval and shall attend an initial kick-off meeting to establish and agree on fundamental aspects, basic features, concepts, and design criteria. This meeting will be coordinated with any adjacent roadway projects to ensure continuity with the design of the adjacent roadway projects. 110.2. Schematic Design — General Tasks. A. ROW Property Base Map The Engineer shall obtain information on existing ROW, easements, and property information from as -built plans, ROW maps, and tax records. The Engineer shall prepare a base map depicting the information. B. Typical Sections The Engineer shall develop both existing and proposed typical sections that depict the number and type of lanes, shoulders, median width, curb offsets, cross slope, border width, clear zone widths, and ROW limits. C. Environmental Constraints The Engineer shall evaluate and document impacts to environmentally sensitive sites (as identified by the Engineer and verified by the State) during the schematic design process. Environmentally sensitive sites include natural, cultural, and the human environment. Examples are historic and archeological resources, burial grounds, neighborhood communities and residential areas, farmland, floodplains, wetlands, endangered species, rare habitats, wildlife corridors, wildlife crossings, parks and nature preserves, geologic features, undeveloped areas, and significant trees. D. Drainage 1. The Engineer shall use data from as -built plans and FEMA maps to locate drainage out falls and to determine existing storm sewer and culvert sizes, design flows, and water surface elevations for use in the design of roadway geometry. 2. The Engineer shall conduct a preliminary drainage study to determine and evaluate the adequacy of the ROW needed to accommodate the proposed roadway and drainage system. The drainage study must: a. identify the impacts to abutting properties and the 100-year floodplain due to proposed highway improvements b. identify the water surface elevations for'the 2, 10, 25, and 100-year storm events c. identify and locate outfalls d. provide drainage outfall descriptions e. provide overall drainage area map, sub -drainage area map, and storm water detention facilities for two mitigation alternatives f. provide a drainage study report identifying the results of the study g. identify the proposed storm sewer trunkline sizes 3. The drainage report, which must be signed and sealed by a professional engineer licensed in Texas, must include applicable hydrologic and hydraulic models (e.g., HECA and HEC-2, HEC-RAS, HEC-HMS, XP-SWMM). The models must be approved by the local TxDOT district hydraulic engineer prior to generating any reports. If requested, the Engineer shall prepare a final drainage study in accordance with one or more of the Page 8 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 following: TxDOT Hydraulic Design Manual, local TxDOT district criteria, and any other specific guidance provided by the State. if requested by the State, the Engineer shall evaluate the adequacy of the existing drainage structures; otherwise, the Engineer shall not evaluate the adequacy of the existing drainage structures. The Engineer shall analyze all cross culverts using HY-8 or HEC-RAS for existing and proposed conditions. E. ROW Requirements The Engineer shall determine the ROW requirements based on the proposed alignment, typical sections, design cross sections, access control, terrain, construction requirements, drainage, clear zone, maintenance, intelligent transportation system (ITS), and environmental constraints and mitigation requirements. F. Construction Sequence The Engineer shall evaluate and document the requirements for construction staging and traffic control throughout the development of schematic design to ensure that the proposed design can be constructed. The Engineer shall provide construction phasing assumptions to the State as requested and provide preliminary traffic control plan (TCP) layouts. G. Design Exceptions The Engineer shall identify design exceptions and waivers. The Engineer shall determine the necessity for each design exception or waiver for approval. if the State agrees that design exception or waiver is necessary, the Engineer shall prepare the State's required design exception or design waiver documentation. The Engineer shall document the operational and safety analysis for comparison of the no -build, build with standard design, and build with proposed design alternatives. For interstate facilities, the safety analysis must include the following: 1. Expected change in crashes from existing conditions to standard design conditions 2. Expected change in crashes from existing conditions to the proposed design H. Traffic Data and Projections The Engineer shall obtain the base year traffic data from TxDOT and develop the opening - year, design -year (opening year +20), and pavement design year (opening year + 30) travel forecasts, and related traffic analysis in coordination with the TxDOT Transportation Planning and Programming Division (TPP). The developed traffic projections must be utilized for design and environmental analysis. The Engineer shall develop traffic forecasts for the mainlanes, ramps, cross streets, interchanges, intersections, and frontage roads for no -build and build alternatives. These projections must include graphic representations of the anticipated daily movements along the corridor (suitable for inclusion in the design schematic and environmental document) and the traffic analysis for highway design table. The Engineer shall prepare a traffic projections methodology memo, based on the information provided in the traffic analysis package. The Engineer shall review the proposed methodology with the State and refine it based on these discussions. The Engineer shall submit the traffic volumes developed by the Engineer to TPP for review and approval. The Engineer shall revise the traffic volumes based on TPP's comments. I. Financial Plan and Project Management Plan - OMITTED J. Traffic and Operational Analysis The Engineer shall review and analyze traffic data (including percent trucks, design hourly volume, and directional distribution), existing roadway features (including ramp locations, weaving sections, number of lanes, offset to obstructions, lane widths, frontage road operations, and intersection operation and geometry), traffic flow patterns, and transit and traffic operations. The Engineer shall conduct capacity analysis studies for designated Page 9 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 locations and sections of roadway and make recommendations for improving traffic flow. The Engineer shall use the HCM to analyze and make appropriate recommendations. The analysis must be done for existing/base year, opening year, design year (opening+20 year), and interim year (if needed) for existing and future conditions. Results of this analysis must be incorporated into the schematic design. The Engineer shall develop and submit to TxDOT a traffic and operational analysis report summarizing all analysis performed. If microsimulation is used, the Engineer shall develop and calibrate an existing condition traffic model. The calibration memo must be included in the traffic analysis report. The analysis must be performed using the latest versions of TxDOT-approved software (e.g., HCS, Synchro, VISSIM, CORSIM, SIDRA). K. Safety Analysis The Engineer shall review and analyze historical crash data for latest 3 to 5 full calendar years (i.e., January 1 to December 31, inclusive) with respect to crash characteristics such as severity, crash types, frequency, rates, patterns, clusters, and their relationship to crash contributing factors. The purpose of the historical crash analyses is to determine safety performance of the existing conditions to understand any safety issues within the study area. Predictive, or quantitative safety analysis, involves using HSM-based methods that use safety performance functions (SPFs) and crash modification factors (CMFs) to estimate anticipated change in crashes from existing condition to the proposed design. The predictive safety analysis must be done for no -build and build conditions for design year. The purpose of the predictive safety analysis is to compare the safety performance of the no -build and build alternatives to help determine the preferred alternative and to determine the countermeasures, if necessary, to improve safety. Predictive safety analysis must be performed using HSM based tools including Interactive Highway Safety Design Model (IHSDM), Enhanced Interchange Safety Analysis Tools (ISATe), HSS, or other tools acceptable to the State. The Engineer shall develop and submit to the State a safety analysis report summarizing all analysis performed. L. Bicycle and Pedestrian Accommodations The Engineer shall comply with the United States Department of Transportation Policy Statement on Bicycle and Pedestrian Accommodation Regulations and Recommendations. The inclusion of bicycle and pedestrian facilities must be evaluated when the project is scoped. Public input when applicable, as well as local city and metropolitan planning organization for bicycle and pedestrian plans must be considered in this evaluation. M. Interstate Access Justification - OMITTED N. Toll -Managed, Express, High Occupancy Vehicle, Managed Lanes, Other Special -Use Lanes, and Transit Elements - OMITTED O. Project Implementation Plan - OMITTED 110.3. Conceptual Design Schematics. The Engineer shall develop conceptual design schematics in MicroStation format to evaluate various methods of handling traffic while providing access in key areas. The Engineer shall develop a single recommended design alternative that optimizes traffic flow and access. The conceptual schematics are to be plan view only. Profile work must be done only to the extent necessary to lay out the proper horizontal geometry. The schematics must contain the following design elements: A. Mainlane roadway alignment B. Pavement edges, face of curbs, and shoulder lines of mainlanes, intersections,_ interchanges, and connecting highways or streets Page 10 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 C. Typical sections of existing and proposed roadways D. Anticipated structure locations (including wildlife crossings and fencing structures) E. Anticipated retaining wall and sound wall locations F. Anticipated conveyance of major drainage elements G. Preliminary ROW and easement requirements and control -of -access locations H. Direction of traffic flow and the number of lanes on all roadways I. Existing and projected traffic volumes J. Existing utilities K. Waters of the United States (WOTUS) 110.4. Geometric Design Schematics. The Engineer shall develop geometric design schematics based on the conceptual schematics after the basic layout, lane arrangement, and anticipated ROW and easement impacts depicted on the conceptual schematics are approved. The Engineer shall use Bentley OpenRoads tools in performing this task. The geometric design schematics must include both a plan view and profile view. A. The geometric schematic plan view must contain the following design elements: Bentley OpenRoads calculated roadway alignments for mainlanes, general purpose lanes, ramps, direct connectors, bridges, HOV lanes, managed lanes, express lanes, collector distributor roads, frontage roads and cross streets at major intersections and grade separations 2. Horizontal curve data shown in tabular format 3. Pavement edges, curb lines, and sidewalks for all roadway improvements 4. Typical sections of existing and proposed roadways 5. Proposed retaining walls and sound walls 6. Proposed cross -drainage structures with outfall flow arrows and significant drainage features or waterways identified 7. Existing utilities and proposed utilities 8. Existing property lines and respective property ownership information 9. Existing ROW and easements 10. Proposed ROW and easements adequate for preparation of ROW maps 11. Waters of the US (WOTUS) 12. Control -of -access limits 13. Existing and projected traffic volumes 14. Location and text of the existing and proposed guide signs and the preliminary locations for changeable message signs 15. Lane lines, shoulder lines, and direction of traffic flow arrows indicating the number of lanes on all roadways B. The geometric schematic profile view must contain the following design elements: 1. Calculated profile grade and vertical curve data including X' values for all curves and sight distance values for crest vertical curves on the mainlanes Page 11 of 44 1 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 2. Existing ground line profiles along the mainlanes 3. Anticipated cross -drainage structures with approximate inlet and outfall elevations 4. Proposed ditch grading (special grading), if it does not follow the typical section. 5. Approximate locations of existing and proposed major utility crossings 110.5. Cross -Sections. The Engineer shall use a Bentley 3D OpenRoads model to generate preliminary cross -sections at 50 feet intervals (unless otherwise directed by the State) and at culvert locations in conjunction with the geometric schematic. The Engineer shall determine earthwork volumes for use in the cost estimate. The Engineer shall prepare 11 inch x17 inch or roll plots of the cross -sections. 110.6. Retaining Walls. The Engineer shall prepare preliminary retaining wall concepts to be shown on schematics, typical sections, and cross sections. A. The Engineer shall determine if any additional walls are required and verify the need for and length of the retaining wall as shown on the ultimate schematic. B. The Engineer shall compute and tabulate retaining wall quantities for preliminary design milestone plans submittal. 110.7. Renderings and Traffic Simulation. The Engineer shall develop renderings, three-dimensional (313) models, illustrations, and animations as a means of expression and understanding for what the owner of a project envisions and what the public perceives. In support of the public outreach effort, the State will choose reasonable build alternatives, which the Engineer shall carry forward into creating one rendering and one traffic animation for each of the various alternatives. The Engineer shall create a 3D model for the reasonable build alternatives from: horizontal and vertical alignments, existing and proposed DTMs, proposed typical sections, traffic counts, and ground photography. When requested by the State, the Engineer shall use aerial video footage captured by unmanned aircraft systems (UAS). The use of UAS is regulated by the Federal Aviation Administration (FAA). The Remote Pilot in Command (RPIC) must possess a current FAA Remote Pilot Certificate (14 CFR Part 107) and be sufficiently trained, capable, and competent to operate the type of system in the environment in which it is to be operated. The RPIC must be responsible for the safe conduct of the UAS flight. Visual Observers as required must be familiar with UAS operations and in positive two-way communication with the RPIC. Additionally, operators must comply with the general safety protocols established in the TxDOT Flight Operations Manual. The animations and renderings must give the public and stakeholders a clear awareness and appreciation for the reduction of traffic congestion and how traffic is to flow into and out of the project area. 110.8. Preliminary Construction Sequence. The Engineer shall prepare preliminary construction sequence layouts in conjunction with the geometric design schematic depicting the phasing and traffic detours anticipated to safely convey traffic. The layouts must demonstrate that adequate horizontal and vertical alignments are maintained, sufficient lane widths and shoulder widths or barrier offsets are feasible, and construction zones are adequate for constructability of all proposed features. Proposed construction detours must ensure that adequate superelevation is provided. The layouts must indicate how existing pedestrian and bicycle facilities are accommodated for each phase. Page 12 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 110.9. Preliminary Cost Estimate. The Engineer shall prepare a preliminary cost estimate for the project, including the costs of construction, required ROW and associated improvements, and eligible utility adjustments. Current State unit bid prices must be used in preparation of the estimate. 110.10. Engineering Summary Report. The Engineer shall prepare an engineering summary report to summarize the design criteria, traffic analysis, preliminary cost estimate and basis of estimate, construction sequence description, and utility conflict issues. 110.11. Support or Attendance at Value Engineering Study. - OMITTED 110.12. Agency Coordination and Public Involvement. A. The Engineer shall assist the State in conducting meetings with property owners, stakeholders, and various agencies to discuss and review the schematic design. The Engineer shall document and respond to issues related to the schematic design. B. The Engineer shall prepare a Notice and Opportunity to Comment as needed and assist in conducting public meetings and public hearing during the project development process. The Engineer shall prepare schematic exhibits, constraints maps, and other necessary exhibits, and assist the State with all presentations. C. The Engineer shall coordinate, schedule, reserve, and pay for all meeting locations and facilities. D. For all public involvement activities, the Engineer shall prepare the adjacent property owner list; mail out and pay for notices; draft letters to public officials; prepare, publish and pay for notices to major and local newspaper; hire court reporter and law enforcement for public meetings and hearing; and provide audio and visual rental equipment and changeable message boards. E. The Engineer shall attend pre -meetings at the local TxDOT district in preparation for every meeting and hearing, as directed by the State. F. The Engineer shall compile public comments received and responses to comments and prepare the required documentation for all public involvement activities. The Engineer shall comply with the environmental compliance toolkits related to public involvement. 110.13. Schematic Design Project Deliverables. In conjunction with the performance of the services included under Function Code 110 of this attachment, the Engineer shall provide the following draft and final documents and associated electronic files as applicable A. Draft and final copies of the engineering summary report B. Draft copies of the preliminary drainage study C. Draft and final copies of the conceptual design schematics roll plots D. Draft and final copies of the geometric schematic layouts (1 inch = 100 feet) E. Draft and final copies of the design schematic profiles rolls F. Draft and final copies of the design schematic cross -sections on 11 inch x Winch cut sheets or roll plot format, as requested by the State G. Electronic 3D model copy of the preliminary cross -sections created using OpenRoads tools H. Electronic submittal of the hydrologic and hydraulic model digital files from the drainage study Page 13 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 I. Copies of the preliminary construction sequence layouts in a roll plot or 11 inch x 17 inch format, as requested by the State J. Copies of the preliminary construction sequence typical sections in 11 inch x17 inch format K. Electronic copy of the 3D rendering and traffic simulation for the reasonable build alternatives L. Electronic files shall be furnished to the State on a USB flash drive M. Traffic data schematics N. Traffic projections methodology memo O. Average daily corridor traffic projections report P. Line schematics with traffic data shown Q. Documentation of public involvement activities R. Utility plan — electronic file in latest version of MicroStation fully compatible with OpenRoads civil design system S. Design exception and design waiver documents T. Culvert hydraulic data sheets and preliminary culvert layouts U. Geotechnical report V. Cost estimates for each milestone submittal W. KMZ or KML file of conceptual design schematic created from applicable DGN files for reviewing in Google Earth X. Final schematic 3D model created using OpenRoads software Y. Draft and final copies of traffic analysis report FUNCTION CODE 120 (120) — SOCIAUECON/ENV STUDIES SOCIAL, ECONOMIC, AND ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT 120.1. Environmental Documentation Standards. Each environmental service provided by the Engineer must have a deliverable. Deliverables must summarize the methods used for the environmental services and the results achieved. The summary of results must be sufficiently detailed to provide satisfactory basis for thorough review by the State, FHWA, and (where applicable) other agencies with regulatory oversight. All deliverables must meet regulatory requirements for legal sufficiency and adhere to the requirements for reports enumerated in the State's National Environmental Policy Act of 1969 (NEPA) Memorandum of Understanding (MOU). A. Quality Assurance/Quality Control Review For each deliverable, the Engineer shall perform quality assurance quality control (QA/QC) reviews of environmental documents and on all supporting environmental documentation to determine whether documents conform with:Current Environmental Compliance Toolkit guidance, documentation requirements, and templates published by TxDOT's Environmental Affairs Division (ENV) and in effect as of the date of receipt of the documents or documentation to be reviewed; Page 14 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3' FM 1688 1. Current state and federal laws, regulations, policies, guidance, agreements, and memoranda of understanding between the State and other state or federal agencies; and 2. Guidelines contained in Improving the Quality of Environmental Documents, A Report of the Joint AASHTO/ACEC Committee in Cooperation with the Federal Highway Administration (May 2006) for: a. Readability, and b. Use of evidence and data in documents to support conclusions. Upon request by the State, the Engineer shall provide documentation that the QA/QC reviews were performed by qualified staff. B. The Engineer shall maintain the project environmental record in TxDOT's Environmental Compliance Oversight System (ECOS), including project review, completing the work development plan screens, uploading documents, and completing activities as assigned by the District. C. Deliverables must contain all data acquired during the environmental service and be written to be understood by the public in accordance with the TxDOT's Environmental Toolkit guidance, documentation standards, and current guidelines, policies, and procedures. D. Electronic versions of each deliverable must be written in software that is fully compatible with the software currently used by the State and provided in the native format of the document for future use by the State. The Engineer shall supplement all hard copy deliverables with electronic copies in searchable Adobe Acrobat (.pdf) format unless another format is specified. Each deliverable must be a single, searchable .pdf file that mirrors the layout and appearance of the physical deliverable. The Engineer shall deliver the electronic files on USB flash drive in both the document's native format and the PDF format. E. . When the environmental service is to apply for a permit (e.g., United States Coast Guard (USCG) permit or USACE permit), the Engineer shall provide the permit and all supporting documentation to the State as the deliverable. F. Submission of Deliverables 1. Deliverables must consist of documentation to support a categorical exclusion (CE) determination, or the preparation of an Environmental Assessment (EA) or an Environmental Impact Statement (EIS), as applicable. Technical reports and documentation must be prepared to support the applicable environmental classification (e.g. CE, EA, or EIS). Additionally, an Open -Ended (d) list Categorical Exclusion Classification Request Form must be prepared to classify the project as an Open Ended (d) list CE, if needed. 2. All deliverables must comply with all applicable state and federal environmental laws, regulations, procedures, and TxDOT's Environmental Compliance Toolkits, documentation requirements, and templates. 3. On the cover page of any environmental documentation, the Engineer shall insert the following language in a way that is conspicuous to the reader or include it in a CE project record: "The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried -out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 9, 2019, and executed by FHWA and TxDOT." G. The State will provide the State's and other agency comments on draft deliverables to the Engineer. The Engineer shall revise the deliverable: Page 15 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 1. To include any State commitments, findings, agreements, or determinations (e.g., wetlands, endangered species consultation, Section 106, or Section 4(f)), required for the transportation activity as specified by the State; 2. To incorporate the results of public involvement and agency coordination; 3. To reflect mitigation measures resulting from comments received or changes in the transportation activity; and 4. To include with the revised document a comment response form (matrix). in the format provided by the State. H. The Engineer shall provide photographs and graphics that clearly depict details relevant to an evaluation of the project area. Comparable quality electronic photograph presentations must be at least 1200 x 1.600 pixel resolution. The State can request images/graphics be provided in another format or quality. 120.2. Environmental Assessment (EA) Content and Format. — OMITTED 120.3. Environmental Impact Statement (EIS) Content and Format. — OMITTED 120.4. Environmental Re-evaluation Form. — OMITTED 120.5. Environmental Technical Analyses and Documentation. A. Definition of technical analyses and documentation for environmental services. In general, technical analyses and documentation for environmental services might include a report, checklist, form, or analysis detailing resource -specific studies identified during the process of gathering data to make an environmental decision. The State may determine what technical reports and documentation are necessary for any given project. The Engineer shall prepare all technical reports and documentation for the State with sufficient detail and clarity to support environmental determinations. All technical reports must be compliant with TxDOT's Environmental Compliance Toolkits, documentation requirements, and templates. The environmental document must reference the technical reports. Environmental technical reports and documentation must include appropriate NEPA or federal regulatory language in addition to the purpose and methodology used in delivering the service. Technical reports and forms must use templates and documentation standards as applicable and include sufficient information to determine the significance of impacts. B. Minimum Deliverables: 1. Draft technical analyses and documentation 2. Final technical analyses documentation C. The exact environmental technical analyses and documentation must be determined at the work authorization level, but can include: 1. Section 4(f) Evaluations The Engineer shall provide Section 4(f) Evaluations. The Section 4(f) Evaluation must conform to the appropriate TxDOT Section 4(f) checklist for exceptions, de minimus, and programmatic evaluations. For individual Section 4(f) Evaluations, the format and outline must be approved by the State beforehand. All Section 4(f) Evaluations must meet the requirements set forth in TxDOT's Environmental Compliance Toolkits. The 4(f) Section of the environmental document states the reason a Section 4(f) evaluation is being completed. The 4(f) Section of the environmental document discusses the presence of all Section 4(f) properties located in the project area. Page 16 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 2. Section 6(f) Evaluation The Engineer shall determine if Land and Water Conservation Fund Act funds were used for the Section 4(f) property in accordance with the regulatory requirements and TPWD guidelines and document. 3. Environmental Public Involvement (23 CFR §771.111) The Engineer shall provide public involvement activities, which might include: a. Developing a plan for public involvement activities, public involvement plan. The plan, must specify all activities to be performed and alternatives to be discussed during public involvement activities. Public involvement activities must be carried out in compliance with Attachment A, Article 38, sections J and K of the contract. The plan must also discuss outreach strategies for both the general public and targeted strategies for environmental justice and limited English proficiency populations b. Compiling, maintaining, and updating a mailing list of people, agencies, and organizations interested in the transportation activity c. Making all arrangements for public meetings and hearings, including the site of the meetings, mailing and publishing notices, preparation of exhibits, provision for taping or transcription of proceedings, security, and any other arrangements as directed by the State. The Engineer shall not hold public meetings or hearings in the absence of State personnel d. Submitting all legal notices to the State for review no less than six weeks prior to publication e. Arranging a meeting with the State to review all exhibits and other materials to be used prior to public meetings or hearings f. Obtaining the State's approval for all legal notices, exhibits, and other materials g. Providing personnel to staff meetings and hearings; including, people to perform registration, make presentations, and answer questions. Staffing levels of personnel to be provided must be, identified in the work authorization h. Developing and submitting to the State a meeting or hearing documentation packet i. Developing and sending acknowledgement or response letters to commenters at public meetings or hearings. The Engineer shall not distribute acknowledgement or response letters without prior approval by the State j. Developing, publishing, and distributing a newsletter on the transportation activity, including compiling and maintaining a mailing list. The Engineer shall not distribute the newsletter without prior approval by the State k. Submitting to the State a request for development and maintenance of a website to disseminate information on the transportation activity and to gather comments from the public. I. Providing materials and information regarding the transportation activity to the State to be posted on the State -developed website. m. Ensuring the website conforms to state law, Texas Department of Information Resources requirements, TxDOT policies and procedures, and TxDOT Brand Guidelines. 4. Community Impacts Analysis The Engineer shall provide community impact analyses. Community impacts includes environmental justice, limited English proficiency, and other issues as addressed in TxDOT environmental guidance. The Engineer shall perform community impact Page 17 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 assessments including environmental justice analysis in accordance with Attachment A, Article 38, Sections J and K of the contract. Community impact analyses might include: a. Community Impacts Assessment Technical Report Form; or b. Community Technical Report. The report must follow guidance provided in TxDOT's Community Impacts Assessment Toolkit. The assessment may include: (1) Identification of environmental justice communities within the study area; (2) A community profile; (3) A displacement analysis; (4) An access and travel pattern analysis; (5) A community cohesion analysis; (6) Determination if the project would have disproportionately high and adverse impacts on environmental justice communities. All impacts identified in the Community Impact Assessment and other relevant studies (i.e. noise analysis) must be considered to determine if the impacts disproportionately affect environmental justice communities; (7) Identification of possible mitigation measures to avoid or minimize any adverse impacts to the environmental justice population within the project area; (8) Summary of public involvement process including methods used to accommodate persons with limited English proficiency; and (9) Identification of possible mitigation measures including those to avoid and minimize any adverse impacts to the environmental justice population within the project area. _ 5. Air Quality Studies The Engineer shall prepare all required technical reports and the air quality section of all environmental documents in accordance with the current version of the TxDOT Environmental Handbook for Air Quality and Air Quality Toolkit. The State may determine what technical reports and documentation are required for any given project. The required technical reports and documentation might include: a. Transportation Conformity Report Form and applicable coordination b. Hot -Spot Analysis Technical Report and applicable coordination, c. Carbon Monoxide Traffic Air Quality Analysis technical report, d. Qualitative mobile source air toxics (MSAT) analysis, e. Quantitative MSAT technical report and conference call, f. Congestion management process analysis, g. Applicable disclosure statements in the environmental document as prescribed in the TOOT Guidance for Preparing Air Quality Statements, h. Air quality cumulative and induced growth impacts analysis as specified above in paragraph 120.5, C, 5-Induced Growth Impact Analysis and Cumulative Impacts Analysis of this Attachment and included in the environmental document, and i. Response to public comments received on air quality issues. 6. Noise Analysis Technical Reporting The Engineer shall prepare all necessary noise analyses and technical reporting. Page 18 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 a. Noise Analysis Technical Reporting Requirements. At the work authorization level, the noise analysis technical reporting might include: (1) Computer modeling of existing and predicted noise levels; (2) Field measurements of existing noise levels and validation of existing model; (3) Determining predicted noise impact contours for undeveloped property; (4) Barrier analysis for impacted receivers. b. Noise Analysis General Requirements. (1) The Engineer shall use TxDOT's .DGN file coordinate system for all traffic noise modeling, so that all design files and traffic noise modeling software coordinate systems are the same. (2) The Engineer shall provide TxDOT with all ,DXF files used for the traffic noise model. (3) The Engineer shall review all proposed noise barrier locations as part of the traffic noise modeling process. (4) The Engineer shall not begin identification of noise sensitive land uses unless TxDOT's Environmental Affairs Division's Historical Studies Branch (ENV - Historical Studies) has approved a Project Coordination Request (PCR). 7. Water Resources Analysis and Documentation The Engineer shall provide environmental documentation, conduct field surveys, and provide analysis of water resources for compliance with state and federal regulations as described in the Environmental Guide: Volume 2 Activity Instructions, http://ftp.dot.state.tx.us/pub/txdot-info/env/toolkii/060-06-gui.pdf, and the associated forms, templates, and guidance found in the Water Resources section of the Natural Resources Toolkit, https://www.txdot.gov/inside-txdot/division/environmental/compliance- toolkits/natural-resources.html. The applicable water resource studies must be determined at the work authorization level. In the case that field surveys are required, then the Engineer shall contact TxDOT's Environmental Affairs Division's Natural Resource Management Section (ENV-NRM) for clearance prior to starting fieldwork. ENV-NRM will verify that approved methods and appropriately permitted and experienced staff will be used. At the request of the State, the Engineer shall provide the following water analysis: a. Surface Water Analysis Form, including analysis of: (1) Section 404 of the Clean Water Act (2). Section 303(d) of the Clean Water Act (3) General Bridge Act/Section 9 of the Rivers and Harbors Act (4) Section 10 of the Rivers and Harbors Act (5) Section 401 of the Clean Water Act (6) Executive Order 11990, Protection of Wetlands b. WOTUS Delineation report prepared in accordance with ENV's Documentation Standard for Waters of the U.S. Delineation Report using ENV's Template: Waters of the U.S. Delineation Report including all supporting forms and exhibits c. Section 404/10 Impacts Table prepared in accordance with TxDOT ENV's Section 404110 Impacts. Table and Instructions — Preparing a Section 404190 Impacts Table Page 19 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 d. Section 404/10/9 Permitting Package, including: (1) USACE PCN Permitting Application prepared in accordance with TxDOT ENV's Documentation Standard for PCN (2) USACE IP Permitting Application prepared in accordance with TxDOT ENV's Documentation Standard for IP (3) USACE LOP Permitting Application (4) USACE RGP Permitting Application (5) Conditional/Functional Assessment (6) Permittee-responsible Mitigation Plan (7) Permittee-responsible Mitigation Plan Implementation (8) 401 Certification (9) USCG Bridge Permit Application prepared in accordance with the USCG Bridge Permit Application Guide (BPAG) (10) USCG Exception Request (11) USCG Navigational Lighting e. For all WOTUS surveys, the Engineer shall: (1) Provide the results of the land survey in electronic DGN file format to be incorporated into the schematic and plans. GIS and KMZ files of the land survey must also be provided. (2) Determine the acres of permanent and temporary impacts and linear feet of impacts at each WOTUS and provide figures of the WOTUS and associated impacts overlaying the schematic and plan sheets. 8. Biological/Natural Resources Management Analysis and Documentation The Engineer shall provide environmental documentation, conduct field surveys, and provide analysis of biological natural resources for compliance with state and federal regulations as described in the TxDOT Environmental Guide: Volume 2 Activity Instructions, http://ftp.dot.state.tx.us/pub/txdot-info/env/toolkit/060-06-gui.pdf, and the associated forms, templates, and guidance found in the Natural Resources Toolkit, https://www.txdot.gov/inside-txdotidivision/environmental/compliance-toolkits/natural- resources.html. The applicable natural resource studies must be determined at the work authorization level. In the case that field surveys are required, then the Engineer must contact ENV-NRM for clearance prior to starting work. ENV-NRM will verify that approved methods and appropriately permitted and experienced staff will be used. At the request of the State, the Engineer shall provide the following biological/natural resource analysis: a. Species Analysis Form, including: (1) Species Analysis Spreadsheet, which can include a habitat analysis for the entire project area, field surveys for protected species, and presence/absence surveys. (2) Tier 1 Site Assessment, which can include early coordination or administrative coordination with TPWD. (3) Bald and Golden Eagle Protection Act (BGEPA) analysis and coordination assistance. " Page 20 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 9. Initial Site Assessment (ISA) with Hazardous Materials Project Impact Evaluation Report The Engineer shall provide an ISA with Hazardous Materials Project Impact Evaluation Report for the limits of the proposed project in accordance with Statement of Work for Hazardous Materials Processes related to NEPA in the TxDOT Hazardous Materials Management Toolkit (http•//www txdot Qov/inside-txdottdivision/environmental/compliance- toolkits/haz-mat. html). 10. Archeological Documentation Services The Engineer shall provide archeological studies and documentation. All archeological studies must be sufficient to satisfy the current TOOT Archeological Sites and Cemeteries Toolkit. An archeological background study must be performed prior to field work. If the Engineer was provided with a background study by the State, a new background study is not required. The Engineer shall provide archeological resource identification, evaluation, and documentation services. In compliance with TxDOT's Environmental Compliance Toolkits, the Engineer shall provide the following archeological services/deliverables: a. Archeological background study b. Archeological intensive survey An archeological surrey (reconnaissance or intensive) must be sufficient to satisfy state and federal regulations. The applicable archeological survey must be determined at the work authorization level. The Engineer shall contact TxDOT's Environmental Affairs Division's Archeological Studies Branch (ENV -ARCH) for approval prior to starting field and survey work. ENV -ARCH will verify that approved methods and appropriately permitted and experienced staff will be used. 11. Historic Resource Identification, Evaluation, and Documentation Services The Engineer shall provide historic resource identification, evaluation, and documentation services. In compliance with TxDOT's Environmental Compliance Toolkits, the Engineer shall provide the following historic resource services/deliverables: a. Historic Resources PCR, b. Historic Resources Research Design, and c. Historic Resource Survey Report, including windshield, reconnaissance, or intensive level documentation. All services, except the historic resource PCR, must have prior approval by TxDOT's Environmental Affairs Division's Historical Studies Branch (ENV-HIST) to be performed. The historic resource PCR must be accepted by ENV-HIST prior to survey field work. 12. Stormwater Permits (Section 402 of the Clean Water Act) The Engineer shall: a. describe the need to use the TPDES General Permit, TX 150000. The text must describe how the project will comply with the terms of the TPDES, including the Stormwater Pollution Prevention Plan; and b. describe the need for Municipal Separate Storm Sewer System (MS4) notification. List MS4 participating municipalities. Page 21 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 FUNCTION CODE 130 (130) — RIGHT-OF-WAY DATA — OMITTED RIGHT-OF-WAY (ROW) DATA AND UTILITY ENGINEERING INVESTIGATION FUNCTION CODE 135 (135) — RIGHT-OF-WAY DATA UE RIGHT-OF-WAY DATA UTILITY ENGINEERING INVESTIGATION ALONG WITH UTILITY COORDINATION AND ACCOMMODATION For Function Codes 135 and 150, the term Surveyor means the firm (prime provider or subprovider) that is providing the surveying services shown in this scope. The Engineer shall ensure that the following general standards for survey work are followed for Function Codes 135 and 150: Unless otherwise indicated, any reference in this attachment to a manual, specification, policy, rule or regulation, or law means the version in effect at the time the work is performed. TxDOT manuals are available at: htto://onlinemanuals.tKdot.gov/manuals/. All surveys must meet or exceed all applicable requirements and standards provided by: (1) Professional Land Surveying Practices Act, (2) General Rules of Procedures and Practices promulgated by the Texas Board of Professional Engineers and Land Surveyors (TBPELS), and (3) TxDOT Survey Manual. The Surveyor shall perform all work in an organized and professional manner. All surveys are subject to the approval of the State. The Surveyor shall use the TxDOT ROW Preliminary Procedures for Authority to Proceed Manual and TxDOT Survey Manual as the basis for the format and preparation of all right of way (ROW) documents produced, . including ROW maps, written parcel descriptions, parcel plats, and other ROW work products, unless otherwise specified by the State. Unless otherwise directed by the State, the Surveyor shall use (1) the North American Datum of 1983 (NAD83), Texas Coordinate System of 1983 (State Plane Coordinates) applicable to the zone or zones in which the work is performed, with values in U.S. survey feet, as the basis for all horizontal coordinates derived and (2) the datum adjustment currently in use by TxDOT. Project or surface coordinates must be calculated by applying a combined adjustment factor (CAF) to State Plane Coordinate values. If provided by the State, the Surveyor shall use a project specific CAF. Elevations must be based on the North American Vertical Datum 88 (NAVD88), unless otherwise specified by the State. All work using the Global Positioning System (GPS), whether primary control surveys or other, must meet or exceed the requirements provided by the TxDOT Survey Manual to the order of accuracy specified in the categories listed below or in a work authorization. If the order of accuracy is not specified in this attachment or in a work authorization, the work must meet or exceed the order of accuracy specified in the publication listed in this paragraph. All conventional horizontal and vertical control surveys must meet or exceed the order of accuracy specified in the TxDOT Survey Manual unless specified otherwise in the contract. All boundary determination surveys, whether for ROW acquisition, ROW re-establishment, or other boundary needs, must meet or exceed the accuracy specified in the TxDOT Survey Manual unless specified otherwise- in the contract. The State may authorize the Surveyor to use an Unmanned Aircraft System (UAS) to perform services under this contract. The use of UAS is regulated by the Federal Aviation Administration (FAA). All UAS operators must comply with Federal Aviation Administration (FAA) regulations and the TxDOT Unmanned Aircraft System (UAS) Flight Operations and User's Manual. Page 22 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 The survey data must be fully compatible with the State's computer system and with programs in use by the State at the time of the submission, without further modification or conversion. The current programs used by TxDOT are: Microsoft Word, Bentley MicroStation, Bentley OpenRoads civil design system, Bentley GEOPAK Survey, Excel, and ESRI ArcGIS. Data collection programs must be compatible with the current import formats allowed by GEOPAK Survey and be attributed with current feature codes. These programs may be replaced at the discretion of the State. Drawing sizes are defined, based on American National Standards Institute (ANSI) standard paper sizes, as follows: A -size means 8.5 inches by 11.0 inches, B-size means 11.0 inches by 17.0 inches, C-size means 17.0 inches by 22.0 inches, and D-size means 22 inches by 34.0 inches. Variations from these software applications or other requirements listed above shall only be allowed if requested in writing by the Surveyor and approved by the State. The Surveyor shall perform quality control/quality assurance on all procedures, field surveys, data, and products prior to delivery to the State. The State may also require the Surveyor to review the survey work performed by others. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the State that the submittal contains a substantial number of errors, omissions, and inconsistencies, the State may cease its review and return the submittal to the Surveyor immediately for appropriate corrective action. A submittal returned to the Surveyor for this reason is not a submittal for purposes of the submission schedule. The standards for services that are not boundary -related but that relate to surveying for engineering projects may be determined by the construction specifications, design specifications, or as specified by the State: 135.1 Utility Engineering Investigation. Utility engineering investigation includes utility investigations subsurface and above ground prepared in accordance with ASCE/Cl Standard 38-02 [(http://www.fhwa.dot..qov/programadmin/asce.cfm)] and Utility Quality Levels. A. Utility Quality Levels (QL) Utility Quality Levels are defined in cumulative order (least to greatest) as follows: 1. Quality Level D - Quality level value assigned to a utility segment or utility feature after a review and compilation of data sources such as existing records, oral recollections, locations marked by DIGTESS, and data repositories. 2. Quality Level C - Quality level value assigned to a utility segment or utility feature after surveying aboveground (i.e., visible) utility features and using professional judgement to correlate the surveyed locations of these features with those from existing utility records. 3. Quality Level B - Designate: Quality level value assigned to a utility segment or subsurface utility feature whose existence and position is based upon appropriate surface geophysical methods combined with professional judgment and whose location is tied to the project survey datum. Horizontal accuracy of Designated Utilities is 18" (including survey tolerances) unless otherwise indicated for a specific segment of the deliverable. Quality Level B incorporates quality levels C and D information. A composite plot is created. 4. Quality Level A — Quality level value assigned to a portion (x, y, and z geometry) of a point of a subsurface utility feature that is directly exposed, measured, and whose location and dimensions are tied to the project survey datum. Other measurable, observable, and judged utility attributes are also recorded (per District Best Practices). The utility location must be tied to the project survey datum with an accuracy of 0.1 feet (30-mm) vertical and to 0.2 feet (60-mm) horizontal. As test holes may be requested up front or during the project, test holes done prior to completion of QL D, C, or B deliverables must be symbolized on the QL B deliverable with a call out indicating test holes number. This is in addition to and not in lieu of the test hole. Page 23 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 B. Utility Investigations Methodology 1. Utility Investigation Quality Level D The Engineer shall: a. Perform records research from all available resources. Sources include: Texas811, Railroad Commission of Texas (Texas RRC), verbal recollection, as -built information from plans, plats, permits and any other applicable information provided by the utility owners or other stakeholders. b. Document utility owners and contact information. c. Create a utility drawing of information gathered. 2. Utility Investigation Quality Level C The Engineer shall: a. In combination with existing Quality Level D information, utilize surveyed above -ground utility features and professional judgement to upgrade Quality Level D information to Quality Level C. For those utilities unable to be upgraded, retain as Quality Level D. b. Overhead utilities information must be gathered and depicted. Sag elevations of lowest utility must be documented at road crossings, per best practices document. c. Storm and sanitary sewer information must be gathered from Level D and upgraded to Level C as possible, unless otherwise directed by the state. d. Mapping of underground vaults may be requested by the state. e. Create composite utility drawing of information gathered. 3. Designate (Quality Level B) Designate means to indicate the horizontal location of underground utilities by the application and interpretation of appropriate non-destructive surface geophysical techniques and reference to established survey control. Designating (Quality Level B) services are inclusive of Quality Levels C and D. The Engineer must: a. As requested by the State, compile "as -built' information from plans, plats and other location data as provided by the utility owners. b. Coordinate with utility .owner when utility owner's policy is to designate their own facilities at no cost for preliminary survey purposes. The Engineer shall examine utility owner's work to ensure accuracy and completeness. c. Designate, record, and mark the horizontal location of the existing utility facilities using non-destructive surface geophysical techniques. d. Using both active and passive scans to attempt to locate any additional utilities, including unrecorded and abandoned storm and sanitary sewer facilities, at the direction of the state, may be investigated using additional methods such as rodding that would then classify them as Quality Level B. A non -water based pink paint or pink pin flags must be used on all surface markings of underground utilities. e. Correlate utility owner records with designating data and resolve discrepancies using professional judgment. The Engineer must prepare and deliver to State a color -coded composite utility facility plan with utility owner names, quality levels, line sizes and subsurface utility locate (test hole) locations. The Engineer and State acknowledge that the line sizes of designated utility facilities detailed on the deliverable will be from the best available records and that an actual line size is normally determined from a test Page 24 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 hole vacuum excavation. A note must be placed on the designate deliverable only that states "lines sizes are from best available records". All above -ground utility feature locations- must be included in the deliverable to the State. This information must be provided in the latest version of OpenRoads civil design system used by the State. The Engineer shall deliver the electronic file on USB flash drive, as requested by the State. A hard copy is required and must be signed, sealed, and dated by the registered engineer overseeing the utility engineering investigation. When requested by the State, the designated utility information must be over laid on the State's design plans. f. Determine and inform the State of the approximate electronic utility depths at critical locations as determined by the State. The limits of this additional information should be determined prior to the commencement of work. This depth indication is understood by both the Engineer and the State to be approximate only and is not intended to be used preparing the ROW and construction plans. g. Provide a monthly summary, with weekly updates, of work completed and in process with adequate detail to verify compliance with agreed work schedule. h. Close-out permits as required. i. Clearly identify all utilities that were discovered from Quality Levels C and D investigation but cannot be depicted in Quality Level B standards. These utilities must have a unique line style and symbology in the designate (Quality Level B) deliverable. j. Comply with all applicable TxDOT policy and procedural manuals. 4. Subsurface Utility Locate (Test Hole) Service (Quality Level A) Locate is the process used to obtain precise horizontal and vertical position, material type, condition, size, and other data that may be obtainable about the utility facility and its surrounding environment through exposure by non-destructive excavation techniques that ensures the integrity of the utility facility. Subsurface Utility Locate (Test Hole) Services (Quality Level A) are inclusive of Quality Levels B, C, and D. The Engineer must: a. Review requested test hole locations and advise the State in the development of an appropriate locate (test hole) work plan relative to the existing utility infrastructure and proposed highway design elements. b. Coordinate with utility owner inspectors as may be required by law or utility owner policy. c. Place Texas 811 ticket 48 hours prior to excavation. d. Neatly cut and remove existing pavement material, such that the cut does not exceed 0.10 square meters (1.076 square feet) unless unusual circumstances exist. e. Measure and record the following data on an appropriately formatted test hole data sheet that has been sealed and dated by the Engineer: (1) Elevation of top of utility tied to the datum of the furnished plan. (2) Minimum of two benchmarks utilized. Elevations must be within an accuracy of 15mm (.591 inches) of utilized benchmarks. (3) Elevation of existing grade over utility at test hole location. (4) Horizontal location referenced to project coordinate datum. (5) Outside diameter of pipe or width of duct banks and- configuration of non - encased multi -conduit systems. (6) Utility facility materials. Page 25 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 (7) Utility facility condition. (8) Pavement thickness and type. (9) Coating/wrapping information and condition. (10) Unusual circumstances or field conditions. f. Excavate test holes in such a manner as to prevent any damage to wrappings, coatings, cathodic protection, and other protective coverings and features. Water excavation can only be utilized with written approval from the appropriate TOOT district office. g. Be responsible for any damage to the utility during the locating process. In the event of damage, the Engineer must stop work, notify the appropriate utility facility owner, the State, and appropriate regulatory agencies. The regulatory agencies include: the Railroad Commission of Texas and the Texas Commission on Environmental Quality. The Engineer shall not resume work until the utility facility owner has determined the corrective action to be taken. The Engineer is liable for all costs involved in the repair or replacement of the utility facility. h. Back fill all excavations with appropriate material, compact backfill by appropriate mechanical means, and restore pavement and surface material. The Engineer is responsible for the integrity of the backfill and surface restoration for a period of three years. i. Furnish and install a permanent above -ground marker (as specified by the State, directly above center line of the utility facility. j. Provide complete restoration of work site and landscape to equal or better condition than before excavation. If a work site and landscape is not appropriately restored, the Engineer shall return to correct the condition at no extra charge to the State. k. Plot utility location position information to scale and provide a comprehensive utility plan signed and sealed by the responsible professional engineer. This information must be provided in the latest version of MicroStation and be fully compatible with the OpenRoads civil design system used by the State. The electronic file will be delivered on USB flash drive as requested. When requested by the State, the locate information must be over on the State's design plans. I. Return plans, profiles, and test hole data sheets to the State. If requested, conduct a review of the findings with the State. m. Close-out permits as required. 135.2 Utility Coordination. A. Utility Base Map The Engineer shall obtain information on existing utilities from utility owners and shall conduct investigations to identify and evaluate all known existing and proposed public and private utilities. The Engineer shall identify potential conflicts and attempt to minimize the potential adverse utility impacts in the preparation of the schematic design. The Engineer shall prepare a base map depicting the utility locations. The Engineer shall create and maintain a utility conflict matrix along with a utility conflict exhibit through the duration of the contract identifying potential known conflicts. The format of the matrix and exhibit must be consistent with the latest version of the San Antonio District Utility Conflict Matrix and Utility Conflict Exhibit or other examples provided by the State. B. Utility Coordination The Engineer shall assist the State in conducting utility coordination meetings with utility companies, as required, to facilitate utility conflict identification and resolution. Page 26 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 1. The Engineer shall establish contact with all existing utilities within and adjacent to the project limits and set up utility coordination meetings to discuss concepts and options for design and construction. This process.must also be extended to utilities that approach the State, regarding plans to install facilities within the project limits after the project has been initiated. 2. The Engineer shall establish and conduct workshop meetings, both individually with each utility and with all utilities that incorporate the State's project team to review and resolve conflicts. 3. The Engineer shall create agenda and exhibits for all coordination meetings as directed by the State. 4. The Engineer shall establish and promote the desired agenda and methodologies for utility construction within the project limits. This shall consist primarily of promoting the construction of utilities as a part of the highway contract. 5. The Engineer shall schedule and conduct a utility kick-off meeting to obtain more information on existing facilities within the project limits. Major utility facilities must be discussed and analyzed to avoid relocation, if possible. 6. The Engineer shall schedule and conduct milestone meetings (or as -needed meetings) with the State to coordinate the work effort and resolve problems. The Engineer shall prepare a written report of these meetings. The meetings must include review of the following: a. Existing facilities including major facilities to be avoided with the project, if possible b. Utility Conflict Matrix c. Utility Conflict Exhibit d. Long lead items that could potentially impact the schedule during PS&E C. Deliverables Utility Conflict Matrix'along with Utility Conflict Exhibit. The Utility Conflict Exhibit must be on 11x17 sheets and include callouts to indicate the conflict ID#, utility owner, type of line (water, sewer, high pressure gas, etc.),"material (if it is an AC pipe line), and size (if known). 2. Utility Contacts list in excel and pdf format 3. Utility Summary to indicate major utility facilities or time sensitive items pertaining to utilities that need to be addressed in PS&E. FUNCTION CODE 145 (145, 164) — MANAGING CONTRACTED/DONATED PE CONTRACT MANAGEMENT AND ADMINISTRATION 145.1. Contract Management and Administration. The Engineer shall: A. Act as an agent for the County when specified in a work authorization. B. Produce a complete and acceptable deliverable for each environmental service performed for environmental documentation. C. Incorporate environmental data into identification of alternatives. D. Notify the County and State of its schedule, in advance, for all field activities. Page 27 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 E. Notify the County and State as soon as practical, by phone and in writing, if performance of environmental services discloses the presence or likely presence of significant impacts (in accordance with 40 Code of Federal Regulations (CFR)1500-1508). Inform the State of the basis for concluding there are significant impacts and the basis for concluding that the impacts might require mitigation. F. Notify the County and State as soon as practical, by phone and in writing, if performance of environmental services results in identification of impacts or a level of controversy that might elevate the transportation activity's status from a categorical exclusion or environmental assessment. The State will reassess the appropriate level of documentation. FUNCTION CODE 160 (150) — ROADWAY DESIGN DESIGN SURVEYS AND CONSTRUCTION SURVEYS 150.1. Design And Construction Survey. A. Definitions 1. Design Survey (15.2.1) A design survey gathers data in support of transportation systems design. A design survey includes the research, field work, analysis, computation, and documentation necessary to provide detailed topographic (3-dimensional) mapping of a project site (e.g. locating existing ROW, surveying cross -sections or developing data to create cross -sections and digital terrain models, horizontal and vertical location of utilities and improvements, collecting details of bridges and other structures, review of ROW maps, establishing control points). 2. Construction Survey (15.2.2) A construction survey provides data in support of transportation systems construction. A construction survey may include reconnaissance, field work, analysis, computation, and documentation necessary to provide horizontal and vertical positions of specific ground points to establish lines or grades or for the validation of quantities of materials placed or removed. Construction layout and staking is included in this category. B. Technical Requirements for Design and Construction Surveys 1. Design surveys and construction surveys must be performed under the supervision of a RPLS currently registered with the TBPELS. 2. All control must meet the of accuracy requirements of the State. The Surveyor shall comply with the standards of accuracy for control traverses provided in the TxDOT Survey Manual or the TSPS Manual of Practice for Land Surveying in the State of Texas, as may be applicable. 3. Short traverse procedures used to determine horizontal and vertical locations must meet the following criteria: a. Short traverses must begin and end on horizontal and vertical ground control as described above. b. Required horizontal accuracy (unless otherwise stated): (1) Bridges and other roadway structures: less than 0.1 feet. (2) Utilities and improvements: less than 0.2 feet. (3) Cross -sections and profiles: less than 1 foot. Page 28 of 44 Exhibit A 150.2. Contract ID No. CIP 23-600 Project 3 FM 1688 (4) Bore holes: less than 3 feet. c. Required vertical accuracy: (1) Bridges and other roadway structures: less than 0.02 feet. (2) Utilities and improvements: less than 0.1 feet. (3) Cross -sections and profiles: less than 0.2 feet. (4) Bore holes: less than 0.5 feet. C. Data Requirements for. Design and Construction Surveys 1. Planimetric DGN files must be fully compatible with the version of the MicroStation graphics program currently used by TxDOT without further modification or conversion. 2. Electronically collected and processed field survey data files must be fully compatible with TxDOT's computer systems without further modification or conversion. All files must incorporate only those feature codes currently being used by TxDOT. 3. Digital terrain models (DTMs) must be fully compatible with the version of the Bentley OpenRoads civil design system currently used by TxDOT without further modification or conversion. All DTM must be fully edited to provide a complete digital terrain model with all necessary break lines. Design Survey (15.2.1). A. Tasks to be Completed — Design Surveys If requested by the State, the Surveyor shall perform one or more Design Surveys. Design Survey tasks include the following: 1. Collect data to create cross -sections and DTMs. 2. Locate existing utilities. 3. Locate existing improvements. 4. Provide details of existing bridge structures, including bridge limits, bents, columns, retaining walls, and natural ground elevations. 5. Locate details of existing drainage features including culverts, manholes, retention and detention ponds, flowlines, and associated features. 6. Locate all waters of the United States (WOTUS), including wetlands. 7. Review existing ROW maps and locate the existing ROW. a. Review existing ROW maps The Surveyor shall review ROW maps prepared by others for completeness using the current schematic and the checklist provided by the TxDOT district. b. Locate existing ROW The Surveyor shall resurvey the existing ROW where it is necessary to update or redefine ROW lines. All standard surveying procedures must be adhered to including record research, recovering existing monuments, and replacing monuments as appropriate. The Surveyor shall prepare an abstract map, preliminary map, final map, GIS graphics file, and a Surveyor's report. The final map must also include a monument table showing the property monuments that were found and set, and certified by the Surveyor. The Surveyor shall prepare maps either in standard map sheets format or roll map format as requested by the TxDOT district. Page 29 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 8. Locate boreholes. 9. Perform hydrographic surveys, according to details requested by the TxDOT district. 10. Verify the condition and usefulness of existing control points including verification of the values. Establish additional control as needed. Tie to other control points in the project vicinity including points established by the National Geodetic Survey (NGS), the Federal Emergency Management Agency (FEMA), and any other local entities as directed by the State. 11. Update existing control information and prepare new survey control data sheets, as directed by the State to be included in the construction -plan set as described below: a. The Surveyor shall prepare, sign, seal, and date a survey control index sheet and horizontal and vertical control sheet(s) to be inserted into the plan set. b. - The survey control index -sheet provides an -overview of the primary project control and must include: (1) An unscaled vicinity map showing the general location of the project in relation to nearby towns or other significant cultural features. (2) A scaled project map showing the extents of the project and the location of the primary control points. The map must show street networks, selected street names, control point identification, and significant cultural features necessary to provide a general location of the primary control. (3) A table containing the primary control point values including the point number, northing, easting, elevation, stationing, and stationing offset values. (4) Map annotation including a graphic scale bar, north arrow, and standard TxDOT title block. The title block shall contain a section for the district name, county, highway, and CSJ number. The title block shall also contain a section for a Texas registered engineer to sign, seal and date the sheet to include the following statement, "The survey control information has been accepted and incorporated into this PS&E." The required format of the survey control index sheet can be downloaded from the TOOT website. (6) In the title block under the heading "Notes", identification of the horizontal and vertical datum on which the primary control is based with the date of the current adjustment, the surface adjustment factor used, and unit of measure. The Surveyor shall include a note stating that the coordinates are State Plane and a notation specifying either grid or surface adjusted coordinates. c. The Surveyor shall prepare horizontal and vertical control sheets providing detailed information about the construction, location, and monumentation of the primary control, which must include: (1) An unscaled location map for each primary control point showing the location of the monument in relation to physical features located in the vicinity. The location map must include a north arrow, the monument designation, the monument northing, easting, and elevation. (2) Directly below the location map a text description of the monument including size, material, and construction followed by a description of the location of the monument starting with the county and state followed by a description suitable to locate the monument on the ground. (3) Map annotation including a graphic scale bar, north arrow, and a standard TxDOT title block. The title block must contain a section for the district name, county, highway, and CSJ number and contain a section for a Texas Page 30 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 registered engineer to sign, seal and date the sheet to include the following statement, "The survey control information has been accepted and incorporated into this PS&E." The required format of the survey control index sheet can be downloaded from the TxDOT website. (4) In the titleblock under the heading "Notes", identification of the horizontal and vertical datum on which the primary control is based with the date of the current adjustment, the surface adjustment factor used, and unit of measure. The Surveyor shall include a note stating that the coordinates are either grid or surface adjusted coordinates. 150.3. Construction Survey (15.2.2). - OMITTED 150.4. Deliverables for Design and Construction Surveys. The Surveyor shall prepare and submit the deliverables as specified in individual work authorizations for design surveys and construction surveys. The deliverables might be any combination of the following: A. Digital terrain models (DTM) and the triangular irregular network (TIN) files in a format acceptable by the State. B. Maps, plans, or sketches prepared by the Surveyor showing the results of field surveys. C. Computer printouts or other tabulations summarizing the results of field surveys. D. Digital files or media acceptable by the State containing field survey data (ASCII data files). E. Maps, plats, plans, sketches, or other documents acquired from utility companies, private corporations, or other public agencies, the contents of which are relevant to the survey. F. Field survey notes, as electronic and hard copies. G. TxDOT Form 2462 for each primary and secondary control point. This form must be submitted in printed format on letter (i.e., A -size) and submitted electronically in PDF format. H. A digital and hard copy of all computer printouts of horizontal and vertical conventional traverses, GPS analysis and results, and survey control data sheets. - I. All GEOPAK files and OpenRoad files. J. Survey reports in a format requested by the State. 150.5. Mapping (15.3). Mapping includes the geospatial data collection and mapping by means of aerial photogrammetry, terrestrial (close range) photogrammetry, terrestrial UDAR, mobile UDAR, and other remote sensing technologies. A. Purpose The purpose of mapping is to provide map and related data to support transportation projects including project design and other uses. B. Definitions 1. Aerial Photogrammetry (15.3.1) — Aerial Photogrammetry means the collection and processing of photography acquired from an airborne platform to develop DGN and DTM files. 2. Terrestrial Photogrammetry (15.1.2) — Terrestrial Photogrammetry means the collection and processing of photography acquired at or near ground level to develop DGN and DTM files. Page 31 of 44 Exhibit A Contract ID No. CIP 23-600 . Project 3 FM 1688 3. Airborne LiDAR (15.3.4) —Airborne LIDAR means laser scanning equipment mounted on a helicopter or other airborne platform to collect data to process for DGN and DTM files. 4. Terrestrial LIDAR (15.3.3) — Terrestrial LiDAR means laser scanning equipment operated from a stationary base on the earth's surface to collect data to process for DGN and DTM files. 5. Mobile LiDAR (15.3.4) — Mobile LiDAR means laser scanning equipment mounted on a moving vehicle operating on the earth's surface to collect data to process for DGN and DTM files. 6. UAS means Unmanned Aircraft Systems (e.g., drones). 7. UAS LIDAR means laser scanning equipment on an unmanned aerial vehicle (e.g., drones) to collect data to process for DGN and DTM files. 1.50.6. Aerial Mapping -Using -a Metric.. Camera -and -Manned Aircraft. Aerial mapping using a metric camera and manned aircraft includes the collection of digital aerial imagery using a calibrated large -format metric aerial camera, performing relative orientation of the imagery through the collection of tie and pass points between adjacent aerial photo frames, performing a least -squares bundled absolute orientation adjustment using ground control points supplemented with airborne GPS and inertial measurement unit (IMU) data, and deriving data from the processed imagery including compilation of planimetric and topographic maps, creation of point cloud digital elevation model (DEM) and digital terrain model (DTM) data, and production of orthophotography. The Surveyor shall provide the services of a certified Photogrammetrist to perform or oversee the tasks under function code 150.6. The Surveyor remains ultimately responsible and shall ensure that the work is performed as required. A. Purpose The purpose of aerial mapping using a metric camera and manned aircraft is to provide map and related data to support transportation projects including project design and other uses. B. Definitions In'150.6, 150.7, and 150.8'the following defihitions apply' 1. Photogrammetrist means an American Society for Photogrammetry and Remote Sensing (ASPRS) Certified Photogrammetrist with a current certification. 2. Mapping Scientist means an American Society of Photogrammetry and Remote Sensing (ASPRS) Certified Scientist-UAS with a current certification. 3. Metric Aerial Photograph means a vertical photograph taken from a manned aircraft using a large -format calibrated digital metric aerial mapping camera. 4. Non -Metric aerial photograph means a vertical or oblique photograph taken from a fixed - or rotary -wing unmanned aircraft system (UAS) aircraft using a non -metric small format consumer -grade digital camera. 5. Large -format digital metric camera means a camera using charge -coupled device (CCD) or complementary metal oxide semiconductor (CMOS) technology to capture an image with a minimum final image size of 11500 by 7500 pixels. 6. Analytical triangulation means the process of developing absolute orientation parameters for individual photogrammetric stereo models through"the use of image tie and pass points combined with ground control in a fully weighted least -squares bundle adjustment. Airborne GPS and IMU data may be used to reduce the number of ground control points. Page 32 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 7. Ground control means points established on the ground by the Surveyor and for which the Northing, Easting, and Elevation coordinates have been determined sufficient in number and geospatial distribution to allow analytical triangulation and mapping to meet the required project accuracy. Ground control can be targeted using paint or other marker material or can be non -targeted. 8. Airborne GPS/IMU —An airborne GPS receiver on -board the aircraft recording GPS and orientation data to be included in the analytical triangulation with the purpose of reducing the number of ground control points required for a metric aerial mapping task. IMU data to supplement the analytical triangulation is optional and its use is at the discretion of the Certified Photogrammetrist or Mapping Scientist. 9. KML means an uncompressed Google Keyhole Markup Language file, which is a two- or three- dimensional map showing a location on the earth. 10. - -KMZ,means,a compressed -GoogleKeyhole- Markup Language file, which is a two- or three- dimensional map showing a location on the earth. 11. DEM means digital elevation model, which is a three-dimensional DGN and/or point cloud in ASPRS LAS 1.2 file format containing all features located in the project area including features both on and above the ground surface. 12. DTM means digital terrain model, which is a three-dimensional DGN and/or point cloud in ASPRS LAS 1.2 format containing only features located on the ground surface. 13. Field Check means. a ground survey validation of the deliverable map product with the purpose of ensuring that the required mapping accuracy has been met. 14. Flight Map means a map depicting the flight line and ground control layout over the project area. 15. Low Altitude Metric Aerial Photography means a metric aerial photography with a nominal ground pixel size of 5 cm or less. 16. DGN means a two or three-dimensional graphics file produced using Bentley MicroStation. The file may contain features and improvements plotted in a horizontal plane along the N and E axes which correspond to the Texas Coordinate System. The file may contain 2D or 3D elements representing topographic, existing, proposed, schematic, and general layout features. 17. Medium Altitude Photography means aerial photography with a film photo scale of 1:12,000 or a digital image with ground pixel size of 20 cm. 18. Project Photo Length means the distance over which photographs are required to be taken. C. Procedure for Aerial Mapping Using a Metric Camera and Manned Aircraft 1. Ground Control The positioning and density of ground control is at the discretion of the Photogrammetrist. Ground control is required to be sufficient to meet the accuracy standard required for the final mapping products. Chapter 3 of the TxDOT Survey Manual provides guidance for the location and density of the ground control. The Photogrammetrist must determine the approximate position for ground control points. The Surveyor shall locate and mark the ground control points in the field using surveying methods. 2. Metric Digital Aerial Photography The Photogrammetrist must acquire metric digital aerial photography using a large format calibrated metric aerial mapping camera. Unless otherwise stated, the imagery will be low altitude with a maximum nominal ground sampling distance of 5.0 cm. The Page 33 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 Photogrammetrist must ensure that all imagery acquisition requirements including all flight parameters are met such that the imagery is suitable for intended use. 3. Analytical Triangulation The Photogrammetrist must process the metric digital aerial photography, ground control, and airborne GPS/IMU data (if collected) to develop an absolute orientation of the imagery suitable for map compilation at the required accuracy. 4. Aerial Mapping The Photogrammetrist must prepare the following: a. A two-dimensional DGN file containing planimetric map features. b. A three-dimensional DGN file containing DTM features. c. Orthophotography The Photogrammetrist must provide orthorectified aerial imagery covering the project area. D. Technical Requirements 1. Aerial mapping using a metric camera and manned aircraft must be performed under the direct supervision of an ASPRS Certified Photogrammetrist. 2. Unless otherwise stated, aerial mapping must meet or exceed the requirements for ASPRS Class 1 mapping at a 1 inch = 40 feet equivalent scale with a one -foot indicated contour interval. E. Data Requirements 1. Planimetric DGN files must be fully compatible with the current Bentley MicroStation version graphics program used by TxDOT without further modification or conversion. 2. Electronically collected and processed field survey data files must be fully compatible with TxDOT's computer systems without further modification or conversion. All files must incorporate only those feature codes currently being used by the State. 3. DTM must be fully compatible with the current version of Bentley OpenRoads civil design system used by TOOT without further modification or conversion. All DTM must be fully edited to provide a complete digital terrain model with all necessary break lines. 4. File features and level structure must be in accordance with the State's current photogrammetry mapping legend. 5. Minimum text size is 0.1 inches when plotted at a scale of 1 inch = 40 feet. F. Deliverables for Aerial Mapping Using a Metric Camera and Manned Aircraft The Photogrammetrist must submit the following: 1. Digital orthophotography delivered on USB flash -drive or hard -drive in Tagged Image File format (TIF) compatible with Bentley MicroStation software and including georeferenced world files. 2. A photo index map in DGN and KMZ format showing the location of each digital image frame. The index map must be overlaid on a base map to provide general location information. 3. An orthophoto index map in DGN, KMZ, and PDF format showing the location of each orthophoto. panel. The PDF format index map must be overlaid on a base map to provide general locational information. 4. An analytical triangulation report signed and sealed by the Photogrammetrist providing a narrative of the aerial photography project and processing results. The report must Page 34 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 include the number of flight strips, overall number of photo frames, the number of ground control points used, the use of airborne GPS and IMU data, and the results of the fully weighted least -squares bundled adjustment. The Photogrammetrist must include a description and results of the analytical triangulation. 5. DGN files for the planimetric and DTM mapping. 150.7. Aerial Mapping Using a Non -Metric Camera and Unmanned Aircraft System (UAS) — OMITTED 150.8. Field Check Survey for Aerial Mapping Using Manned Aircraft or UAS. Field checking of aerial mapping projects involves surveying a statistical sampling of discreet features shown on the map. It is a collaborative effort between the Photogrammetrist or Mapping Scientist-UAS and the Surveyor to validate that the map derived photogrammetrically meets the required accuracy standard. Because. not all. features shown- on the map are good candidates for checking, it is necessary for the Photogrammetrist or Mapping Scientist to select discreet and unambiguous points that can then be surveyed and effectively evaluated between both the photogrammetric and field survey data sets. The Photogrammetrist or Mapping scientist-UAS will provide a minimum of twenty 20 check point locations randomly distributed throughout the mapping area. The descriptions of the points must be sufficient to eliminate any ambiguity of the exact point to be surveyed. A. Purpose The purpose of a field check for aerial mapping is to validate that map accuracy requirements have been met. B. Definitions In 150.8, the following definition applies: Check Point — A randomly distributed point captured in the DGN mapping file selected by the Photogrammetrist or Mapping Scientist and provided to the Surveyor to be used to verify that the mapping accuracy requirement has been met. ... C. Procedure to -Field. Check Survey. for.Aerial Mapping Using Manned Aircraft or UAS 1. The Photogrammetrist or Mapping Scientist-UAS must prepare and provide the Surveyor a listing of points to be validated in the field. Sufficient detail and description of the point is required to eliminate the possibility of a misidentification of the point during the field survey. A minimum of 20 horizontal and 20 vertical check points are required. Any single point can be used for both horizontal and vertical data as appropriate. A check point must not be part of the analytical triangulation least -squares adjustment. 2. The Surveyor shall locate and measure the provided validation points on the ground using equipment and methodologies with a higher level of accuracy than the map being checked. 3. Using the results from the field survey, the Surveyor shall prepare a map accuracy assessment report detailing the results of the field check. The report must include the number of check points used, the field surveying technique used for validation, and the results of the root mean square error (RMSE) and 95% confidence computations. 4. Using the validation data provided by the Surveyor, the Photogrammetrist or Mapping Scientist must prepare a final report detailing the results of the map check. The report .must include both the following Statements of Accuracy, if applicable: a. "This map was compiled to meet the ASPRS Standard for Class 1 map accuracy." Page 35 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 b. "This map was checked and found to conform to the ASPRS Standard for Class 1 map accuracy." D. Technical Requirements The Surveyor shall: 1. Determine the northing, easting, and elevations of the check points provided by the Photogrammetrist or Mapping Scientist using a surveying method of greater accuracy than that used to produce the map being checked. 2. Perform RMSE and 95% confidence computations on the check points using the following methodology: For each horizontal coordinate, the Surveyor shall subtract the Northing value of the map coordinate from the Northing value derived from the field surrey and square the resulting value. The Surveyor shall perform the -same operation -for the Easting coordinate and then add the two squared values: The Surveyor shall repeat the procedure for each check point. The Surveyor shall add up all of the resulting squared values and divide the sum by the number of check points used (i.e., average the squares). Finally, the Surveyor shall calculate the square root of the average. The Surveyor shall report the resulting value as the RMSE value for the horizontal check point analysis. The Surveyor shall multiply the final RMSE value by 1.7308 and shall report the resulting value as the 95% confidence value for the horizontal check point analysis. For each vertical coordinate, the Surveyor shall subtract the elevation value of the map coordinate from the elevation value derived from the field survey and square the resulting value. The Surveyor shall repeat the procedure for each check point. The Surveyor shall add up all of the resulting squared values and divide the sum by the number of check point used (i.e., average the squares). Finally, the Surveyor shall calculate the square root of the average. The Surveyor shall report the resulting value as the RMSE value for the vertical check point analysis. The Surveyor shall multiply the final RMSE value by 1.96 and shall report the resulting values as the 95% confidence for the vertical check point analysis. 3. Provide the results of the RMSE and 95% confidence computations to the Photogrammetrist. E. Data Requirement The Surveyor shall deliver the result of the field check as a report in PDF format. F. Deliverables The Photogrammetrist or Mapping Scientist must provide a map accuracy assessment report detailing the methodology used and results of the map accuracy assessment. 150.9. Horizontal and Vertical Control for Aerial Mapping. Placement and survey of horizontal and vertical control for aerial mapping establishes ground control for aerial mapping projects. A. Purpose The purpose of an aerial photography control survey is to provide ground control for aerial mapping projects. B. Definitions 'in 150.9, Aerial Photography Control Survey means reconnaissance, field work, analysis, computation, and documentation necessary to provide horizontal and vertical position of specific ground points. The ground control points are used in photogrammetric processing. Page 36 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 C.. Procedure for Horizontal and Vertical Control for Aerial Mapping The Surveyor shall: 1. Prepare and submit for approval an aerial ground control layout in DGN and KML format based on the target positions selected by the Certified Photogrammetrist. The layout must show the location of the proposed primary project control and aerial ground control points. 2. Establish and determine the horizontal and vertical coordinates of the primary project control points and aerial ground control points. 3. Place aerial ground control targets at the point location and maintain the targets until the aerial flight has been completed. D. Technical Requirements 1. Aerial photography control surveys must be performed under the direct supervision of a RPLS currently registered with the TBPELS. 2. The horizontal and vertical coordinates of the aerial control points must be based on acceptable methods, conducted by the Surveyor, and must meet the standards of accuracy as set forth below: Survey Level 3 accuracy, as described in the equivalent level of accuracy described in the in the State of Texas. E. Data Requirement TxDOT Survey Manual, latest edition, or the TSPS Manual of Practice for Land Surveying The Surveyor shall perform post processing of field data, which will be reviewed by the State. Data processed by standard calculators, computers, and other business hardware and software normally maintained and used by the Surveyor will be considered acceptable. F. Deliverables The Surveyor shall submit the following: 1. A final aerial control point layout in DGN and KML format showing the location of the primary control and target points labeled with their respective alpha -numeric designation. 2. A plot and computer graphics of an B-size index map showing an overall view of the project and the relationship of primary monumentation and control used in the preparation of the project, signed and sealed by a RPLS, and as directed by the State. 3. A plot and computer graphics of a B-size horizontal and vertical control sheet showing the primary survey control monumentation used in the preparation of the project, signed and sealed by a RPLS, and as directed by the State. 4. An A -size data sheet for each aerial ground control point, which must include a location sketch, a physical description of the point, surface coordinates, elevation, and datums used. 5. A USB flash drive containing the graphics files and scanned images of the control data sheets. 6. A written statement describing the datum used along with copies of all relevant NGS and data sheets. 7. A written tabulation of all aerial control points with their respective alpha -numeric designations and horizontal and vertical coordinates. Page 37 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 150.10. Mapping Services to be Provided. The Surveyor shall provide the following mapping services as requested by the State: A. Aerial Photogrammetry The Surveyor shall prepare planimetric design (DGN), digital terrain model (DTM), and triangulated irregular network (TIN) MicroStation graphics files and orthophotography files covering the specific work location, meeting standards and specifications as required. B. Terrestrial Photogrammetry The Surveyor shall prepare planimetric design (DGN), digital terrain model (DTM), and triangulated irregular network (TIN) MicroStation graphics files covering the specific work location, meeting standards and specifications as required. C. Terrestrial Lidar The Surveyor shall prepareplanimetric design (DGN), digital terrain model (DTM), and triangulated irregular network (TIN) MicroStation graphics files covering the specific work location, meeting standards and specifications as required. D. Mobile and Aerial Lidar The Surveyor shall prepare planimetric design (DGN), digital terrain model (DTM), and triangulated irregular network (TIN) MicroStation graphics files covering the specific work location, meeting standards and specifications as required. E. Mapping Tasks to be Completed The Surveyor shall perform the following tasks as requested for each mapping service. 1. Horizontal and Vertical Control for Aerial Mapping a. The Surveyor shall prepare and submit an aerial ground control layout showing the proposed aerial ground control points, for approval by the State. b. The Surveyor shall establish and determine the coordinates of the aerial ground control points. c. The Surveyor shall establish and determine the elevations of the aerial control points. d. The Surveyor shall place aerial ground control target material at the established points and maintain until the photographs from the flight are approved. e. The Surveyor shall prepare, to scale, a survey control index sheet for the aerial control points. f. The Surveyor shall be prepared to locate additional points, as determined by the American Society for Photogrammetry and Remote Sensing (ASPRS) certified Photogrammetrist, if any panel points are not visible from the air. 2. ' Deliverables for Horizontal and Vertical Control for Aerial Mapping The Surveyor shall provide the following deliverables: a. A final aerial control point layout showing the location of the points and labeled with their respective alpha -numeric designations. b. A plot and computer graphics of an B-size index map showing an overall view of the project and the relationship of primary monumentation and control used in the preparation of the project, signed and sealed by a RPLS, and as directed by the State. Page 38 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 c. An A -size data sheet for each aerial ground control point, which must include a location sketch, a physical description of the point, surface coordinates, the elevation, and datums used. d. A USB flash drive containing the graphics files and scanned images of the control data sheets. e. A written statement describing the datum used along with copies of all relevant NGS and data sheets. A written tabulation of all aerial control points with their respective alpha -numeric designations, surface coordinates (for center panel points only), and elevations. 3. Prepare Planimetric and DTM Data The Surveyor shall perform the following tasks for each requested mapping service: a. The Surveyor shall provide low altitude aerial mapping to cover an area 1,200 feet wide centered on the roadway unless otherwise specified, with cross flights as directed by the State. The Surveyor shall follow all standards and specifications in accordance with established guidelines and recommended or approved by the State. b. The Surveyor shall prepare planimetric design (DGN), digital terrain model (DTM), and triangulated irregular network (TIN) Bentley MicroStation graphics files and orthophotography files covering the specific work location, meeting standards and specifications as required. (1) The Surveyor shall collect supplemental planimetric and DTM survey data. (2) The Surveyor shall update aerial 2D and 3D mapping with ground surveys. (3) The Surveyor shall maintain the current DGN level structure and legend used by TxDOT. (4) The Surveyor shall maintain the current DTM level structure and legend used by TxDOT. (5) The'Surveyor shall use file features and level structures in compliance with TxDOT's current photogrammetry mapping legend. (6) The Surveyor shall locate, and field check random points. c. The Surveyor shall conduct quality assurance and quality control (QA/QC) for each task performed and prepare a Surveyor's Report. 4. Deliverables for Planimetric and DTMs The Surveyor shall provide the following: a. Certification that the photographs or UDAR imagery were taken on the date indicated, signed by the airplane pilot or aerial photographer. b. The DGN, DTM, and TIN files on a medium and in a format acceptable to the State, delivered on USB flash -drive or hard -drive. (1) Orthophotography (created using the DTM) delivered on USB flash drive, or .hard -drive in tiff format (3 banded) with world files. (2) TxDOT's photogrammetry mapping legend and supplements. c. A tabulation showing the field -check points. d. Quality Assurance and Quality Control (QA/QC) and Statement of Map Accuracy. Page 39 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 (1) Statement of map accuracy. (2) A surveyor's report signed and sealed by an RPLS. 1,50.11. Horizontal And Vertical Control (15.3.5). This includes the establishment of horizontal and vertical control for survey projects. A. . Overview of Horizontal and Vertical Control A horizontal control survey is performed for the purpose of placing geographic coordinates of latitude and longitude on permanent monuments for referencing lower levels of surveys. A projection is used to place the coordinates on a plane of northing and easting values for simplified measurements. Scale and elevation factors are applied to make the distance measurements applicable to the exact location on the working surface and the type of projection chosen is an "equal angle" type. A vertical control survey is performed for accurately determining the orthometric height (elevation) of permanent monuments to be used as bench marks for lower quality leveling. Spirit leveling is the usual method of carrying elevations across country from "sea level' tidal gauges. However, Global Positioning System (GPS) can be used indirectly but with less accuracy. Height measurements from the ellipsoid (as opposed to the "sea level" geoid) can be determined very accurately with GPS and only GPS. Trigonometric leveling, with a total station, is not acceptable for vertical control work. B. Definitions 1. BM means bench mark, which is a relatively permanent object whose elevation above or below an adopted datum is known. 2. CORS means continuously operating reference station, which is a network of the highest quality horizontal stations, forming the National Spatial Reference System (NSRS). 3. Control Survey means a survey providing positions (horizontal or vertical) of points to which supplemental surveys are adjusted. 4. Datum means a mathematical model of the earth designed to fit part or all of the geoid. 5... Datum Point. Rod or. Deep Rod Monument means a monument driven to refusal by a power driver, used for major project control. 6. GPS means the Global Positioning System, which is based on a constellation of 24 satellites orbiting the earth at a very high altitude. 7. Horizontal Control Survey means placing geographic coordinates of latitude and longitude on permanent monuments. 8. Level 1 survey means RRP, CORS or major control densification. 9. Level 2 Survey means primary project control. 10. Level 3 Survey means secondary project control. 11. NGS means National Geodetic Survey 12. RRP means Regional Reference Point, which is a TxDOT Continuously Operating Reference Point. 13. Type II Monument means a disk driven onto a length of 5/8-inch rebar with the hole filled flush with concrete. ' 14: Vertical Control Surveys means a survey performed for accurately determining the orthometric height (elevation) of permanent monuments to be used as bench marks for lower quality leveling. Page 40 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 C. Procedure for Horizontal and Vertical Control The Surveyor shall establish horizontal and vertical control points, including offsite points. The Surveyor shall prepare signed survey control data sheets, a survey control index sheet, and a composite layout of the horizontal and vertical controls, and as directed by the State. 2. The Surveyor shall update existing control information and prepare new survey control data sheets, as directed by the State, to be included in the construction plan set as described in Item 150.11, D. D. Technical Requirements for Horizontal and Vertical Control The Surveyor shall adhere to the following technical requirements. 1. Horizontal and vertical controls must be performed under the supervision of a RPLS currently registered With. the TBPELS. 2. Horizontal ground control used for design surveys and construction surveys, furnished to the Surveyor by the State or based on acceptable methods conducted by the Surveyor, must meet the standards of accuracy required by the State. The Surveyor shall comply with the standards of accuracy for horizontal control traverses, as described in the TxDOT Survey Manual or the TSPS Manual of Practice for Land Surveying in the State of Texas, as may be applicable. 3. Vertical ground -control used for design surveys and construction surveys, furnished to the Surveyor by the State or based on acceptable methods conducted by the Surveyor, must meet the standards of accuracy required by the State. The Surveyor shall comply with the standards of accuracy for vertical control traverses, as described in the TxDOT Survey Manual or the TSPS Manual of Practice for Land Surveying in the State of Texas, as may be applicable. 4. Monuments The Surveyor shall install survey monuments for a horizontal and vertical control survey that are reasonably permanent and substantial. The monuments shall be easily identified and afforded reasonable protection against damage and or destruction. a. Offsite primary control points whether set by GPS or conventional survey methods must be set in pairs approximately 2000 feet apart outside of the project on side roads. Offsite points must be constructed approximately every 2 miles and set approximately 6 inches below natural ground and must be inter -visible between each pair of points. b. Secondary control points must be set approximately 6 inches below ground at a maximum distance of 1,500 feet apart. 5. Side shots or short traverse procedures for total stations used to determine horizontal and vertical locations must meet the following criteria: a. Short traverses and instrument setups for side shots must begin and end on horizontal and vertical ground control as described above. b. Standards, procedures, and equipment (e.g., GPS Equipment, LiDAR, Total Stations) used must be such that horizontal locations 'relative to the control can be reported within the specification to allow the engineer to accurately create the design.to the following limits: (1) Bridges and other roadway structures: less than 0.02 feet. (2) Utilities and improvements: less than 0.2 feet. Page 41 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 (3) Cross -sections and profiles: less than 0.2 feet. (4) Bore holes: less than 0.5 feet. c. Standards, procedures, and equipment (e.g., GPS Equipment, UDAR, Total Stations) used must be such that vertical locations relative to the control may be reported to within 0.02 feet. 6. The Surveyor shall update existing, control information and prepare new survey control data sheets, as directed by the State, to be included in the construction plan set as described below: a. The Surveyor shall prepare, sign, seal, and date a survey control index sheet and horizontal and vertical control sheets to be inserted into the plan set. b. The Surveyor shall prepare a survey control index sheet that provides an overview of the -primary project control and must include: (1) An unscaied vicinity map showing the general location of the project in relation to nearby towns or other significant cultural features. (2) A scaled project map showing the extents of the project and the location of the primary control points. The map must show street networks, selected street names, control point identification, and significant culture features necessary to provide a general location of the primary control. (3) A table containing the primary control point values including the point number, northing, easting, elevation, stationing, and stationing offset values. (4) Map annotation including a graphic scale bar, north arrow, and standard TOOT title block. The title block must contain a section for the district name, county, highway, and CSJ number. The title block must also contain a section for a Texas registered engineer to sign, seal, and date the sheet to include the following statement, "The survey control information has been accepted and incorporated into this PS&E". The Surveyor shall download the required format of the survey control index sheet from the TOOT website. (5) In the title block under the heading "Notes", identification of the horizontal and vertical datum on which the primary control is based with the date of the current adjustment, the surface adjustment factor used, and unit of measure. The surveyor shall include a note stating that the coordinates are State Plane and a notation specifying either grid or surface adjusted coordinates. E. Data Requirement The Surveyor shall perform post processing of field data, which will be reviewed by the State. Data processed by standard calculators, computers, and other business hardware and software normally maintained and used by the Surveyor will be considered acceptable. F. Tasks to be Completed The Surveyor shall perform the following tasks: The Surveyor shall establish horizontal and vertical control points, including offsite points. The Surveyor shall prepare signed survey control data sheets, a survey control index sheet, and a composite layout of the horizontal and vertical controls, and as directed by the State. 2. The Surveyor shall set primary offsite control points in pairs, approximately 2 miles apart outside of the project area. Page 42 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 3. The Surveyor shall set secondary control points approximately 6 inches below ground at a maximum distance of 1,500 feet apart. 4. The Surveyor shall establish horizontal and vertical control from the TxDOT Virtual Reference Station (VRS) Network, and as directed by the State. 5. The Surveyor shall tie and tabulate horizontal and vertical control to other control points and datums in the vicinity established by other sources such as the National Geodetic Survey (NGS), the Federal Emergency Management Agency (FEMA), TxDOT VRS Network, and as directed by the State. G. Deliverables The Surveyor shall provide the following: 1. A B-size plot and MicroStation graphics files of the index map showing an overall view of the•project•and the relationship -of -the primary monuments and control points established for the project, signed and sealed by a registered professional land surveyor (RPLS), and as directed by the State. 2. One A -size data sheet for each control point which shall include, but need not be limited to, a location sketch, a physical description of the point, surface coordinates, the elevation, and the datum used. 3. A USB flash -drive containing the graphics files and scanned images of the control data sheets. 4. A written statement describing the datum used, signed and sealed by a RPLS, along with copies of all relevant NGS and TxDOT data sheets. FUNCTION CODE 160 (163) — ROADWAY DESIGN MISCELLANEOUS ROADWAY 163.1 Geotechnical Borings and Investigations A. - The -Engineer shall determine the. location -of •proposed• soil borings for bridge design, embankment settlement analysis, retaining walls, slope stability and along storm drain alignment in accordance with the latest edition of the TxDOT Geotechnical Manual. The State will review and provide comments for a boring layout submitted by the Engineer showing the general location and depths of the proposed borings. Once the Engineer receives the State's review comments, the Engineer shall perform soil borings (field work), soil testing, and prepare the boring logs in accordance with the latest edition of the TxDOT Geotechnical Manual and the local TxDOT district's procedures and design guidelines. B. All geotechnical work must be performed in accordance with the latest version of the TxDOT Geotechnical Manual. All testing must be performed in accordance with TxDOT's Test Procedures, which are available at hftps://www.txdot.gov/business/resources/testing.htmi. American Society for Testing Materials (ASTM) test procedures may be used only in the absence of the TxDOT procedures. All soil classification must be done in accordance with the Unified Soil Classification System. C. If applicable, the Engineer shall perform any retaining wall analyses including the settlement analysis. This analysis must include the computation of the factor of safety for bearing capacity, global stability, overturning, and sliding. In addition, the Engineer shall include allowable bearing pressure, passive earth -pressure, friction factor, settlement analysis (consolidation report), and lateral earth pressure for the retaining walls. Page 43 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 D. If applicable, the Engineer shall perform soil borings, coring for pavement removal items, piezometric readings, testing and analysis to include slope stability analysis, settlement analysis, and foundation design recommendations along storm drain alignment, retaining walls, overhead sign structures, bridges, embankments, and any temporary soil retaining systems. E. The Engineer shall provide a signed, sealed, and dated geotechnical report that contains soil boring locations, boring logs, laboratory test results, generalized subsurface conditions, ground water conditions, piezometer data, analyses and recommendations for settlement and slope stability of the earthen embankments, skin friction tables, and design capacity curves including skin friction and point bearing. The skin friction tables and design capacity curves must be present for piling and drilled shaft foundation. F. If applicable, the Engineer shall perform scour analysis to include grain size distribution curves with D50 value for each soil layer and a D50 grain size for a sample in the stream bed at the upstream face of the bridge in the upper 1469t of the stream bed.. In addition, the Engineer shall provide a subsurface profile including the following information for each layer: 1. Particle Size Analysis (Tex-110-E) including: a. Median Grain Size (D50) and percent clay (percent passing No. 200 sieve) b. Soil type based on grain dimensions of cohesionless materials 2. Liquid Limit (Tex-104-E) as required for clayey soils 3. Plastic Limit (Tex;I05-E) as required for clayey soils 4. Plasticity Index (Tex-106-E) as required for clayey soils 5. USCS Soil Classification (Tex-142-E) as required for clayey soils G. The Engineer shall sign, seal, and date soil boring sheets to be used in the PS&E package. The preparation of soil boring sheets must be in accordance with a State's District standards. H. Foundation Studies: The Engineer shall coordinate with the State to determine the location of soil borings to be drilled along the retaining wall alignments. The soil borings must extend a minimum of.35. feet below the footing. elevation or deeper as soil conditions warrant. Spacing of soil borings shall not exceed 500 feet. The Engineer shall provide a boring layout for the State's review and comment. I. The Engineer shall incorporate soil boring data sheets prepared, signed, sealed, and dated by the geotechnical engineer overseeing the work. The soil boring sheets shall be in accordance with the State's WINCORE software, which is available on the Texas Department of Transportation (TxDOT) website. J. Pavement Design: If applicable, the Engineer shall incorporate the pavement design developed by the State. If the pavement design is not available, the State may request the Engineer perform pavement design and submit to State for review and approval. K. Deliverables Preliminary Pavement Design Report 2. Geotechnical Report 3. DGN flies containing drilling log data from Geotechnical analysis Page 44 of 44 Exhibit A Contract ID No. CIP 23-600 Project 3 FM 1688 EXHIBIT B ADDITIONAL SERVICES TO BE PROVIDED BY THE ENGINEER FM 1688 from SH 47 to FM 2818 CSJ: 1560-02-019 The Engineer shall provide the necessary engineering and technical services for the preparation of plans, specifications, and estimates (PS&E) for the construction of FM 1688, to a four -lane divided urban roadway. The project will be prepared in conformance with state and federal requirements. The construction plan sets shall contain the drawings, details, and applicable standards required to describe the grading, paving, drainage, structures, signing, pavement marking, delineation, sequence of construction, and traffic control for this construction project. The project will also require a TxDOT approved pavement design, additional SUE investigations, and preparation of ROW maps and deed descriptions, in accordance with the TxDOT approved schematics and environmental documents described in Exhibit A. Under subsequent work authorizations, the engineer may provide some or all the following: Assistance with Right -of -Way Mapping and Acquisition, including, but not limited to, testimony at eminent domain proceedings, Review of conflict analysis for utility relocation plans, and Construction phase services, including, but not limited to, preparation of change orders, review of shop and fabrication drawings, schedule analysis and participation in project meetings, as requested by TxDOT. The ENGINEER will be the single point of contact between the County and all contractors/subcontractors and will review all work performed, coordinate and conduct all meetings, and prepare and submit all project reports and documents. Page 1 of 1 Exhibit B Prime Provider. R. G. Miller Engineers, Inc. Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Mitchell & Morgan, Terracon Binkley & Barfield Baseline Corporation Agha Engineering, Gauge ROAW Prime Provider. R. G. Miller Engineers, Inc. R G. Miller) DCCM LLP Consultants, Inc. DCCM ) DCCM LLC (AEL) Engineering, LLC Corporation Project: FM 1688 (Leonard Road) SUBTOTALS (RGM) (M&M) (TER) (BBQ (BLC) Sub (GEL) Prime Sub Sub Sub Sub Sub Sub CSJ:1560-02-019 Total Labor Cost $1.157,218.00 $845,400.00 $83,330.00 $2.555.00 $21,332.06 $98,740.00 $105,861.00 FC 102 (110) Other Direct Expense $101316.00 $6.057.00 $3.997.00 $262.00 $0.00 $1,167,534.00 $851,457.00 $87,327.00 $2,555.00 $21,332.00 $98.740.00 $106.123.00 Unit Cost Subtotal $306,546.00 Total Labor Cost $306,546.00 $18,256.00 FC 120 (120) Other Direct Expense $18,256.00 $0.00 $324,802.00 Unit Cost Subtotal $324,802.00 Total Labor Cost $143,384.00 $9,776.00 $133,608.00 FC 135 (135) Other Direct Expense $30,376.00 $30.376.00 Unit Cost $284,712.00 $284.712.00 Subtotal . $458,472.00 $9,776.00 $448,696.00 $10,800.00 Total Labor Cost $19,608.00 $8,808.00 FC 145 (145) Other Direct Expense $0.00 Unit Cost $0.00 $10,800.00 Subtotal $19,608.00 $0.808.00 Total Labor Cost $90.107.00 $8,712.00 $81,395.00 FC 160 (150) Other Direct Expense $2;531.00 $2,531.00 Unit Cost $166,025.00 $166,025.00 Subtotal $258.663.00 $8,712.00 $249.951.00 Total Labor Cost $25,876.00 $9,376.00 $16,500.00 FC 160 (163) Other Direct Expense $12,843.00 $12,843.00 Unit Cost $32.084.00 $32,084.00 Subtotal $70,803.00 $9,376.00 $61.427.00 Grand Total J $2,299,882.00 $888,129.00 $87,327.00 $63,982.00 $470,028.00 $249,951.00 $98,740.00 $106,123.00 $335,602.00 38.62% 3.80% 1 2.78% 20.44% 10.87% 4.29% 4.61% 14.59% 1 of 17 EXHIBIT C Prime Provider: R. G. Miller Engineers, Inc. Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Prime Provider. R. G. Miller I DCCM PROJECT SENIOR QUALITY PROJECT ENGINEER SENIOR SENIOR ADMIW TOTAL NO OF TASK DESCRIPTION MANAGER TECHNICAL MANAGER ENGINEER IN ENGINEER CADD CLERICAL LABOR HRS. DWGS ADVISOR TRAINING TECH OPERATOR & COSTS FEASIBILITY STUDIES - FC 102 (110) ROUTE & DESIGN STUDIES - 110.1 SCHEMATIC DESIGN WORK OUTLINE 4 12 12 32 A. Develop Base Maps 2 1 2 1 2 2 4 4 14 20 B. Planimetrics and Aerial Mapping C. Analyze Existing Conditions 1 1 6 12 1 ROW and easement determination 2 2 6 20 2 Horizontal alignment (SH 1688) 2 2 8 8 8 4 18 3 Vertical alignment 1 1 4 816 4 Pavement cross slopes and pavement type existing typical sections) 4 8 7 Intersection design and analysis 2 2 1 a 8 Sight distance 1 1 2 4 7 9 Roadside signing 2 4 10 10 Level of service i 4 4 20 11 Safety (Le. crash data) 1 3 e 8 100 12 Locations of critical constraints B 12 8 24 48 D. Schematic Alternatives (up to 8, In kmz andfor exhibits) 84 F. Project Management and Coordination 40 4 20 20 140 1 Coordination with Brazos County and TXDOT (assume monthly status meetings) 40 Management and coordination with subconsultants 100 20 1 8 38 2 Prepare and update project work schedule 10 12 24 48 3 Submit month progress reports and Invoices 48 10 6 16 20 54 54 4 20 4 Provide ongoing OAOC 8 8 18 5 Conduct site visits in AM and PM peak hour and develop technical report 6 6 6 28 G. Data Collection and Field Reconnaissance Jassume 1 visit each at 6 hours per person L Preliminary Design Conference 4 4 12 8 a. Prepare Design SummaryReport(DSR)- SubmitelectronicfileinPDFformat 4 4 12 b. Attend Initial kick-off meeting 4 4 4 14 rw Prepare and distribute meeting minutes for kickoff meeting 2 2 110.2 SCHEMATIC DESIGN 2 2 6 4 14 W Property Base Mao review subconsullant deliverables) 2 2 4 8 4 4 pical Sections (existing and proposed FM 1688) 2 2 4 8vironmentalConstralnts(reviewsubconsullantdeliverables) 8ainage(review 2 2 4 e subconsullant deuverames) 2 2 2 4 4 16 [ERROWRequirements4 2 2 42 12 nsWction Sequence(review subconsullant deliverables) 2 4 2 esign Exce bons aMc Data and Projections Intersections) a. Data Colladlon 2 4 4 10 6 Oblaln base ear traffic data from TxDO7, Brazos County, City of Bryan 4 Coordinate geld data collection 2 2 4 1 a 2 36 Review traffic data b. Traffic Projections Methodology Memo 4 B 2 8 12 16 Prepare and submit draft traffic pry ections methodology memo 4 8 Address review comments 2 4 2 4 2 8 4 2 24 24 Prepare and submit final traffic projections methodology memo c. Develop Traffic Projections 2 12 2 840 No Build Conditions (ExlSgng N01wmk) 8 20 12 28 Develop opening -year traffic projections (ADT) 8 12 8 Develop deslgn-year(opening-year+20) traffic projections (AU 1) B 2a Develop pavement design -year (opening-year+30) traffic projections (ADT) 8 8 8 4 4 4 24 Develop straight One diagrams (wl ADTs) 4 8 12 8 28 28 Developexisting 2023) AM and PM peak hour volumes Including straight line diagrams 12 8 Develop0 oning- ear and design earAM and PM peak hour votumes Including straight line diagrams 8 22 Build Conditions Future Network) 2 10 a 2 8 a 6 22 22 Developopening-year traffic proJectlons (ADT) a 8 6 22 Develop design-year(opening-year+20 traffic projections (ADT) 8 6 Develop pavement design -year (opening-Year+30) traffic projections (ADT) 8 4 6 4 4 20 Develop straight rine diagrams (w/ADTs 4 8 8 4 20 Develop opening -year and design -year AM and PM peak hour volumes InGuding straight line diagrams 2 of 17 EXHIBIT C Prime Provider: R. G. Miller Engineers, Inc. Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Prime Provider: R. G. Miller I DCCM PROJECT SENIOR QUALITY PROJECT ENGINEER SENIOR SENIOR ADMIW TOTAL NO OF TASK DESCRIPTION MANAGER TECHNICAL MANAGER ENGINEER IN ENGINEER CADD CLERICAL LABOR HRS. & COSTS DWGS ADVISOR TRAINING TECH OPERATOR d. Submittal Package to TPP for Preferred Altemative 0 2 20 16 2 52 20 Pre are and submit draft submittal package to TPP 4 0 0 Address review comments 2 4 2 4 2 B 12 2 32 Prepare and submit fi-net submittal package to TPP 54 J. Traffic and Operational Analysts (7 Intersections) 2 4 12 3674 Traffic Signal Warrant Analyses (6 intersections 4 2 16 28 20 Evaluate conceptual alternative Intersection designs (LOS. corridor travel time, etc) and prepare mabtx 2 8 12 12 a. Existing Network Synchro Analysis 2 2 4 4 12 24 40 24 Existing volumes - AM and PM peak hour B 4 12 24 Design earvolumes (No Build -AM and PM peakhour 2 4 16 b. Future Network Synchro Analysis 2 B 8 16 32 Design year volumes Preferred AilenrIBM) -AM and PM peak hour 0 C. Operational Analysis Report 4 2 16 2416 2 60 Prepare end submit drag operational analysis report 4 0 Address review comments 2 2 2 4 2 16 2 36 Prepare and submit final operational analysis report 4 2 6 6 e 70 K. Safety Analysis 2 2 2 2 2 4 L Bicycle and Pedestrian Accommodations review subconsultant deliverables) 110.3 CONCEPTUAL DESIGN SCHEMATICS (3 alternatives) 8 30 q 46 Matnlane roadway alignment 4 2 4 12 2 20 8 36 Pavement edges, face of curbs, and shoulder fines of maintanes, Intersections, and connecting highways or streets 0 0 4 Typical sections of existing and proposed roadways 2 4 1 2 2 2 2 2 /0 Anticipated structure locations including wildlife crossings and fencing structures) 1 2 2 8 Anticipated conveyance of major drainage elements 1 1 2 2 2 4 2 4 18 2 7 PreliminaryROW and easement requirements and control -of -across locations 2 1 2 2 Direction of traffic Bow and the number of Panes on all roadways 1 2 2 2 7 4 10 Existing and projected traffic volumes 1 1 2 2 2 Existing utilities 2 Water of the United States OTUS 110A GEOMETRIC DESIGN SCHEMATICS ]00 A. Plan View Bentley O nRoads calculated roadway alignments for mainianes and cross streets at major Intersections 16 4 60 30 50 260 20 62 Horizontal curve data shown in tabular formal 0 4 2 12 72 20 24 4 40 80 b lines, and sidewalks for all roadway Improvements Pavement edges, curb 4 2 8 20 4 16 `� Typical sections of existing and proposed roadways (FM 1655) 4 2 4 4 2 4 10 Proposed sound walls 2 4 2 2 10 Proposed cross•dralnage structures (reference subconsultant dellverables) 4 2 2 10 Existing utilities and proposed utilities (reference subconsultant doliverablos 2 4 2 2 10 Erdsting propertylines and ownershipInformation reference subeonsultant deliverables) 2 4 2 2 Existing ROW and easements (reference subconsultant deliverables) 2 4 2 8 0 10 Water of the US (WOTUS) 2 2 4 2 2 14 Control -or -access limits reference subconsultant deliverables) 4 4 2 4 10 Aerial background 2 4 4 32 Erdsting and projected tragic volumes 4 2 4 16 1 2 4 0 26 Existing and proposed guide signs 2 4 0 4 Lane lines, shoulder lines, and direction of Irafflc Row arrows B. Profile Vow 0 4 2 20 60 1 6 40 160 2 0 20 Calculated profile grade and vertical curvo data 2 4 4 2 12 Existing ground tine profiles 4 4 2 2 12 Anticipated cross -drainage structures (reference subconsultant deiiverabies) 4 2 Pro osed ditch grading(relerencesubwnsultanldefiverables) 4 4 2 2 12 Approximate locations of existing and proposed utifity crossings (reference subcansullanl deliverables) 4 2 2 2 4 8 2 4 24 Driveway profiles shown at mainlane PGL 110.5 CROSS SECTIONS 16 2 12 60 00 AO 00 9 02 Generate cross sections eve 100 feat for the referred alternative 10 4 8 20 40 Calculate earthwork volumes for the 30%, 60%, 95%. and 100% submittals 15 110.6 RETAINING WALLS 1 2 4 8 Determine need and length of retaining waK along the shared use path 2 4 4 0 10 Illustrate retaining wail($) in the schematic, typical sections and cross sections 3 of 17 EXHIBIT C Prime Provider: R. G. Miller Engineers, Inc. Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Prime Provider. R. G. Miller DCCM Compute and tabulate retaining wall quantities TASK DESCRIPTION 1 PROJECT MANAGER SENIOR TECHNICAL ADVISOR QUALITY MANAGER 2 PROJECT ENGINEER 4 ENGINEER IN TRAINING SENIOR ENGINEER TECH 4 SENIOR CADD OPERATOR ADMIM CLERICAL 11 TOTAL LABOR HRS. 6 COSTS NO OF DWGS 110.7 RENDERINGS AND TRAFFIC SIMULATION Review subconsultanl deliverables 4 4 4 12 110.6 PRELIMINARY CONSTRUCTION SEQUENCE Review subconsultanl deliverables 4 6 4 4 4 22 110.9 PRELIMINARY COST ESTIMATE Prepare and submit POF and MS Excel of the conceptual cost estimates Prepare and submit PDF and MS Excel of the 30%, fig%, Mo. and 100 % submittal cost estimates 4 16 2 B 8 40 12 BD 26 1'M 2 110.10 ENGINEERING SUMMARY REPORT80 Prepare and submit draft engineering summary report Address review comments Prepare and submit final engineering summary report 4 4 4 2 2 24 4 8 40 8 8 16 24 2 110.11 SUPPORT OR ATTENDANCE AT VALUE ENGINEERING STUDY - OMITTED 4 24 140 110.12 AGENCY COORDINATION AND PUBLIC INVOLVEMENT Prepare project introuduclion letter to be approved by TxDOT and mailed to all property owners and stakeholders Conduct meetings with property owners (MAPOs), stakeholders, and various agencies (up to 40 meetings) Prepare schematic exhibits for the Notice and Opportunity to Comment (NOTC) Prepare schematic exhibits and other necessary exhibits for Public Meeting 91 Attend the rehearsal for Public Meeting #1 1 person to auend Attend Public Meeting 01 (3 people to attend) Prepare responses to comments from Public Meeting Prepare schematic exhiand other necessary exhibits for Public Meeting #2 bits Attend Public Meeting #2 (3 people to attend) Prepare responses to comments from Public Meeting #2 4 40 4 B 8 4 4 8 4 2 2 4 40 4 a B 8 8 4 8 4 12 60 B 20 B 12 12 9 8 4 20 16 B 2 30 40 98 8 24 24 20 58 24 16 110.13 SCHEMATIC DESIGN PROJECT DELIVERABLES Draft and final copies of the cenceplual design roll plots pn PDF formal) Draft copies of the geometric schematic plan and profile on PDF formal) (30%. 60%, 95%, and 100% submittals) Final copy of the geometric schematic plan and profile (1 Inch = 1(10 reel) (in PDF formal) Draft copies of the schematic aoss section! (on 11x17 sheets) (tn PDF format) (30%. 60%, 95%, and 100% submittals) Final copy of the schematic cross sections (on 11x17 sheets) (In PDF format) Electronic 3D model using openRoads of the geometric exhibits (30%.60%. 95%, and 100% submittals Final schematic 3d model created using OpenRoads Design exception and design waiver documents KMZ KML file of schematic design layout (30%, 60% 95%, and 100% submittals) Tr 4 20 8 16 8 8 4 8 2 2 4 B 8 4 4 2 12 40 20 24 12 24 8 8 4 20 60 1 40 48 16 24 8 8 4 12 80 40 20 12 4 20 120 80 40 30 4 2 72 32B 196 152 82 56 20 30 18 HOURS SUB -TOTALS CONTRACT RATE PER HOUR TOTAL LABOR COSTS % DISTRIBUTION OF STAFFING 640 $196.00 8/25.-U.00 282 $395.00 S111,672.00 5.6% 152 $260.OD $39,520.0o 3.0% 1178 *172.00 S202,616.00 23.4% 1622 $140.00 $227.080.00 32.2% 360 $132.00 $47,520.00 72% 716 $112.00 $80,192.00 14.2% BD $142.00 $11,360.00 1.6% 5030 ; $84SA00.00 100% 0 $845,400.00 SUBTOTAL - FC 102 (110) 4 of 17 EXHIBIT C Prime Provider: R. G. Miller Engineers, Inc. Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Prime Provider. R. G. Miller I DCCM PROJECT SENIOR QUALITY PROJECT ENGINEER SENIOR SENIOR ADMIW TOTAL NO OF TASKOESCRIPTION MANAGER TECHNICAL MANAGER ENGINEER IN ENGINEER CADD CLERICAL LABOR HRS. DWGS • ADVISOR TRAINING TECH OPERATOR & COSTS RIGHT-OF-WAY DATA UE -FC 135 (135) RIGHT-OF-WAY DATA UTILTY ENGINEERING INVESTIGATION ALONG WITH UTILITY COORDINATION AND ACCOMMODATION 52 4 1 4 4 24 16 1 135.1 UTILITY ENGINEERING INVESTIGATION Review of OL B and OL D SUE survey 4 4 4 24 16 0 0 0 52 0 HOURS SUB -TOTALS $196.00 $396.00 $260.00 1 $172.00 1 $140.00 $132.00 $112.00 $142.00 CONTRACT RATE PER HOUR $784.00 $1.584.00 $1.040.00 $4,128.00 $2,240.00 $0.00 $0.00 $0.00 $9.776.00 TOTAL LABOR COSTS 7J 7.7% 7.7% 46.2% 30.8% 0.0% 0.0% 0.0% 100% %DISTRIBUTIONOFSTAFFING $9,776.00 SUBTOTAL- FC 135 (1351 - PROJECT SENIOR QUALITY PROJECT ENGINEER SENIOR SENIOR ADMINI TOTAL NO OF ' TASK DESCRIPTION MANAGER TECHNICAL MANAGER ENGINEER IN ENGINEER CADD CLERICAL LABOR HRS. DWGS ADVISOR TRAINING TECH OPERATOR &COSTS MANAGING CONTRACTEDIDONATED PE -FC 145 (145,1641 - CONTRACT MANAGEMENT AND ADMINISTRATION 145.1 CONTRACT MANAGEMENT AND ADMINISTRATION 8 14 Review environmental technlcal reportsldocumentallon and coordinate delivery to TxDOT 4 2 28 Incorporate environmental data Into altematives 2 2 12 4 12 8 Noll Stale for all field ectividos (correspondence vdth TxDOT and subeonudtants) 4 - - - 10 0 4. 24 /2 0 0 0 `� 0 HOURS SUB -TOTALS $196.00 $396.00 $260.00 $172.00 4-U.-$132.OD $112A0 $142.00 CONTRACT RATE PER HOUR $1,960.00 $0.00 $1,040.00 $4,128.00 $1,680.00 $0.00 $0.00 $0.00 $8,808.00 TOTAL LABOR COSTS 20.0% 0.0% 8.0% 48.0% 24.0% 0.0% 0.0% 0.0% 100% %DISTRIBUTION OF STAFFING $8,60B.nn SUBTOTAL - FC 145 (145,164) TASK DESCRIPTION PROJECT MANAGER SENIOR TECHNICAL ADVISOR QUALITY MANAGER PROJECT ENGINEER ENGINEER IN TRAINING SENIOR ENGINEER TECH SENIOR CADD OPERATOR ADMIW CLERICAL TOTAL LABOR HRS. &COSTS NO OF DWGS ROADWAY DESIGN -FC 160 150 DESIGN SURVEYS AND CONSTRUCTION SURVEYS 150.1 DESIGN AND CONSTRUCTION SURVEY Review topographic survey Coordinate aerial map with topographic survey 4 2 2 8 2 12 4 8 4 12 �12 4 0 4 10 16 12 12 0 58 0 HOURS SUB -TOTALS CONTRACT RATE PER HOUR 70TAL LABOR COSTS $784.00 $784.00 6.9% $$0.000 $0.00 0.0% $26 1.00 .0 $1,040.00 6.9/ $172 .0 $1,720.00 17.2% $1240.0 $2,240.00 27.8% $1384.0 $1,5B4.00 20.7°/, $112A0 $1,344.00 20.7% $$0.000 $0.00 0.0% $8,712.00 100% DISTRIBUTION OF STAFFING SUBTOTAL - FC 160 (150) $8,71900. 5 of 17 EXHIBIT C Prime Provider: R. G. Miller Engineers, Inc. Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Prime Provider. R. G. Miller I DCCM PROJECT SENIOR QUALITY PROJECT ENGINEER SENIOR SENIOR ADMINI TOTAL NO OF TASK DESCRIPTION MANAGER TECHNICAL MANAGER ENGINEER IN ENGINEER CADD CLERICAL LABOR HRS. DWGS ADVISOR TRAINING TECH OPERATOR &COSTS ROADWAY DESIGN - FC 160 (163) MISCELLANEOUS ROADWAY 163.1 UTILITY COORDINATION 2 8 12 2 4 32 Review utility base map 4 2 4 2 4 B 20 Coordinate schematic design Wth utirdy conl6cl ma tdx 6 4 4 12 20 2 4 0 52 0 HOURS SUB -TOTALS $796.00 $396.00 $260.00 $172.00 $140.00. $132.00 5712.00 $142.00 CONTRACT RATE PER HOUR RATEP $1.176.00 $1.554.00 $1,040.00 $2,064.00 $2,800.00 $264.00 S448.00 $0.00 $9,376.OD 71 TOTALLAB S TOTAL 11.5% 7.7% 73% 23.1% 38.5% 3.8% 7.7% 0.0% 100% LIBORCOSTUTION OF S7AFFlNG $9.376.00 SUBTOTAL - FC 160 (163) PROJECT SENIOR QUALITY PROJECT ENGINEERMt- ADMINI TOTALCOSTS TASK DESCRIPTION MANAGER TECHNICAL MANAGER ENGINEER IN D CLERICAL TOTAL MH BY FC BYFC ADVISOR TRAININGTOR 640 282 152' 1178 1622 Bo 5030 $845,400.00 FC 102 (110) -FEASIBILITY STUDIES 4 4 4 24 160 $8.808.00 FC 135 (135)- RIGHT-OF-WAY DATA UE 0 4 120 $8.712.00 FC 145 (145 - MANAGING CO NTRACTEDIDONATEO PE 10 10 16 0 $9.376.00 FC 160 (150 - ROADWAY DESIGN 4 4 0 4 4 12 200 $9,376.00 FC 160 (163) - ROADWAY DESIGN 6 4 640 282 152 1178 1 1 1 360 716 80 5030 HOURS SUB -TOTALS HOURSR $196.00 $396.00 $260.00 $172.00 $140.00 $132.00 $112.00 E142.00 CONTRACT RATE PER HOUR CONTRACTRATE PER $125,440.00 $111,672.00 $39.520.00 $202,616.00 $227.080.00 $47,520.00 580.192.00 $11.360.00 $845,400.00 TAL 14.84 % 13.21 % 4.67 % 23.97 % 26.86% 5.62 % 9A9 % 1.347. 100 DISTRIBUTION OF STAFFING 5882,072.00 SUBTOTAL LABOR EXPENSES FIXED COST AMOUNT UNIT $43 00 OTHER DIRECT EXPENSES $36.00 12 daylpersan Meals (excluding alcohol 81ips) $0.655 2,000 mile $1,31 C). 00 S700.00 Mileage $0.25 400 each Photecoples BIW (11' x 17') $0.15 100 each $15.00 $4,200.00 Photocopies BM (8112'x it") $1.75 2.400 s01t Plots (Color Bond) $6,057.00 SUBTOTAL DIRECT EXPENSES UNIT COSTS COST AMOUNT I UNIT $0.00 NONE $0.00 SUBTOTAL UNIT COSTS SBB8,12B.00 RGM SUB TOTAL 6 of 17 EXHIBIT C Sub Provider: Mitchell Morgan, LLP Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Sub Provider: Mitchell & Morgan, LLP TASKOESCRIPTION PROJECT MANAGER SENIOR TECHNICAL ADVISOR QUALITY MANAGER PROJECT ENGINEER ENGINEER IN TRAINING SENIOR ENGINEER TECH SENIOR CADD OPERATOR ADMIW CLERICAL TOTAL LABOR HRS. & COSTS NO OF DWGS FEASIBILITY STUDIES -FC 102 010) ROUTE & DESIGN STUDIES 110.2 SCHEMATIC DESIGN _ B. Typical Sections bicycle and pedestrian fact illes) F. Construction Sequence L. Bi cle and Pedestrian Accommodations 14 14 12 4 16 3 6 6 4 8 18 8 26 26 16 26 26 18 26 26 16 6 6 138 4 79 6 316 110.8 PRELIMINARY CONSTRUCTION SEQUENCE Prepare preliminary construction sequence layouts depicting the phasing and traffic detours 20 10 20 20 80 80 80 110.13 SCHEMATIC DESIGN PROJECT DELIVERABLES Copies of the preliminary construction sequence layouts In a roll plot (In PDF format) 2 4 4 20 12 12 10 64 Access Management -DrivewaylROW Management 12 74 3 36 4 44 8 66 16 184 16 176 16 4 79 176 36 792 0 HOURS SUB -TOTALS CONTRACT RATE PER HOUR TOTAL LABOR COSTS % DISTRIBUTION OF STAFFING $185.110 $13,690.00 9.3% $175.00 $6,300.OD 4.5% $140.00 $6,160.00 5.6^/, $140.00 $9.240.00 8.3% $90.00 $16,560.00 23.2% $90.00 $15,840.00 22,2% $75.00 $13.200.00 222% 2,34$65.00 E2,34D.DD 4.5% $83,330.OD 100% E83,330.00 SUBTOTAL - FC 102 (110) PROJECT SENIOR QUALITY PROJECT ENGINEER SENIOR SENIOR ADMRJ/ TOTAL COSTS TASK DESCRIPTION MANAGER TECHNICAL MANAGER ENGINEER IN ENGINEER CADD CLERICAL TOTAL MH BY FC BY FC • ADVISOR TRAINING TECH OPERATOR 74 36 44 66 184 176 176 36 792 $83.330.00 FC 002 110- FEASIBILITYSTUDIES 74 1 38 1 44 66 184 176 776 36 792 $90.00 $75.00 $65.00 HORS SUB -TOTALS S1B5.00 $175.00 5140.00 S140.00 $90.00 CONTRACT RATE PER HOUR $13,690.00 $6,300.00 $6.160.00 59,240.00 $16,560.00 $15,840.00 $13,200.00 $2,340.00 $83,330.00 TOTAL LABOR COSTS 16.43% 7.56% 7.39% 11.09% 19.87% 19.01% 15.84% 2.81% 100% %DISTRIBUTION OF STAFFING $83.330.00 SUBTOTAL LABOR EXPENSES OTHER DIRECT EXPENSES FD(ED COST AMOUNT UNIT $131.00 $0.655 200 mile Mileage Photocopies B1W 11' x 17' $0.25 200 each $50.00 $1,296.00 Plats (B&W on Bond) $0.90 $1.75 1440 1440 sq 0 so It $2,520.00 Plots (Color Bond E3.997.00 SUBTOTAL DIRECT EXPENSES UNIT COSTS COST AMOUNT UNIT $0.00 ONE E0.00 SUBTOTAL UNIT COSTS E87,327.00 M&M SUB -TOTAL 7 of 17 EXHIBIT C Sub Provider: Terracon Consultants, Inc. Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Sub Provider: Terracon Consultants, Inc. • PROJECT PROJECT ENGINEER SENIOR ADMIN! TOTAL NO OF TASK DESCRIPTION MANAGER ENGINEER IN ENGINEER CLERICAL LABOR HRS. DWGS TRAINING TECH & COSTS FEASIBILITY STUDIES - FC 102 (110) ROUTE & DESIGN STUDIES 110.1 SCHEMATIC DESIGN WORK OUTLINE F. Project Management and Coordination 2 6 1 Project Management 2 2 1 3 2 Project Administration 1 T. 4 3 Project Meetings 2 2 5 1 5 0 0 3 13 0 HOURS SUB -TOTALS $245.00 $200.00 $140.00" $150.00 $110.00 CONTRACT RATE PER HOUR $1,225.00 $1,000.00 $0.00 $0.00 $330.00 $2.555.00 TOTAL LABOR COSTS 38.5% 38.5% 0.0% 0.0% 23.1% 100% DISTRIBUTION OF STAFFING $2.555.00 SUBTOTAL - FC 102 (110) PROJECT PROJECT ENGINEER SENIOR ADMIN/ TOTAL NO OF TASK DESCRIPTION MANAGER ENGINEER IN ENGINEER CLERICAL LABOR HRS. DWGS TRAINING TECH & COSTS ROADWAY DESIGN - FC 160 (163) MISCELLANEOUS ROADWAY 163.2 GEOTECHNICAL BORINGS AND INVESTIGATIONS Exploration Planning and Execution 1 2 2 6 Project Coordination, Planning, and Internal Progress Meetings 1 3 Preparing Boring Location and Field Investigation Safety Plans 1 2 2 Selection of Standard Traffic Control Plans for Borings 1 1 1 2 Coordination with Project Team and County for Approval of Boring Location Plans 1 4 8 Site Visits to Assess Access and Mark Boring Locations 2 2 4 Utility Clearance for Borings 1 2 2 4 Coordination with Coring, Drilling, and Traffic Control Crews m 24 26 Daily Travel, Borehole Logging, and Quality Assurance of Field Exploration2 Laboratory Testing and Data Reporting 1 2 4 Sample Inventory and Review for Laboratory Testing 4 Prepare and Coordinate Laboratory Testing Assignments 2 5 5 Review of Laboratory Test Results 1 4 4 8 12 Preparation of Soil Boring Logs (Wiincore), DCP Test Results, and Boring Location Maps 12 Perform Potential Vertical Rise (PVR) Calculations and Develop PVR Mitigation Strategies 4 8 10 Preparation of Geotechnical Data Report 2 4 4 4 24 38 36 0 102 0 HOURS SUB TOTALS $245.00 $200.00 $140.00 $150.00 $110.00 CONTRACT RATE PER HOUR $980.00 $4,800.00 $5.320.00 $5,400.00 $0.00 $16.500.00 TOTAL LABOR COSTS - 3.9% 23.5% 37.3% 35.3% 0.0% 100% DISTRIBUTION OF STAFFING $16.500.00 SUBTOTAL - FC 160 (163) 8 of 17 EXHIBIT C Sub Provider: Terracon Consultants, Inc. Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost PROJECT PROJECT ENGINEER SENIOR ADMIW TOTAL COSTS TASK DESCRIPTION MANAGER ENGINEER IN ENGINEER CLERICAL TOTAL MH BY FC BY FC TRAINING TECH 5 5 0 0 3 13 $2.565.00 FC 102 (110) - FEASIBILITY STUDIES 4 24 38 36 0 102 $16,500.00 FC 160 (163) - ROADWAY DESIGN 9 29 38 36 3 115 HOURS SUB -TOTALS $245.00 $200.00 $140.00 $150.00 $110.00 CONTRACT RATE PER HOUR $2,205.00 $5,800.00 $5,320.00 $5,400.00 $330.00 $19,055.00 TOTAL LABOR COSTS 11.57% 30.44% 27.92% 28.34% 1.73% 100% % DISTRIBUTION OF STAFFING $19,055.00 SUBTOTAL LABOR EXPENSES OTHER DIRECT EXPENSES FIXED COST AMOUNT UNIT $270.00 LodginglHotel (taxes/fees not included) $98.00 6 day/person .00 LodginglHotel (taxes and fees) $45.00 6 day/person $354 00 Meals (Excluding alcohol & tips) (overnight stay required) $0.655 6 1person daymile $0.655 200 mile Mileage Mobilization and Demobilization of Drilling Rig (Trips within 100 miles) $600.00 2 trip 1,200.0 $1 0 $10,300.00 Traffic Control Services, Arrow Boards and Altenuator trucks - (Includes labor, equipment and fuel) $5.150.00 2 day .0 ,3 $12,843.00 SUBTOTAL DIRECT EXPENSES COST AMOUNT UNIT TEST CODE UNIT COSTS $10.50 160 LF $1,0.00 Borehole Grouting - Bentonite Chips $70.00 16 per patch $1,120.00 Asphalt Concrete Patch $125.00 16 each $2.000.00 Core Drill Asphalt $120.00 8 each ASTM 06951 $ 00 Dynamic Cone Penetrometer in Shallow Pavement Applications 76 $5760.00 . Soil BoringlRock Coring without TCP ( < 60 ft.) $36.00 $32.50 160 32 LF each ASTM D1586 $1.40.00 Standard Penetration Test (SPT) and Split -Barrel Sampling of Soils $18.00 80 each Tex-103-E . $14 40.00 to Determining Moisture Content In Soil Materials $45.00 32 each Tex-104-E $1,440.00 Determining Liquid Limits Soils $45.00 32 each Tex-105-E $1.440.00 Determining Plastic Soil Limits $45.00 32 each Tex-106 E $1,920.00 Calculating the Plasticity Index of Soils $60.00 32 each Tex-111-E $1,300.00 Determining the Amount of Material in Waits Finer than the 75 micrometer (No. 200) Sieve Tex-121-E $1,300.00 Soil -Lime Testing -Part3 $325.00 $55.00 4 16 each each Tex-128-E $880.00 Determining Soil pH $132.00 32 each Tex-145-E $4,224.00 Determining Sulfate Content in Soils - Colorimetric Method 16 each Tex448-E $5,440.00 Soil Organic Content Using UV-Vis Method $340.00 $32,084.00 SUBTOTAL UNIT COSTS $63,982.00 TER SUB TOTAL 9 of 17 EXHIBIT C Sub Provider. Binkley Barfield I DCCM Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Sub Provider: Binkley & 1381'f101011 occur • PROJECT SENIOR UTILITY CADD! SENIOR ADMIW TOTAL NO OF TASK DESCRIPTION MANAGER UTILITY ::OORDINATOF DESIGNER CADD CLERICAL LA13ORHRS. DWGS COORDINATOR OPERATOR & COSTS FEASIBILITY STUDIES - FC 102 (110) ROUTE & DESIGN STUDIES 110.1 SCHEMATIC DESIGN WORK OUTLINE F. Project Management and Coordination 36 Monthly Progress Reports (assume 24) 12 24 4B Meetings with the State and Project Team (assume 24) 24 24 52 52 Correspondence 36 48 0 0 0 52 136 0 HOURS SUB -TOTALS $225.00 $176.00 $154.00 $142.00 $157.00 $92.00 CONTRACT RATE PER HOUR $8,100.00 $8,448.00 $0.00 $0.00 $0.00 $4,784.00 $21,332.00 TOTAL LABOR COSTS 26.5% 35.3% 0.0% 0.0% 0.0% 3B.2% 100% % DISTRIBUTION OF STAFFING $21,332.00 SUBTOTAL - FC 102 (110) PROJECT SENIOR UTILITY CARD! SENIOR ADMIW TOTAL NO OF TASK DESCRIPTION MANAGER UTILITY 00ORDINATOF DESIGNER CADD CLERICAL LABOR HRS. DWGS COORDINATOR OPERATOR & COSTS RIGHT-OF-WAY DATA UE - FC 135 135 RIGHT-OF-WAY DATA UTILITY ENGINEERING INVESTIGATION ALONG WrrH UTILITY COORDINATION AND ACCOMMODATION 135.2 UTILITY COORDINATION (assume no proposed ROW) A. Utility Base Map 40 84 124 Prepare a base map depicting the utility locations 40 120 Create and maintain a utility conflict matrix BO B. Utility Coordination 30 30 60 Establish contact with all existing utilities 40 40 12 96 Schedule and conduct a utility kick -oft meeting 4 10 50 Set up utility coordination meetings to discuss concepts and options for design and construction 40 104 Create an agenda and exhibits for all coordination meetings (2 meetings) 64 40 60 Establish and conduct workshopmeetings (monthly) 36 24 40 Schedule and conduct milestone meetings Prepare written report of all milestone meetings 40 80 25 C. Deliverables Utility Conflict Matrix with Utility Conflict Exhibit (on 11x17 sheets) (in PDF format) 80 25 Utility Contacts List in excel and PDF format 60 60 Utility Summary Electronic 3D model using OpenRoads of the utility plan (30%, 60%. 95%, and 100% submittals) 4 470 174 40 84 47 819 0 HOURS SUB -TOTALS $225.00 $176.00 $154.00 $142.00 $167.00 $92.00 CONTRACT RATE PER HOUR $900.00 $82,720.00 $26,796.00 $5,680.00 $13,188.00 $4,324.00 $133,608.00 TOTAL LABOR COSTS 0.5% 57.4% 21.2% 4.9% 10.3% 5.7 % 100% % DISTRIBUTION OF STAFFING $133.608.00 R119TOTAL - FC 135 (1351 10 of 17 EXHIBIT C Sub Provider. Binkley Barfield I DCCM Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost PROJECT SENIOR UTILITY CARD/ SENIOR AD M1W TOTAL MH BY TOTAL TASK DESCRIPTION MANAGER UTILITY OORDINATO DESIGNER CADD CLERICAL FC COSTS BY FC COORDINATOR OPERATOR 36 48 0 0 0 52 136 $21,0 FC 102 (110) -FEASIBILITY STUDIES 4 470 174 40 84 ��47 819 $133,608.00 608. FC 135 135) - RIGHT-OF-WAY DATA UE 40 518 174 1 40 84 99 955 HO SUB TO ALS $225.00 $176.00 $154.00 $142.00 $157.00 $92.00 CONTRACT RATE PER HOUR $9,000.00 $91.168.00 $26,796.00 $5,680.00 $13,188.00 $9,108 00 $154,940.00 TOTAL LABOR COSTS 5.51 % 58.84% 17.28% 3.67 % 8.51% 5.88% 100% % DISTRIBUTION OF STAFFING $154,940.00 SUBTOTAL LABOR EXPENSES OTHER DIRECT EXPENSES FC 135 (135) FIXED COST AMOUNT UNIT $5,782.00 Meals excluding alcohol &tips (overnight stay required) $59.00 98 day/person nights $.00 taxes/fees not included) Lodging/Hotel. $9800 $45.00 98 98 nights $4.410410.00 $3,930.00 Lodging/Hotel (taxes and fees) 6,000 mile $5,150.00 mileage$0.665 Traffic Control Services, Arrow Boards and AOenualor trucks- Large Project (Includes labor, equipment and fuel) $5,150.000 1 mile $1,500.00 Law Enforcement / Uniformed Officer with Vehicle $150.000 10 mile $30,376.00 SUBTOTAL DIRECT EXPENSES UNIT COSTS FC 135 135) COST AMOUNT UNIT SUE (Quality Level B) Includes labor and equipment for records research, designating, engineering, surveying, cadd mapping, and limited $2.00 139,606 LF $279,212.OD traffic control SUE (Quality Level A•Utility Locate, Test Holes) Includes labor and equipment for vacuum excavation, engineering, surveying, CADD, and $2 050.00 2 EA $4'100'00 lm0ed traffic control. These prices reflect that a Quality Level B service has been provided. SUE Mobilization/Demobilization-These costs are intended to be a one-time expense compensation for moblrWngldemobilaing personnel and $625 224 Mile $1,400.00 equipment portal to portal. Vacuum excavation truck (non -local) $284,712.OD SUBTOTAL UNIT COSTS $470,028.00 BBI SUB -TOTAL 11 of 17 EXHIBIT C Sub Provider. Baseline Corporation I DCCM Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Sub Provider: Baseline Corporation I DCCM TASK DESCRIPTION PRINCIPAL SR. GIS PROJECT MANAGER PROJECT SURVEYOR SR. SURVEY TECHNICIAN SURVEY TECHNICIAN ADMIN/ CLERICAL ABSTRACTOR TOTAL lABORHRS. & COSTS NO OF DINGS ROADWAY DESIGN - FC 160 (150) DESIGN SURVEYS AND CONSTRUCTION SURVEYS 150.2 DESIGN SURVEY Collect data to create cross sections and digital terrain models Locale existing above ground utilities Locate topographic features and existing improvements Provide details of existing drainage structures (I.e. etmerts, manholes, etc.) Locale wellands Locate boreholes Establish additional control points (xx primary and xx secondary) as needed Prepare surveycontrol data sheets Prepare horizontal and vertical control sheets 1 1 1 38 4 8 2 2 18 3 4 4 184 24 64 44 32 72 24 24 36 M148 28 29 41 150,4 DELIVERABLES FOR DESIGN AND CONSTRUCTION SURVEYS Digital terrain models (DTM) and the triangular lffWular network (TIN) files Maps, plans, or sketches showing field survey Digital files containing field survey dale (ASCII data files) TxDOT Form 2462 for each primary and secondary control point AllGeopakand OpenRoadsfiles 1 1 1 1 1 3 3 3 3 3 7 7 7 7 7 11 11 11 11 0 $90,00 it 635 0 HOURS SUBTOTALS CONTRACT RATE PER HOUR TOTAL LABOR COSTS %DISTRIBUTION COSTS ING 3 $250.00 $750.00 0.5% 0 $140.00 $0.00 0.0% 5 $160.00 $800.00 0.8% 98 $140.00 $13,720.00 15.4% 529 $125.OD 1$66,125.OD 83.3% 0 $100.00 $0.00 0.0% 0 $BO.OD $0.00 $0.00 $811395900 0.0% 0.0% 100% SUBTOTAL - FC 160 (150) - 581.395.00 PROJECT SENIOR QUALITY PROJECT SENIOR SENIOR ADMINf TOTAL COSTS TASK DESCRIPTION MANAGER TECHNICAL MANAGER ENGINEERN ENGINEER CADD CLERICAL TOTAL MH BY FC BYFC ADVISOR ;ENGINEER INING TECH OPERATOR 3 0 5 88 29 0 0 0 635 $81,395.00 FC 160 (150)- ROADWAY DESIGN 3 0 5 98 529 1 0 0 0 635 HOURS SUB -TOTALS $250.00 $140.00 $160.00 $140.00 $125.00 1 $100.00 $80.00 I $90,00 CONTRACT RATE PER HOUR $750.00 $0.00 $800.00 $13.720.00 $66,125.00 $0.00 $0.00 $0.00 $a1,395.00 TOTAL LABOR CO STS STSTAFFING - 0.92% 0.00% 0.98% 16.86% 81.24% 0.00% 0.00% 0.00% 100% % DISTRIBUTION $81,395.0D SUBTOTAL LABOR EXPENSES OTHER DIRECT EXPENSES FIXED COST $0.655 AMOUNT 200 UNR mile $131 Mileage $1.800.0.00 Type II Monuments (Poured) $300.00 S40.00 6 15 each each $600,00 Ground Target (Includes paint, panel materlal, etc.) $2,531.00 SUBTOTAL DIRECT IXPENSES UNrrCOSTS COST AMOUNT UNR $ MEMBER CREW $175.00 660 hour hour 50,52 .00 $50,525.00 3 MEMBER CREW $215.00 235 5166,025.00 SUBTOTAL UNIT COSTS $249,951.00 BLC SUB TOTAL 12 of 17 EXHIBIT C Sub Provider. Agha Engineering, LLC Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Sub Provider: Agha Engineering, LLC TASK DESCRIPTION PROJECT MANAGER SENIOR TECHNICAL ADVISOR QUALITY MANAGER PROJECT ENGINEER ENGINEER IN TRAINING SENIOR ENGINEER TECH SENIOR 3D MODELER ADMIN/ CLERICAL TOTAL LABOR HRS. & COSTS NO OF DWGS FEASIBILITY STUDIES -FC 102 (110) ROUTE 8 DESIGN STUDIES 11DA GEOMETRIC DESIGN SCHEMATICS Review OpenRoads model priorto each deliverable 30 % submittal) Review OpenRoads model prior to each delivereblo (60% submittal) Review OpenRoads model prior to each deliverable (95 % submittal) Review OpenRoads model prior to each deliverable (100 % submittal) Provide oomments/revisions to RGM 110.7 RENDERINGS AND TRAFFIC SIMULATION Develop 3D models, illustrations, and animations for preferred altemalive Utilize alignments and profiles. DTMs, typical seclions, traffic counts, and ground photography for 3D model 4 3 2 1 12 8 4 4 2 1 1 18 4 2 1 1 40 32 8 8 4 2 2 88 24 18 8 4 2 12 44 32 8 4 2 2 34 64 32 12 16 16 46 23 12 9 186 190 120 32 $85.00 1 586 0 HOURS SUB -TOTALS CONTRACT RATE PER HOUR TOTAL LABOR COSTS %DISTRIBUTIONOFSTAFFING 34--I---2-6---F $240.00 $8,160.00 5.8% $240.00 $6.240.00 4A% 88 $225.00 $19,800.00 15.0% 128 $190.00 $24.320.00 21.8% 120 $130.00 $15,600.00 20.5% 1 114 $140.00 $15,960.00 19.5% 1 44 $135.00 $5,940.00 7.5% $2,720.00 $98,740.00 5.5% 100% $98,740.00 SUBTOTAL - FC 102 (110) TASK DESCRIPTION FEASIBILITY STUDIES -FC 102 (110) - PROJECT MANAGER 34 SENIOR TECHNICAL ADVISOR 26 QUALITY MANAGER 88 PROJECT ENGINEER 128 ENGINEER IN TRAINING 120 SENIOR ENGINEER TECH 114 SENIOR 3D MODELER 44 ADMINI CLERICAL 32 TOTAL MHBY FC 586 TOTAL COSTS 13Y FC $98.740.00 34 1 26 88 128 120 114 44 32 566 HOURS SUB -TOTALS CONTRACT RATE PER HOUR COSTS TOTAL LABOR COSTS TOTAL LABOR STAFFING $240.09 $8.160.00 8.24 % 5240.00 $6,240.00 5.30 % $225.00 $19,800.00 20.00% $190.00 $24.320.00 24.66 % $130.00 $15,600.00 15.76% $140.00 $15,960.00 16:12% 5141A0 $fi,204.00 6.27 % 585.00 $2,720.00 2.75 % $99,004.00 100 % SUBTOTAL LABOR EXPENSES ' $98,740.00 FIXED COST AMOUNT UNIT OTHER DIRECT EXPENSES EEtE NONE $0.00 SUBTOTAL DIRECT EXPENSES UNiT COSTS NONE COST AMOUNT UNIT $13.00 $0.00 SUBTOTAL UNIT COSTS AEL SUB TOTAL $98,740.00 13 of 17 EXHIBIT C Sub Provider: Gauge Engineering, LLC Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Sub Provider: Gauge Engineening, LLG SUPPORT SENIOR PROJECT DESIGN ENGINEER SENIOR ADMINI TOTAL NO OF TASK DESCRIPTION MANAGER ENGINEER ENGINEER ENGINEER IN CADD CLERICAL LABOR HRS. DWGS TRAINING OPERATOR & COSTS FEASIBILITY STUDIES - FC 102 (110) ROUTE & DESIGN STUDIES 110.1 SCHEMATIC DESIGN WORK OUTLINE G. Data Collection 8 B 16 1 Conduct field reconnaissance 8 18 2 Collect and review previously prepared drainage studies 8 110.2 SCHEMATIC DESIGN D. Drainage 8 8 16 1 Collect data from as -built plans and FEMA maps 8 40 40 90 Determine existing storm sewer and culvert sizes, design flows, and water surface elevations 2 2 Conduct a preliminary drainage study 4 24 24 54 Identify impacts to abutting properties and the 100-year floodplain 2. 30 Identify the water surface elevations for the 2.10, 25, and 100-year storm events 2 4 24 Identify and locate outfalls 1 4 837 9 9 Provide drainage outfall descriptions 4 4 4 4 24 24 53 Provide overall drainage area map 8 32 42 Analyze two storrnwater mitigation alternatives V 24 8 42 Determine the proposed storm sewer trunkiine sizes 8 24 40 40 128 Provide a drainage study report 12 110A GEOMETRIC DESIGN SCHEMATICS A. Plan View 2 8 24 32 66 Proposed cross -drainage structures B. Profile View 2 8 24 24 58 Anticipated cross -drainage structures 32 40 90 Proposed ditch grading 2 16 110.13 SCHEMATIC DESIGN PROJECT DELIVERABLES 8 32 40 84 6 Culvert hydraulic data sheets and preliminary culvert layouts 4 4 8 Electronic submittal of the hydrologic and hydraulic models from the drainage stud 4 39 35 8 92 372 1 288 4 839 6 HOURS SUB -TOTALS $235.00 $211.00 $165.00 $130.00 $110.00 $120.00 $85.00 CONTRACT RATE PER HOUR $9,165.00 $7,596.OD $1,320.00 $11,960.00 $40,920.00 $34,560.00 $340.00 $105,861.00 TOTAL LABOR COSTS 4.6% 4.3% 1.0% 11.0% 44.3% 34.3% 0.5% 100% % DISTRIBUTION OFSTAFFING $105,861.00 SUBTOTAL - FC 102 (110) 14 of 17 EXHIBIT C Sub Provider. Gauge Engineering, LLC Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost Sub Provider: Gauge Engineering, LLc SUPPORT SENIOR PROJECT DESIGN ENGINEER SENIOR ADMIW TOTAL MH BY TOTAL TASK DESCRIPTION MANAGER ENGINEER ENGINEER ENGINEER IN CADD CLERICAL FC COSTS BY FC TRAINING OPERATOR 39 36 8 92 372 288 4 839 $105,861.00 FC 102 (110)- FEASIBILITY STUDIES 36 8 92 372 288 4 839 HOURS SUB -TOTALS $211.00 $165.00 $130.00 $110.00 $120.00 $85.00 CONTRACT RATE PER HOUR E$235.00 $7,596.00 $1.320.00 $11,960.00 $40.920.00 $34,560.00 $340.00%DISTRIBUTION TOTAL LABOR COSTS 7.2% 1 2% 11.3% 38.7% 32.6% 0.3% 100% OF STAFFING $105,861.00 SUBTOTAL LABOR EXPENSES OTHER DIRECT EXPENSES FIXED COST AMOUNT UNIT $262.00 Mileage $0.655 400 mile $282.00 SUBTOTAL DIRECT EXPENSES UNIT COSTS •li t AMOUNT UNIT $0.00 NONE $0.00 SUBTOTAL UNIT COSTS $106,123.00 GEL SUB TOTAL 15 of 17 EXHIBIT C Sub Provider. ROAW Corporation I DCCM Exhibit C - Fee Schedule Method of Payment: Lump Sum and Unit Cost - .: -a. .. o��®®�■rrr���rrr�r��� wr ...:...:... . ...::. ... TASKOESCR�TION SENIOR ENVIRONMENT SCIENTIST ENVIRONMENT SCIENTIST N IRONMENT SCIENTIST In EN IRONME T SCIENTIST U ENVRONMENT SCIENTIST 1 TRAFFIC NOISE EXPERT DUAL" MANAGER PRINCIPAL PRINCIPAL INVESTIGATOR PROJECT ARCHEOLOGIST SENIOR HISTORIAN HISTORIAN DI TE NICLO D TECHNICVW I GIST CAOD ADN NV CLERICAL TOTA SSC09I 89 NO OF DINGS LIANAGTNOCONTRACTEOIOONATEOPE.FC115 145.16a CONTRACT MANAGEMENTANO ADNIOUSTMmON 1a5.7 CONTRACT MANAGEMENT AND ADMINISTRATION OeN ntrmn meeW a.<..,mo - 24 e24 24 SdmO.. 3sumNma mnAmd PPdMx2a Imie 6 24 HOURS SUFMTOTAL9 HOURS SU -TaTALER HOUR CONTRACT 0 RATE PM WTALLDWRBUDON OF STAFFING 56 f200.00 f10,e00.00 2.2% 0 f130J10 f0,00 OAX 0 3116.00 SOAO 0.0X 0 feSAe f0A0 0.0X 0 565.00 SO.OD 0.0•A 0 $130.00 SOAO 0.0% 0 5165M S0A0 0DX U 5125A0 SOAO 0.0X 0 S103A0 30A0 0A% 0 579.00 30.00 0— 0 f1.— 50A0 OAX 0 ...— 50.00 0.0X 0 SSS.00 W 0 seem 0 SSO.Oa 0 f60.00 61 0 50.00 SOAO 50A0 S1O.e00.OD OA% 0.0X 0.0% a.OX 2X SUBTOTAL-FG 1431145. 1ea1 f70.800.00 EXFIIBrr C 116017 Sub Provider. ROM Corporation I DCCM Fsblbil C - Fee Schedule Method of Payment Lump Sum and Unit Cost see STUDII �v0000000��000000��� ■�� �oE3'.���iii���iii�l• mom D(HIBfp C 17 of 17 RFQ CIP 23-600-4 Bond Funded Engineering Design Services Firm Name Max Points UA BGE Westwood Binkley & Barfield Lamb -Star Freese & Nichols LAN Walker Partners LTRA Gessner Quiddity R.G. Miller DEC Halff Evaluator #1 I Evaluator #2 I Evaluator #3 Project 4 84 84 Project 4 77 75 Project 4 85 67 Totals Project 4 246 226 95 89 96 280 89 74 75 238 96 68 68 232 96 74 74 244 93 56 70 219 92 100 78 270 96 88 84 268 95 60 56 211 Committee Recommended Award: Lamb -Star Engineering Appr Commissio er's Cou on this day of O C;i; O(SE(Z , 2023 by holding the position of C pU &(" Tlk 06- AGREEMENT BETWEEN COUNTY AND ENGINEER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION ,WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the Between the COUNTY: and the ENGINEER: day of BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners Court Attention: County Judge 200 S. Texas Ave. Suite 332 Bryan, Texas 77803 Lamb -Star Engineering, LLC 3801 Parkwood Boulevard, Suite 550 Frisco, TX 75034 , 2023, for the following PROJECT: Professional Engineering and Surveying Services for preliminary engineering services for development of a design schematic, environmental documents, and studies in support of the schematic work, public involvement, permit procurement, data collection, and analysis,. mitigation and remediation, monitoring, drainage, conceptual traffic control, traffic projections, traffic engineering and operations including capacity analysis, traffic simulations, safety analysis, surveying and mapping, utility engineering investigation, and utility coordination for improvements to SH 30 from Associates Ave to FM 158 in Brazos County located within the State of Texas. in an AMOUNT not to exceed: $2,599,941.00 The COUNTY and ENGINEER agree as set forth below. ARTICLE I ENGINEER'S RESPONSIBILITY 1.1.1 The ENGINEER'S services consist of those services performed by the ENGINEER, ENGINEER'S employees and the ENGINEER'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1.2 The ENGINEER'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The ENGINEER shall submit for the COUNTY'S approval a schedule for the performance of the ENGINEER'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the ENGINEER or the COUNTY. ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The ENGINEER'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY Lamb -Star Engineering, LLC, TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in attached Exhibit "A" as Additional Services are not included in the Basic Services. It is expressly understood' and agreed that ENGINEER shall not furnish any of the additional services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "A" and EXHIBIT `B," respectively, shall be considered Contingent Additional Services. A list of possible Contingent Additional Services that could be needed as the Project proceeds is included at the end of Exhibit `B." It is expressly understood and agreed that the ENGINEER shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints, and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the ENGINEER in order to avoid unreasonable delay in the orderly and sequential progress of the ENGINEER'S service. 4.4 The COUNTY shall give prompt written notice to the ENGINEER if the COUNTY becomes aware of any fault or defect in the Project or non-conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. 4.6 The proposed language of certificates or certifications requested of the ENGINEER or the ENGINEER'S consultants shall be submitted to the ENGINEER for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE ENGINEER. ARTICLE V CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the ENGINEER. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the COUNTY and equipment designed, specified, selected or specially provided by the ENGINEER, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the ENGINEER and the ENGINEER'S consultants, the costs of the land, right-of-way, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS 5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the ENGINEER, represent the ENGINEER'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the ENGINEER nor the COUNTY has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the ENGINEER cannot and does not warrant or represent that bids or negotiated prices will not vary from the COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the ENGINEER. ARTICLE VI USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the ENGINEER with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The ENGINEER may retain one set of reproducible copies of the documents and these copies shall be for the ENGINEER'S sole use in preparation of studies or reports for the COUNTY. The ENGINEER is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the ENGINEER pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification- or adaptation by the ENGINEER for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the ENGINEER. Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the ENGINEER. 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the ENGINEER'S reserved rights. ARTICLE VII TERMINATION, SUSPENSION, OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 ' If the COUNTY suspends the Project for more than thirty (30) consecutive days, the ENGINEER shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the ENGINEER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the ENGINEER may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ENGINEER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the ENGINEER for services and expenses, the ENGINEER may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the ENGINEER receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the ENGINEER shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the ENGINEER, the ENGINEER shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business -of the COUNTY. Venue for any dispute -or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the ENGINEER, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the ENGINEER shall assign this Agreement without the express written consent of the other parry. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the ENGINEER. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the ENGINEER. 8.6 Unless otherwise provided for in this Agreement, the ENGINEER and the ENGINEER'S consultants have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 8.7 The ENGINEER shall have the right to include representations of the design of the Project, including photographs, among the ENGINEER'S promotional professional materials. The ENGINEER'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the ENGINEER in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The ENGINEER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the engineering profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the ENGINEER'S performance. 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452-9427. 8.10 INDEMNIFICATION: ENGINEER shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the ENGINEER, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the ENGINEER, or of any person employed by the ENGINEER. The ENGINEER shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the ENGINEER, its agents or employees. ARTICLE IX PAYMENTS TO THE ENGINEER 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the ENGINEER'S statement of services rendered or expenses incurred, payment on account of the ENGINEER'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the work other than those for which the ENGINEER has been found to be liable. 9.4 ENGINEER'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APPROPRIATION 9.5.1 Prior to the execution of this Agreement, the ENGINEER has been advised by the COUNTY and the ENGINEER fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that ENGINEER may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the ENGINEER hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the ENGINEER from funds obtained through the Transportation Road Improvement Program Initiative or current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: In accordance with the attached Exhibit "C" incorporated by reference hereto, SCHEDULE OF FEES. 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "C" incorporated by reference hereto, SCHEDULE OF FEES. 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "C" incorporated by reference hereto, SCHEDULE OF FEES. 10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the ENGINEER'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the ENGINEER to the point indicated by such statement or of receipt or acceptance by the COUNTY of the work covered by such statement. ARTICLE XI OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The ENGINEER shall file with the COUNTY a Certificate of Professional Liability (Errors and Omissions) Insurance having minimum limits of One Million and No/100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such Professional Liability (Errors and Omissions) Insurance shall have a deductible not in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) self -insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The ENGINEER shall maintain the Professional Lability (Errors and Omissions) Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. The ENGINEER shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The ENGINEER shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the ENGINEER has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the ENGINEER's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.2 PERIODS OF SERVICE 11.2.1 The ENGINEER shall begin work immediately upon receipt of the Notice -to -Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the ENGINEER. 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of national holidays. 11.2.3 This schedule assumes an orderly progression of the ENGINEER'S services. Delays beyond the control of the ENGINEER may be cause for extension of this period of service, in which case the ENGINEER shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the ENGINEER'S services shall be adjusted equitably. 11.3 * PROJECT MANAGER COMMITMENT 11.3.1 The COUNTY expects the ENGINEER to commit its PROJECT MANAGER and TASK LEADERS, as proposed in the RFQ, for the duration of the contract. The COUNTY further expects the PROJECT MANAGER's commitment to the contract to include commitment as PROJECT MANAGER for each work authorization without further delegation or substitution over the course of the contract. PROJECT MANAGER replacement on an active contract, while not strictly prohibited, will require the COUNTY's prior consent. 11.3.2 Requirement for Submittal of Request by Provider: When requesting a replacement for a PROJECT MANAGER or TASK LEADER, the ENGINEER must submit a request to the COUNTY with the following information: • Certification that replacement PROJECT MANAGER is employed by the ENGINEER, or certification,that the replacement TASK LEADER is employed by the ENGINEER or one of the approved subconsultants. • The name of proposed individual and the reason for the replacement. • Resume of the proposed replacement including, the credentials and experience of the individual. Also include information about their licensures, TxDOT pre -certifications, or other certifications required in the contract. • Resume of the person being replaced. This Agreement entered into as of the day and year first written above. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. BRAZOSCOUNTY, � ') 7 - Duane Peters, County Judge Acting by and through the authority of the Brazos County Commissioners Court Attest: County Clerk (q EN E"L- Go u W5 6L AUDITOR'S CERTIFICATE ENGINEERING FIRM by: Chris Bruce, Vice President Principal I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Brazos County under this contract. Brazos County Auditor to Contract ID No. CIP 23-600 Project 4 SH 30 EXHIBIT A BASIC SERVICES TO BE PROVIDED BY THE ENGINEER The Engineer shall provide preliminary engineering services for development of a design schematic, environmental documents, and studies -in support of the schematic work, public involvement, permit procurement, data collection and analysis, mitigation and remediation, monitoring, drainage, conceptual traffic control, traffic projections, traffic engineering and operations including capacity analysis, traffic simulations, safety analysis, surveying and mapping, utility engineering investigation, and utility coordination for improvements to SH 30 from Associate Ave to FM 158 in Brazos County located within the State of Texas. GENERAL REQUIREMENTS 1.1. Coordination. The Engineer shall coordinate issues and communications with State's internal resource areas through the County and State's Project Manager. The State will communicate the resolution of issues and provide the Engineer direction through the State's Project Manager. The Engineer shall notify the County/State and coordinate with adjacent engineers on all controls at project interfaces. The Engineer shall document the coordination effort, and each engineer must provide written concurrence regarding the agreed project controls and interfaces. In the event the Engineer and the other adjacent engineers are unable to agree, the Engineer shall meet jointly with the County/State and each adjacent engineer to resolve disagreements. If the engineers are unable to resolve an issue with the County/State as mediator, the County/State may decide the issue and the decision will be final. The Engineer shall prepare each exhibit necessary for approval by each fai#ead, utility, and other governmental or regulatory agency in compliance with the applicable format and guidelines required by each entity and as approved by the County/State. The Engineer shall notify the County/State in writing prior to beginning any work on any outside agency's exhibit. 1.2. Progress Reporting and Invoicing. The Engineer shall submit each invoice in a format acceptable to the County/State. With each invoice, the Engineer shall include a completed projected vs. actual invoice form. The Engineer shall submit a monthly written progress report to the County and State's Project Manager regardless of whether the Engineer is invoicing for that month. The Engineer shall complete the services according to the milestone work schedule established in the work authorization. The Engineer shall submit a monthly written progress report to the County/State indicating the actual work accomplished during the month, scheduled work to be accomplished for the month, the estimated work to be accomplished for the coming month, problems encountered, and actions taken to remedy them, list of meetings attended, and overall status. The progress report must use a bar chart diagram to indicate the percentage complete of each task shown on the previous report and the percentage complete of each task. The Engineer is required to meet with the designated County/State project manager or environmental coordinator on a monthly basis for progress tracking purposes unless prior written agreement is made with County/State not to hold a meeting in any given month. The Engineer shall submit minutes of the meeting summarizing the events of the meeting within seven calendar days after each meeting. The Engineer shall prepare a project work schedule, using the latest version of Primavera software or another scheduling program approved by the County/State in writing. The schedules shall indicate tasks, subtasks, critical dates, milestones, deliverables, and review requirements in a format that depicts the interdependence of the various items. The work schedule must incorporate an allocation of time for stage reviews of the design schematic and the environmental documents Page 1 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 by County/State' personnel. The Engineer shall present the work schedule to the County/State for review and acceptance and provide assistance in interpreting the proposed work schedule. The Engineer shall provide advance written notice to the County/State if the Engineer is not able to meet the scheduled milestone review date. Once the project has been completed and accepted by the County/State, the Engineer shall deliver all electronic files to the County/State within 30 calendar days of County/State's written request. Final payment is contingent upon the County/State's receipt and confirmation by the County/State's Project Manager that the electronic files can be opened and are usable utilizing the current version of the software in use by the State and all the review comments have been addressed. The Engineer shall prepare a letter of transmittal to accompany each document submittal to the County/State..At a minimum, the letter of transmittal must include the TxDOT control -section -job (CSJ) number, the highway number, county, project limits, TxDOT contract number, and TxDOT work authorization number. 1.3. Traffic Control. The Engineer shall provide all planning, labor, and equipment to develop and to execute each traffic control plan (TCP) needed by the Engineer to perform services under each work authorization. The Engineer shall comply with the requirements of the most recent edition of the Texas Manual on Uniform Traffic Control Devices (TMUTCD). The Engineer shall submit a copy of each TCP to the County/State for approval prior commencing any work on any State roadway. The Engineer shall provide all signs, flags, and safety equipment needed to execute the approved TCP. The Engineer shall notify the County/State in writing 24 hours in advance of executing each TCP requiring a lane closure and shall not begin lane closure without having obtained County/State's written approval. The Engineer shall ensure that its field crew possess a copy of the approved TCP on the job site at all times. Upon request by the State, the field crew must make the TCP available to the County/State for inspection. The Engineer shall assign charges for any required traffic control to the applicable function code. 1.4. Right of Entry. Prior to performing any work outside of the County/State's right of way, the Engineer shall request right of entry from public and private land owners to allow services (e.g., environmental services, surveying services, geotechnical services) to be performed and shall request concurrence from the County/State. The Engineer shall prepare right of entry permissions, which must be signed by the landowner. Letters or other materials seeking right of entry must contain explicit reference to the kinds of activities for which right of entry is requested and an indication of the impacts (if any) that will result from performance of these services. The Engineer shall not commit acts which will result in damages to private property and shall make every effort to comply with the wishes and address the concerns of private property owners. I.S. Level of Effort. For each work authorization, the Engineer shall base the level of effort at each phase on the prior work developed in earlier phases without unnecessary repetition or re -study. As directed by the County/State, the Engineer shall provide written justification regarding whether or not additional or repeated level of effort of earlier completed work is warranted, or if additional detail will be better addressed at a later stage in the project development. 1.6. Quality Assurance (QA) and Quality Control (QC). The Engineer shall provide peer review at all levels. For each deliverable, the Engineer shall retain evidence of their internal review and mark-up of that deliverable. as preparation for submittal. A milestone submittal is not considered complete unless the required milestone documents and associated internal mark-ups are submitted. If requested by the County/State's Project Manager, the Engineer shall submit the Engineer's internal mark-up (e.g., red -lines, comments) developed as part the Engineer's quality control step. When internal mark-ups are requested by the County/State Page 2 of 46 Exhibit A Contract ID No. CIP 23-600. Project 4 SH 30 in advance, the County/State may reject the actual deliverable if the Engineer fails to provide sufficient evidence of quality control. The Engineer shall clearly label each document submitted for quality assurance as an internal mark-up document. The Engineer shall perform QA and QC on all survey procedures, field surveys, data, and products prior to delivery to the County/State. If, at any time, during the course of reviewing a survey submittal it becomes apparent to the County/State that the submittal contains errors, omissions, or inconsistencies, the County/State may cease its review and immediately return the submittal to the Engineer for appropriate action by the Engineer. A submittal returned to the Engineer for this reason is not a submittal for purposes of the submission schedule. 1.7. Underground excavation If necessary, the Engineer shall contact the Texas Excavation Safety System, Inc. (Texas 811) or call telephone number 811 to have underground utilities marked prior to digging holes for right-of- way monuments, utility engineering investigation, geotechnical investigation, or other purposes. The Engineer shall separately contact utilities not a part of the Texas 811 organization. The Engineer shall maintain documentation of all notification calls. The Engineer shall comply with Texas's excavation laws. 1.8. Preventative Measures to Prevent the Spread of Oak Wilt Disease Contamination The Engineer shall take the following preventive measures while cutting, pruning, or removing oak trees in counties which have confirmed cases of oak wilt disease or when directed by the County/State: A. When possible, employ alternative methods instead of pruning or cutting oak trees. B. When possible, perform necessary pruning and cutting of healthy trees during January or February when sap beetles are least active. C. Treat wounds with pruning paint in oak wilt disease infected counties to discourage insects, especially during warm weather. D. Sterilize all pruning tools between each use on each tree with either Lysol spray or a 70 percent rubbing alcohol solution. E. Dispose of the tree cuttings by burning, burying, or another approved method. 1.9. Personal Protective Equipment (PPE). A. The Engineer shall require its subcontractors to: 1. Provide personal protective equipment (PPE) to their personnel, 2. Provide business vehicles for their personnel, and 3. Require their personnel to use PPE and drive only business vehicles while performing work on or near roadways. B. The PPE must meet all: 1. Current standards set by Occupation Safety and Health Administration (OSHA) 2. TxDOT requirements (e.g., safety glasses, Type 3 (TY 3) pants for night work). C. Each business vehicle must be clearly marked with the Engineer's business name, or the name of the appropriate subcontractor, such that the name can be identified from a distance. 1.10. Training Requirements. A. Each key staff member of the Engineer's project team that is performing or overseeing design or plan review tasks must complete the Environmental Management System (EMS) e-Learning courses prescribed by the State prior to working on the project. The required training for key Page 3 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 staff members on the design project team is listed on the EMS training matrix, which may be accessed at: https://ftp.txdot.gov/pub/b(dot-info/env/ems/070-04-fiia.pdf. The courses listed on the EMS training matrix are e-learning (online), unless otherwise noted as classroom learning. Information about these online courses may be accessed at: https://www txdot gov/inside-txdot[division/environmental/ems-courses.htmi. The Engineer shall ensure that each key staff member of the Engineer's project team that will be performing or overseeing design or plan review tasks has completed the required training listed on the EMS training matrix prior to working on the project. In addition, the Engineer shall ensure that the required training is repeated by each key staff member of the project team based on the repeat requirements stated in the EMS training matrix. B. Deliverables for Training Requirements: The Engineer shall provide a list, signed by the Engineer's Project Manager that includes the following: 1. The names and titles of all key -staff personnel performing or overseeing design or plan review tasks 2. The names of the training courses completed by each person on the -list 3. The completion dates for the training courses completed by each person on the list The Engineer shall update this list and resubmit it to the State any time new key staff personnel are assigned to the project team and any time training is repeated by key staff personnel on the project. 1.11. Information Resources and Security Requirements. Engineer (as "Contractor") shall perform its work in accordance with Attachment 1, Information Resources and Security Requirements. A Contractor -Related Entity might create, access, transmit, store, or use Public TxDOT data in a Contractor -Related Entity Environment. Contractor shall ensure that Contractor -Related Entity Environments comply with the TxDOT Low Security Baseline. TASK DESCRIPTIONS AND FUNCTION CODES The Engineer shall categorize each task performed to correspond with the Function Codes (FC) and Task Descriptions. FUNCTION CODE 102 010) — FEASIBILITY STUDIES ROUTE AND DESIGN STUDIES The Engineer shall prepare an alignment and proposed roadway schematic layout that includes projected traffic volumes and existing and proposed typical sections. The Engineer shall furnish Microsoft Office and MicroStation generated media containing the roadway schematic layout to the County/State. All supporting attachments and exhibits must accompany the schematic layout. All computer generated files containing the roadway design schematic must be fully compatible with the software used by the County/State witho.ut further modification or conversion. The Engineer shall produce, obtain, review, and evaluate existing and twenty-year projected traffic data for use in the preparation of the schematic design layout. The data must be utilized in accordance with the requirements for schematic development and consistent with the policies of the County/State. The Engineer shall prepare preliminary drawings to identify any potential impacts and constraints within the project corridor, including impacts to the nature, cultural, and human environment. The potential impacts and Page 4 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 constraints identified must include all existing (both public and private), structures, burial grounds, neighborhood communities, historical landmarks, and undeveloped areas. Any potential utility conflicts and structural impediments must be identified as such. The Engineer shall propose alternative alignments that avoid or minimize displacements and damages and prepare any additional attachments or exhibits required to illustrate a preferred alternative alignment. The Engineer shall assist the County/State with agency meetings during the development of the schematic design as requested by the County/State. If requested by the County/State, the Engineer shall prepare a Notice and Opportunity to Comment and assist the County/State with stakeholder meetings and public meetings. An itemization of the schematic design and engineering work activity to be performed under this contract is detailed below. The Engineer shall prepare all designs in accordance with the latest version of: A. Roadway Design Manual, published by TxDOT B. TxDOT Project Development Process Manual, published by TxDOT; C. Policy on Geometric Design of Highways and Streets, published by the American Association of State Highway and Transportation Officials' (AASHTO); D., Standard Specifications for Construction of Highways, Streets, and Bridges, published by TxDOT; E. Texas Manual on Uniform Traffic Control Devices (TMUTCD), published by TxDOT; F. Highway Capacity Manual (HCM), published by the Transportation Research Board (TRB); G. Highway Safety Manual (HSM), published by AASHTO; H. Hydraulic Design Manual, published by TxDOT; 1. Access Management Manual, published by TxDOT; and J. other State approved manuals and guides. When design criteria are not identified in these manuals, the Engineer shall notify the County/State and request direction. The design schematic horizontal layout must adhere to a design scale of 1 inch = 100 foot (or 1 inch = 200 foot, when directed by the County/State.) The Engineer shall develop the schematic layout, exhibits, and attachments in English units. All Microsoft Office, MicroStation, Keyhole Markup Language (KML), Keyhole Markup Language Zipped (KMZ), and computer graphic files furnished to the County/State must be submitted on USB flash drive to the County/State in their native format, which must be fully compatible with the programs currently used by the County/State. Schematics must follow TxDOT and Federal Highway Administration (FHWA) standards. The schematic must follow TxDOT's computer -aided design and drafting (CADD) standards. The Engineer shall submit the schematic as an original document, accompanied with an original MicroStation formatted graphics file. Final copies of the schematic design must be signed and sealed by a professional engineer licensed in the state of Texas. 110.1. Schematic Design Work Outline. A. Develop Base Maps The Engineer shall develop the base maps to be used for the analysis and proposed schematic layout from existing construction and right of way (ROW) plans as available. The Engineer shall re-establish the existing centerline horizontal alignments for all roadways, identify existing ROW and easements, property owners, and the location of major utilities based on a utility engineering investigation in the preparation of base maps. B. Planimetrics and Aerial Mapping The Engineer shall obtain planimetrics, digital terrain modeling (DTM), and aerial photographs from the County/State, if available. Page 5 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 C. Analyze Existing Conditions Using collected data and base maps, the Engineer shall develop an overall analysis of the existing conditions to develop the schematic design. The analysis must include the following: 1. ROW and easement determination 2. Horizontal alignment 3. Vertical alignment 4. Pavement cross slopes and pavement type 5. Soil exploration 6. Geotechnical testing 7. Highway -rail grade crossing studies, if applicable 8. Intersection design and analysis 9. Sight distance 10. Large guide signs and roadside signing 11. Level of service 12. Safety (i.e., crash data) 13. Locations of critical constraints 14. Drainage 15. Traffic control and construction phasing sequence D. Schematic Alternatives (Up to 3 Alternates) The Engineer shall identify and analyze schematic alternatives to minimize potential adverse operational impacts, crash impacts, ROW impacts, environmental impacts, major utility conflicts, structural impediments, or exceptions to the County/State and FHWA design criteria. E. Deliverable Schematic The Engineer shall evaluate and document the following in the analysis to optimize the design: 1. Efficient use of the allocated ROW 2. Control of access (COA) and driveway locations 3. Roadway and intersection geometry 4. Cross sections 5. Bicycle and pedestrian design 6. Drainage and hydraulic design 7. Stopping sight distance 8. Level of service 9. Safety 10. Traffic and signal operations 11. Construction, ROW, easement, and utility costs 12. Construction sequencing 13. Traffic control during construction Page 6 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 14. Roadside safety appurtenances 15. Large guide signage 16. Environmental mitigation (e.g., noise walls, storm water best management practices (BMPs)) 17. Bridge layouts and clearance 18. Railroads (if applicable) 19. Interface with existing high occupancy vehicle (HOV) lane,. managed lanes, and park - and -ride facilities 20. Accommodation of ultimate corridor configuration. 21. Accommodation of future cross street expansion as described in local thoroughfare plan (if applicable) 22. Avoidance of utility lines (if feasible) 23. Impact of construction delays from utility relocations F. Project Management and Coordination 1. The Engineer shall direct and coordinate the various elements and activities associated with developing the design schematic. 2. The Engineer shall prepare the detailed graphic project work schedule indicating tasks, critical dates, milestones, deliverables, and State review requirements. The project work schedule must depict the order of the various tasks, milestones, and deliverables. The Engineer shall review the schedule monthly and provide updates regarding its progress on the schedule to the State. 3. The Engineer shall submit written monthly progress reports to the County/State. 4. The Engineer shall provide ongoing quality assurance and quality control to ensure completeness of product and compliance with the County/State procedures. 5. The Engineer shall conduct site visits in both the AM and PM peak hour and develop a technical report that includes photographs outlining the findings and observations. G. Data Collection The Engineer shall conduct field reconnaissance and collect data as necessary to complete the schematic design. Data must include the following information. Items 1 through 8 must be obtained from the County/State, if available. Items 9 through 13 must be obtained from other agencies as required. 1. Available corridor major investment studies 2. Design data from record drawings of existing and proposed facilities 3. Existing and future design year traffic data 4. Historical crash data 5. Roadway inventory information, including the number of lanes, speed limits, pavement widths and rating, bridge widths and ratings, and ROW widths 6. Aerial photos, planimetric mapping, and DTM 7. Environmental data 8. Previously prepared drainage studies Page 7 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 9. Adopted land use maps and plans (if available) 10. Federal Emergency Management Agency (FEMA) flood boundary maps and flood insurance studies and models 11. Public and private utility information 12. Plat research for adjacent properties (if available) 13. Local major thoroughfare plan H. Roadway Design Criteria The Engineer shall develop the roadway design criteria based on the TxDOT Roadway Design Manual and AASHTO Policy on Geometric Design of Highways and Streets guidelines. The design criteria must include the following roadway design elements: design speed, lane and shoulder widths, pavement structure and slopes, horizontal curvatures, horizontal and vertical clearances, range of vertical profile grades, and side slopes. If there is a discrepancy between the two sources, the TxDOT Roadway Design Manual will govern unless otherwise directed by the County/State. I. Preliminary Design Conference The Engineer shall prepare and submit a preliminary Design Summary Report (DSR) to the County/State for review and approval and shall attend an initial kick-off meeting to establish and agree on fundamental aspects, basic features, concepts, and design criteria. This meeting will be coordinated with any adjacent roadway projects to ensure continuity with the design of the adjacent roadway projects. 110.2. Schematic Design — General Tasks. A. ROW Property Base Map The Engineer shall obtain information on existing ROW, easements, and property information from as -built plans, ROW maps, and tax records. The Engineer shall prepare a base map depicting the information. B. Typical Sections The Engineer shall develop both existing and proposed typical sections that depict the number and type of lanes, shoulders, median width, curb offsets, cross slope, border width, clear zone widths, and ROW limits. C. Environmental Constraints The Engineer shall evaluate and document impacts to environmentally sensitive sites (as identified by the Engineer and verified by the County/State) during.the schematic design process. Environmentally sensitive sites include natural, cultural, and the human environment. Examples are historic and archeological resources, burial grounds, neighborhood communities and residential areas, farmland, floodplains, wetlands, endangered species, rare habitats, wildlife corridors, wildlife crossings, parks and nature preserves, geologic features, undeveloped areas, and significant trees. D. Drainage 1. The Engineer shall use data from as -built plans and FEMA maps to locate drainage out falls and to determine existing storm sewer and culvert sizes, design flows, and water surface elevations for use in the design of roadway geometry. 2. The Engineer shall conduct a preliminary drainage study to determine and evaluate the adequacy of the ROW needed to accommodate the proposed roadway and drainage system. The drainage study must: Page 8 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 a. identify the impacts to abutting properties and the 100-year floodplain due to proposed highway improvements b. identify the water surface elevations for the 2, 5, 10, 25, 50, and 100-year storm events c. identify and locate outfalls d. provide drainage outfall descriptions e. provide overall drainage area map, sub -drainage area map, and storm water detention facilities f. provide a drainage study report identifying the results of the study. 3. The drainage report, which must be signed and sealed by a professional engineer licensed in Texas, must include applicable hydrologic and hydraulic models (e.g., HEC-1 and HEC-2, HEC-RAS, HEC-HMS, XP-SWMM). The models must be approved by the local TxDOT district hydraulic engineer prior to generating any reports. If requested, the Engineer shall prepare a final drainage study in accordance with one or more of the following: TxDOT Hydraulic Design Manual, local TxDOT district criteria, and any other specific guidance provided by the State. If requested by the State, the Engineer shall evaluate the adequacy of the existing drainage structures; otherwise, the Engineer shall not evaluate the adequacy of the existing drainage structures. E. ROW Requirements The Engineer shall determine the ROW requirements based on the proposed alignment, typical sections, design cross sections, access control, terrain, construction requirements, drainage, clear zone, maintenance, and environmental constraints and mitigation requirements. F. Construction Sequence The Engineer shall evaluate and document the requirements for construction staging and traffic control throughout the development of schematic design to ensure that the proposed design can be constructed. The Engineer shall provide construction phasing assumptions to the State as requested and provide preliminary traffic control plan (TCP) roll plots and narrative. G. Design Exceptions The Engineer shall identify design exceptions and waivers. The Engineer shall determine the necessity for each design exception or waiver for approval. If the State agrees that design exception or waiver is necessary, the Engineer shall prepare the County/State's required design exception or design waiver documentation. The Engineer shall document the operational and safety analysis for comparison of the no -build, build with standard design, and build with proposed design alternatives. H. Traffic Data and Projections The Engineer shall obtain the base year traffic data from TxDOT (and/or collect field traffic volumes including intersection turning movement counts) and develop the opening -year, design -year (opening year +20), and pavement design year (opening year + 30) travel forecasts, and related traffic'analysis in coordination with the TxDOT Transportation Planning and Programming Division (TPP). The developed traffic projections must be utilized for design and environmental analysis. The Engineer shall develop traffic forecasts for the mainlanes, cross streets, and intersections, for no -build and build alternatives. These projections must include graphic representations of the anticipated daily movements along the corridor (suitable for inclusion in the design schematic and environmental document) and the traffic analysis for Page 9 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 highway design table. The Engineer shall prepare a traffic projections methodology memo, based on the information provided in the traffic analysis package. The Engineer shall review the proposed methodology with the County/State and refine it based on these discussions. The Engineer shall submit the traffic volumes developed by the Engineer to TPP for review and approval. The Engineer shall revise the traffic volumes based on TPP's comments. I. Financial Plan and Project Management Plan - OMITTED J. Traffic and Operational Analysis The Engineer shall review and analyze traffic data (including percent trucks, design hourly volume, and directional distribution), existing roadway features (including number of lanes, offset to obstructions, lane widths, frontage road operations, and intersection operation and geometry), traffic flow patterns, and transit and traffic operations. The Engineer shall conduct capacity analysis studies for designated locations and sections of roadway and make recommendations for improving traffic flow. The Engineer shall use the HCM and FHWA's CAP-X tool to analyze and make appropriate recommendations. The analysis must be done for existing/base year, opening year, and design year (opening+20 year) for existing and future conditions. Results of this analysis must be incorporated into the schematic design. The Engineer shall develop and submit to TxDOT a traffic and operational analysis report summarizing all analysis performed. If microsimulation is used, the Engineer shall develop and calibrate an existing condition traffic model. The calibration memo must be included in the traffic analysis report. The analysis must be performed using the latest versions of TxDOT- approved software (e.g., HCS, Synchro, VISSIM, CORSIM, SIDRA). K. Safety Analysis The Engineer shall review and analyze historical crash data for latest 3 to 5 full calendar years (i.e., January 1 to December 31, inclusive) with respect to crash characteristics such as severity, crash types, frequency, rates, patterns, clusters, and their relationship to crash contributing factors. The purpose of the historical crash analyses is to determine safety performance of the existing conditions to understand any safety issues within the study area. Predictive, or quantitative safety analysis, involves using HSM-based methods that use safety performance functions (SPFs) and crash modification factors (CMFs) to estimate anticipated change in crashes from existing condition to the proposed design. The predictive safety analysis must be done for no -build and build conditions for design year. The purpose of the predictive safety analysis is to compare the safety performance of the no -build and build alternatives to help determine the preferred alternative and to determine the countermeasures, if necessary, to improve safety. Predictive safety analysis must be performed using HSM based tools including Interactive Highway Safety Design Model (IHSDM), Enhanced Interchange Safety Analysis Tools (ISATe), HSS, or other tools acceptable to the State. The Engineer shall develop and submit to the State a safety analysis report summarizing all analysis performed. L. Bicycle and Pedestrian Accommodations The Engineer shall comply with the United States Department of Transportation Policy Statement on Bicycle and Pedestrian Accommodation Regulations and Recommendations. The inclusion of bicycle and pedestrian facilities must be evaluated when the project is scoped. Public input when applicable, as well as local city and metropolitan planning organization for bicycle and pedestrian plans must be considered in this evaluation. M. Interstate Access Justification - OMITTED N. Toll -Managed, Express, High Occupancy Vehicle, Managed Lanes, Other Special -Use Lanes, and Transit Elements - OMITTED Page 10 of 46 Exhibit A Contract ID No. CIP'23-600 Project 4 SH 30 O. Project Implementation Plan - OMITTED 110.3. Conceptual Design Schematics. The Engineer shall develop conceptual design schematics in MicroStation format to evaluate various methods of handling traffic while providing access in key areas. The Engineer shall develop a single recommended design alternative that optimizes traffic flow and access. The conceptual schematics are to be plan view only. Profile work must be done only to the extent necessary to lay out the proper horizontal geometry. The schematics must contain the following design elements: A. Mainlane roadway alignment B. Pavement edges, face of curbs, and shoulder lines of mainlanes, intersections, interchanges, and connecting highways or streets, C. Typical sections'of existing and proposed roadways D. Anticipated structure locations (including wildlife crossings and fencing structures) E. Anticipated retaining wall and sound wall locations F. Anticipated conveyance of major drainage elements G. Preliminary ROW and easement requirements and control -of -access locations H. Direction of traffic flow and the number of lanes on all roadways I. Existing and projected traffic volumes J. Existing utilities K. Waters of the United States (WOTUS) 110.4. Geometric Design Schematics. The Engineer shall develop geometric design schematics based on the conceptual schematics after the basic layout, lane arrangement, and anticipated ROW and easement impacts depicted on the conceptual schematics are approved. The geometric design schematics must include both a plan view and profile view. The geometric schematic plan view must contain the following design elements: A. Calculated roadway alignments for mainlanes, bridges, and cross streets at all intersections. B. Horizontal curve data shown in tabular format C. Pavement edges, curb lines, and sidewalks for all. roadway improvements D. Typical sections of existing and proposed roadways E. Proposed bridge structures, including bridge deck, abutment and bent F. Proposed retaining walls and sound walls G. Proposed cross -drainage structures with outfall flow arrows and significant drainage features or waterways identified H. Existing utilities 1. Existing property lines and respective property ownership information J. Existing ROW and easements K. Proposed ROW and easements adequate for preparation of ROW maps L. Waters of the US (WOTUS) Page 11 of 46 Exhibit A Contract 1D No. CIP 23-600 Project 4 SH 30 M. Control -of -access limits N. Existing and projected traffic volumes O. Location and text of the existing and proposed guide signs and the preliminary locations for changeable message signs P. Lane lines, shoulder lines, and direction of traffic flow arrows indicating the number of lanes on all roadways The geometric schematic profile view must contain the following design elements: A. Calculated profile grade and vertical curve data including "K" values for all curves and sight distance values for crest vertical curves on the mainlanes B. Existing ground line profiles along the mainlanes C. Grade separations and overpasses including preliminary abutment and bent locations, girder type, and span lengths D. Calculated vertical clearances at grade separations and overpasses E. Anticipated cross -drainage structures with approximate inlet and outfall elevations F. Proposed ditch grading (special grading) if it does not follow the typical section. G. Approximate locations of existing major utility crossings H. The calculated profile grade for frontage roads, connectors, ramps, and cross streets will be shown on separate Supplemental Profile rolls 110.5. Cross -Sections. The Engineer shall generate preliminary cross -sections at 50 feet intervals (unless otherwise directed by the County/State) and at culvert locations in conjunction with the geometric schematic. The Engineer shall determine earthwork volumes for use in the cost estimate. The Engineer shall prepare 11 inch x17 inch or roll plots of the cross -sections. 110.6. Retaining Walls. The Engineer shall prepare preliminary retaining wall concepts to be shown on schematics, typical sections, and cross sections. A. The Engineer shall determine if any additional walls are required and verify the need for and length of the retaining wall as shown on the ultimate schematic. B. The Engineer shall compute and tabulate retaining wall quantities for preliminary design milestone plans submittal. 110.7. Renderings and Traffic Simulation. The Engineer shall develop exhibits as a means of expression and understanding for what the owner of a project envisions and what the public perceives. In support of the public outreach effort, the State will choose reasonable build alternatives, which the Engineer shall carry forward into creating one exhibit and one traffic animation for each of the various alternatives. The animations and exhibit must give the public and stakeholders a clear awareness and appreciation for the reduction of traffic congestion and how traffic is to flow into and out of the project area. 110.8. Preliminary Construction Sequence. The Engineer shall prepare preliminary construction sequence layouts in conjunction with the geometric design schematic depicting the phasing and traffic detours anticipated to safely convey traffic. The layouts must demonstrate that adequate horizontal and vertical alignments are Page 12 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 maintained, sufficient lane widths and shoulder widths or barrier offsets are feasible, and construction zones are adequate for constructability of all proposed features. Proposed construction detours must ensure that adequate superelevation is provided. The layouts must indicate how existing pedestrian and bicycle facilities are accommodated for each phase. Deliverable can be 11 inch x 17 inch layouts or roll plots. 110.9. Preliminary Cost Estimate. The Engineer shall prepare a preliminary cost estimate for the project, including the costs of construction, required ROW and associated improvements, and eligible utility adjustments. Current County/State unit bid prices must be used in preparation of the estimate. 110.10. Engineering Summary Report. The Engineer shall prepare an engineering summary report to summarize the design criteria, traffic analysis, preliminary cost estimate and basis of estimate, construction sequence description, and utility conflict issues. 110.11. Support or Attendance at Value Engineering Study. If requested by the County/State in a work authorization, the Engineer shall provide documents and drawings to the County/State to support the value engineering study. If requested by the County/State in a work authorization, the Engineer shall provide the number and type of personnel requested by the County/State to attend the value engineering study. 110.12. Agency Coordination and Public Involvement. A. The Engineer shall assist the County/State in conducting meetings with property owners, stakeholders, and various agencies to discuss and review the schematic design. The Engineer shall document and respond to issues related to the schematic design. B. The Engineer shall prepare a Notice and Opportunity to Comment as needed and assist in conducting public meetings during the project development process. The Engineer shall prepare schematic exhibits, constraints maps, and other necessary exhibits, and assist the County/State with all presentations. C. The Engineer shall coordinate, schedule, reserve, and pay for all meeting locations and facilities. D. For all public involvement activities, the Engineer shall prepare the adjacent property owner list; mail out and pay for notices; draft letters to public officials; prepare, publish and pay for notices to major and local newspaper; hire court reporter and law enforcement for public meetings; and provide audio and visual rental equipment and changeable message boards. E. The Engineer shall attend pre -meetings at the County and local TxDOT district in preparation for every meeting, as directed by the County/State. F. The Engineer shall compile public comments received and responses to comments and prepare the required documentation for all public involvement activities. The Engineer shall comply with the environmental compliance toolkits related to public involvement. 110.13. Schematic Design Project Deliverables. In conjunction with the performance of the services- included under Function Code 110 of this attachment, the Engineer shall provide the following draft and final documents and associated electronic files as applicable A. Draft and final copies of the engineering summary report B. Draft and final copies of the traffic and operational analysis report and safety analysis report for non-interstates Page 13 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 C. Draft copies of the preliminary drainage study D. Draft and final copies of the conceptual design schematics roll plots E. Draft and final copies of the geometric schematic layouts on 11 inch x 17 inch cut sheets or rolls, as requested by the County/State (1 inch = 100 feet) F. Draft and final copies of the design schematic cross -sections on 11 inch x Winch cut sheets or roll plot format, as requested by the County/State G. Electronic submittal of the hydrologic and hydraulic model digital files from the drainage study H. Copies of the preliminary construction sequence layouts in a roll plot or 11 inch x 17 inch format, as requested by the County/State I. Copies of the preliminary construction sequence typical sections in 11 inch x17 inch format J. Electronic copy of the 31) rendering and traffic simulation for the reasonable build alternatives K. Traffic data schematics L. Traffic projections methodology memo M. Average daily corridor traffic projections report N. Documentation of public involvement activities O. Utility base file in latest version of MicroStation P. Design exception and design waiver documents Q. Culvert hydraulic data sheets and culvert layouts R. Drainage report -- one hard copy of final drainage report, one electronic copy of the entire drainage report in PDF format, and computer files of hydrologic and hydraulic modeling with appropriate labeling of location, CSJ, and submittal date S. Retaining wall layouts T. Geotechnical report U. Cost estimates for each milestone submittal V. KMZ or KML file of conceptual design schematic created from applicable DGN files for reviewing in Google Earth W. Draft and final copies of traffic analysis report Electronic files shall be furnished to the State on a USB flash drive FUNCTION CODE 120 (120) — SOCIAL/ECON/ENV STUDIES SOCIAL, ECONOMIC, AND ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT 120.1. Environmental Documentation Standards. Each environmental service provided by the Engineer must have a deliverable. Deliverables must summarize the methods used for the environmental services and the results achieved. The summary of results must be sufficiently detailed to provide a satisfactory basis for thorough review by the State, FHWA, and (where applicable) other agencies with regulatory oversight. All deliverables must meet regulatory requirements for legal sufficiency and adhere to the requirements Page 14 of 46 Exhibit A Contract ID. No. CIP 23-600 Project 4 SH 30 for reports enumerated in the County/State's National Environmental Policy Act of 1969 (NEPA) Memorandum of Understanding (MOU). A. Quality Assurance/Quality Control Review For each deliverable, the Engineer shall perform quality assurance quality control (QA/QC) reviews of environmental documents and on all supporting environmental documentation to determine whether documents conform with: 1. Current Environmental Compliance Toolkit guidance, documentation requirements, and templates published by TxDOT's Environmental Affairs Division (ENV) and in effect as of the date of receipt of the documents or documentation to be reviewed; 2. Current state and federal laws, regulations, policies, guidance, agreements, and memoranda of understanding between the County/State and other state or federal agencies; and 3. Guidelines contained in Improving the Quality of Environmental Documents, A Report of the Joint AASHT01A CEC Committee in Cooperation with the Federal Highway Administration (May 2006) for: a. Readability, and b. Use of evidence and data in documents to support conclusions. Upon request by the County/State, the Engineer shall provide documentation that the QA/QC reviews were performed by qualified staff. B. The Engineer shall maintain the project environmental record in TxDOT's Environmental Compliance Oversight System (ECOS), including project review, completing the work development plan screens, uploading documents, and completing activities as assigned by the County/District. C. Deliverables must contain all data acquired during the environmental service and be written to be understood by the public in accordance with the TxDOT's Environmental Toolkit guidance, documentation standards, and current guidelines, policies, and procedures. D. Electronic versions of each deliverable must be written in software that is fully compatible with the software currently used by the County/State and provided in the native format of the document for future use by the County/State. The Engineer shall supplement all hard copy deliverables with electronic copies in searchable Adobe Acrobat (.pdf) format unless another format is specified. Each deliverable must be a single, searchable .pdf file that mirrors the layout and appearance of the physical deliverable. The Engineer shall deliver the electronic files on USB flash drive in both the document's native format and the PDF format. E. When the environmental service is to apply for a permit (e.g., United States Coast Guard (USCG) permit or USACE permit), the Engineer shall provide the permit and all supporting documentation to the County/State as the deliverable. F. Submission of Deliverables 1. Deliverables must consist of documentation to support a categorical exclusion (CE) determination, or the preparation of an Environmental Assessment (EA) or an Environmental Impact Statement (EIS), as applicable. Technical reports and documentation must be prepared to support the applicable environmental classification (e.g. CE, EA, or EIS). Additionally, an Open -Ended (d) list Categorical Exclusion Page 15 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 Classification Request Form must be prepared to classify the project as an Open Ended (d) list CE, if needed. 2. All deliverables must comply with all applicable County/state and federal environmental laws, regulations, procedures, and TxDOT's Environmental Compliance Toolkits, documentation requirements, and templates. 3. On the cover page of any environmental documentation, the Engineer shall insert the following language in a way that is conspicuous to the reader or include it in a CE project record: "The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried -out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 9, 2019, and executed by FHWA and TxDOT." G. The County/State will provide the County/State's and other agency comments on draft deliverables to the Engineer. The Engineer shall revise the deliverable: 1. To include any County/State commitments, findings, agreements, or determinations (e.g., wetlands, endangered species consultation, Section 106, or Section 4(f)), required for the transportation activity as specified by the County/State; 2. To incorporate the results of public involvement and agency coordination; 3. To reflect mitigation measures resulting from comments received or changes in the transportation activity; and 4. To include with the revised document a comment response form (matrix) in the format provided by the County/State. H. The Engineer shall provide photographs and graphics that clearly depict details relevant to an evaluation of the project area. Comparable quality electronic photograph presentations must be at least 1200 x 1600 pixel resolution. The State can request images/graphics be provided in another format or quality. 120.2. Environmental Assessment (EA) Content and Format. - OMITTED 120.3. Environmental Impact Statement (EIS) Content and Format. - OMITTED 120.4. Environmental Re-evaluation Form. - OMITTED 120.6. Environmental Technical Analyses and Documentation. A. Definition of technical analyses and documentation for environmental services. In general, technical analyses and documentation for environmental services might include a report, checklist, form, or analysis detailing resource -specific studies identified during the process of gathering data to make an environmental decision. The County/State may determine what technical reports and documentation are necessary for any given project. The Engineer shall prepare all technical reports and documentation for the County/State with sufficient detail and clarity to support environmental determinations. All technical reports must be compliant with TxDOT's Environmental Compliance Toolkits, documentation requirements, and templates. The environmental document must reference the technical reports. Environmental technical reports and documentation must include appropriate NEPA or federal regulatory language in addition to the purpose and methodology used in delivering the service. Technical reports and forms must use templates and documentation standards as applicable and include sufficient information to determine the significance of impacts. B. Minimum Deliverables: Page 16 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 1. Draft technical analyses and documentation 2. Final technical analyses documentation C. The exact environmental technical analyses and documentation must be determined at the work authorization level, but can include: Section 4(f) Evaluations The Engineer shall provide Section 4(f) Evaluations. The Section 4(f) Evaluation must conform to the appropriate TxDOT Section 4(f) checklist for exceptions, de minimus, and programmatic evaluations. For individual Section 4(f) Evaluations, the format and outline must be approved by the State beforehand. All Section 4(0 Evaluations must meet the requirements set forth in TxDOT's Environmental Compliance Toolkits. The 4(f) Section of the environmental document states the reason a Section 4(f) evaluation is being completed. The 4(f) Section of the environmental document discusses the presence of all Section 4(f) properties located in the project area. 2. Section 6(f) Evaluation The Engineer shall determine if Land and Water Conservation Fund Act funds were used for the Section 4(f) property in accordance with the regulatory requirements and TPWD guidelines and document. 3. Environmental Public Involvement (23 CFR §771.111) The Engineer shall provide public involvement activities, which might include: a. Completing and maintaining a public involvement plan for public involvement activities. The plan must specify all activities to be performed and alternatives to be discussed during public involvement activities. Public involvement activities must be carried out in compliance with Attachment A, Article 38, sections J and K of the contract. The plan must also discuss outreach strategies for both the general public and targeted strategies for environmental justice and limited English proficiency populations b. Compiling, maintaining, and updating a mailing list of people, agencies, and organizations interested in the transportation activity c. Making all arrangements for public meetings, including the site of the meetings, mailing and publishing notices, preparation of exhibits, provision for taping or transcription of proceedings, security, and any other arrangements as directed by the County/State. The Engineer shall not hold public meetings in the absence of State personnel d. Submitting all legal notices to the County/State for review no less than six weeks prior to publication e. Arranging a meeting with the County/State to review all exhibits and other materials to be used prior to public meetings f. Obtaining the County/State's approval for all legal notices, exhibits, and other materials g. Providing personnel to staff meetings; including, people to perform registration, make presentations, and answer questions. Staffing levels of personnel to be provided must be identified in the work authorization h. ' Developing and submitting to the County/State a meeting documentation packet Page 17 of 46 .Exhibit A . 4 5 Contract ID No. CIP 23-600 Project 4 SH 30 I. Developing and sending acknowledgement or response letters to commenters at public meetings. The Engineer shall not distribute acknowledgement or response letters without prior approval by the County/State j. Submitting to the County/State a request for development and maintenance of a website to disseminate information on the transportation activity and to gather comments from the public k. Providing materials and information regarding the transportation activity to the County/State to be posted on the State -developed website I. Ensuring the website conforms to state law, Texas Department of Information Resources requirements, TxDOT policies and procedures, and TxDOT Brand Guidelines Community Impacts Analysis The Engineer shall provide community impact analyses. Community impacts includes environmental justice, limited English proficiency, and other issues as addressed in TxDOT environmental guidance. The Engineer shall perform community impact assessments including environmental justice analysis in accordance with Attachment A, Article 38, Sections J and K of the contract. Community impact analyses might include: a. Community Impacts Assessment Technical Report Form; or b. Community Technical Report. The report must follow guidance provided in TxDOT's Community Impacts Assessment Toolkit. The assessment may include: (1) Identification of environmental justice communities within the study area; (2) A community profile; (3) A displacement analysis; (4) An access and travel pattern analysis; (5) A community cohesion analysis; (6) Determination if the project would have disproportionately high and adverse impacts on environmental justice communities. All impacts identified in the Community Impact Assessment and other relevant studies (i.e., noise analysis) must be considered to determine if the impacts disproportionately affect environmental justice communities; (7) Identification of possible mitigation measures to avoid or minimize any adverse impacts to the environmental justice population within the project area; (8) Summary of public involvement process including methods used to accommodate persons with limited English proficiency; and (9) Identification of possible mitigation measures including those to avoid and minimize any adverse impacts to the environmental justice population within the project area. Air Quality Studies The Engineer shall prepare all required technical reports and the air quality section of all environmental documents in accordance with the current version of the TxDOT Environmental Handbook for Air Quality and Air Quality Toolkit. The County/State may determine what technical reports and documentation are required for any given project. The required technical reports and documentation might include: Page 18 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 a. Transportation Conformity Report Form and applicable coordination b. Hot -Spot Analysis Technical Report and applicable coordination, c. Carbon Monoxide Traffic Air Quality Analysis technical report, d. Qualitative mobile source air toxics (MSAT) analysis, e. Quantitative MSAT technical report and conference call, f. Congestion management process analysis, g. Applicable disclosure statements in the environmental document as prescribed in the TOOT Guidance for Preparing Air Quality Statements, and h. Response to public comments received on air quality issues. 6. Noise Analysis Technical Reporting The Engineer shall prepare all necessary noise analyses and technical reporting. a. Noise Analysis Technical Reporting Requirements. At the work authorization level, the noise analysis technical reporting might include: (1) Computer modeling of existing and predicted noise levels; (2) Field measurements of existing noise levels and validation of existing model; (3) Determining predicted noise impact contours for undeveloped property; (4) Barrier analysis for impacted receivers. b. Noise Analysis General Requirements. (1) The Engineer shall use TxDOT's .DGN file coordinate system for all traffic noise modeling, so that all design files and traffic noise modeling software coordinate systems are the same. (2) The Engineer shall provide TxDOT with all .DXF files used for the traffic noise model. (3) The Engineer shall review all proposed noise barrier locations as part of the traffic noise modeling process. (4) The Engineer shall not begin identification of noise sensitive land uses unless TxDOT's Environmental Affairs Division's Historical Studies Branch (ENV -Historical Studies) has approved a Project Coordination Request (PCR). 7. Traffic Noise Workshops The Engineer shall schedule, participate in mail out, pay for noise workshop notices, and facilitate up to two (2) Noise Workshops. This includes preparing PowerPoint presentations, scripts, layouts, exhibits, compiling meeting minutes, and certified mail notices for adjacent property owners affected by a proposed noise wall. 8. Water Resources Analysis and Documentation The Engineer shall provide environmental documentation, conduct field surveys, and provide analysis of water resources for compliance with state and federal regulations as described in the Environmental Guide: Volume 2 Activity Instructions, http://ftp.dot.state.tx.us/pub/txdot-info/env/toolkit1060-06-Qui.pdf, and the associated forms, templates, and guidance found in the Water Resources section of the Natural Resources Toolkit, https://www.txdot.aov/inside-txdot/division/environmental/compliance- toolkits/natural-resources.html. The applicable water resource studies must be Page 19 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 determined at the work authorization level. In the case that field surveys are required, then the Engineer shall contact TxDOT's Environmental Affairs Division's Natural Resource Management Section (ENV-NRM) for clearance prior to starting fieldwork. ENV-NRM will verify that approved methods and appropriately permitted and experienced staff will be used. At the request of the County/State, the Engineer shall provide the following water analysis: a. Surface Water Analysis Form, including analysis of: (1) Section 404 of the Clean Water Act (2) Section 303(d) of the Clean Water Act (3) General Bridge Act/Section 9 of the Rivers and Harbors Act (4) Section 10 of the Rivers and Harbors Act (5) Section 401 of the Clean Water Act (6) Executive Order 11990, Protection of Wetlands b. WOTUS Delineation report prepared in accordance with ENV's Documentation Standard for Waters of the U.S. Delineation Report using ENV's Template: Waters of the U.S. Delineation Report including all supporting forms and exhibits c. Section 404/10 Impacts Table prepared in accordance with TxDOT ENV's Section 404110 Impacts Table and Instructions — Preparing a Section 404110 Impacts Table d. Section 404/10/9 Permitting. Package, including: (1) USACE PCN Permitting Application prepared in accordance with TxDOT ENV's Documentation Standard for PCN (2) USACE I Permitting Application prepared in accordance with TxDOT ENV's Documentation Standard for iP (3) USACE LOP Permitting Application (4) USACE RGP Permitting Application (5) Conditional/Functional Assessment (6) Permittee-responsible Mitigation Plan (7) Permittee-responsible Mitigation Plan Implementation (8) USCG Bridge Permit Application prepared in accordance with the USCG Bridge Permit Application Guide (BPAG) (9) 401 Certification (10) USCG Exception Request (11) USCG Navigational Lighting e. For all WOTUS surreys, the Engineer shall: (1) Provide the results of the land survey in electronic DGN file format to be incorporated into the schematic and plans. GIS and KMZ files of the land survey must also be provided. (2) Determine the acres of permanent and temporary impacts and linear feet of impacts at each WOTUS and provide figures of the WOTUS and associated impacts overlaying the schematic and plan sheets. Page 20 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 9. Biological/Natural Resources Management Analysis and Documentation The Engineer shall provide environmental documentation, conduct field surveys, and provide analysis of biological natural resources for compliance with state and federal regulations as described in the TOOT Environmental Guide: Volume 2 Activity Instructions, http://ftp.dot.state.tx.us/pub/txdot-info/env/toolkit/060-06-qui.pdf, and the associated forms, templates, and guidance found in the Natural Resources Toolkit, https://www.txdot.gov/inside-txdot/division/environmental/compliance-toolkits/natural- resources.htmi. The applicable natural resource studies must be determined at the work authorization level. In the case that field surveys are required, then the Engineer must contact ENV-NRM for clearance prior to starting work. ENV-NRM will verify that approved methods and appropriately permitted and experienced staff will be used. At the request of the County/State, the Engineer shall provide the following biological/natural resource analysis: a. Species Analysis Form, including: (1) Species Analysis Spreadsheet, which can include a habitat analysis for the entire project area, field surveys for protected species, and presence/absence surveys. (2) Tier 1 Site Assessment, which can include early coordination or administrative coordination with TPWD. (3) Bald and Golden Eagle Protection Act (BGEPA) analysis and coordination assistance. b. ` Farmland Protection Policy Act (FPPA) analysis c. Preparation of USFWS/National Marine Fisheries Service (NMFS) species consultation, including section 7 informal and formal consultation for USFWS/NMFS 10. Initial Site Assessment (ISA) with Hazardous Materials Project Impact Evaluation Report The Engineer shall provide an ISA with Hazardous Materials Project Impact Evaluation Report for the limits of the proposed project in accordance with Statement of Work for Hazardous Materials Processes related to NEPA in the TOOT Hazardous Materials Management Toolkit (http://www.txdot.gov/inside- txdot/division/environmental/compliance-toolkits/haz-mat.htmI 11. Archeological Documentation Services The Engineer shall provide archeological studies and documentation. All archeological studies must be sufficient to satisfy the current TOOT Archeological Sites and Cemeteries Toolkit. An archeological background study must be performed prior to field work. If the Engineer was provided with a background study by the County/State, a new background study is not required. The Engineer shall provide archeological resource identification, evaluation, and documentation services. In compliance with TxDOT's Environmental Compliance Toolkits, the Engineer shall provide the following archeological services/deliverables: a. Archeological background study b. Archeological reconnaissance survey c. Archeological intensive survey An archeological survey (reconnaissance or intensive) must be sufficient to satisfy County/state and federal regulations. The applicable archeological survey must be determined at the work authorization level. The Engineer shall contact TxDOT's Page 21 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 Environmental Affairs Division's Archeological Studies Branch (ENV -ARCH) for approval prior to starting field and survey work. ENV -ARCH will verify that approved methods and appropriately permitted and experienced staff will be used. 12. Historic Resource Identification, Evaluation, and Documentation Services The Engineer shall provide historic resource identification, evaluation, and documentation services. In compliance with TxDOT's Environmental Compliance Toolkits, the Engineer shall provide the following historic resource services/deliverables: a. Historic Resources PCR, b. Historic Resources Research Design, and c. Historic Resource Survey Report, including windshield, reconnaissance, or intensive level documentation. All services, except the historic resource PCR, must have prior approval by TxDOT's Environmental Affairs Division's Historical Studies Branch (ENV-HIST) to be performed. The historic resource PCR must be accepted by ENV-HIST prior to survey field work. 13. Floodplain Impacts The Engineer shall determine whether the transportation activity has the potential to affect floodplains. Studies for floodplain impacts must fulfill the requirements of Executive Order 11988 and 23 CFR 650, Subpart A. Documentation must: a. Briefly describe the watershed characteristics of the study area in terms of land uses and changes in land use that may affect stream discharge. b. Briefly describe the streams in the study area, including evidence of stream migration, down cutting, or aggradations. c. Identify the presence and nature (e.g., zone A, zone AE, zone AE with floodway) of any FEMA mapped floodplains; including the panel number. d. Indicate the existence of any significant development associated with the mapped area and identify the jurisdiction responsible for the floodplain. e. Identify the locations where an alternative might encroach on the base (100-year) floodplain (encroachments), where an alternative might support incompatible floodplain development, and the potential impacts of encroachments and floodplain development. This identification must be included in the text and on a map. f. Include a list of all jurisdictions having control over floodplains for each alternative. g. Where an encroachment or support of incompatible floodplain development results in impacts, provide more detailed information on the location, impacts, and appropriate mitigation measures. In addition, if any alternative (1) results in a floodplain encroachment or supports incompatible floodplain development having significant impacts, or (2) requires a commitment to a particular structure size or type, the report must include an evaluation and discussion of practicable alternatives to the structure or to the significant encroachment. The report must include exhibits that display the alternatives, the base floodplains and, where applicable, the regulatory floodplains. h. For each alternative encroaching on a designated or regulatory floodplain, provide a preliminary indication of whether the encroachment is consistent with or requires a revision to the regulatory floodplain. If the preferred alternative encroaches on a regulatory floodplain, the report must discuss the consistency of the action with the regulatory floodplain. In addition, the report must document coordination with FEMA Page 22 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 and local or state agencies with jurisdiction indicating that a revision is acceptable or that a revision is not required. If the preferred alternative includes a floodplain encroachment having significant impacts, the report must include a finding that it is the only practicable alternative as required by 23 CFR 650, Subpart A. The finding must refer to Executive Order 11988 and 23 CFR 650, Subpart A. In such cases the report must document compliance with the Executive Order 11988 requirements and must be supported by the following information: (1) The reasons why the proposed action must be located in the floodplain; (2) The alternatives considered and why they were not practicable; and (3) A statement indicating whether the action conforms to applicable state or local floodplain protection standards 14. Stormwater Permits (Section 402 of the Clean Water Act) The Engineer shall: a. Describe the need to use the TPDES General Permit, TX 150000. The text must describe how the project will comply with the terms of the TPDES, including the Stormwater Pollution Prevention Plan; and, b. describe the need for Municipal Separate Storm Sewer System (MS4) notification. List MS4 participating municipalities. FUNCTION CODE 130 (130) — RIGHT-OF-WAY DATA RIGHT-OF-WAY (ROW) DATA AND UTILITY ENGINEERING INVESTIGATION For Function Codes 130 and 150, the term Surveyor means the firm (prime provider or subprovider) that is providing the surveying services shown in this scope. The Engineer shall ensure that the following general standards for survey work are followed for Function Codes 130 and 150: Unless otherwise indicated, any reference in this attachment to a manual, specification, policy, rule or regulation, or law means the version in effect at the time the work is performed. TxDOT manuals are available at:.hftp://onlinemanuals.b(dot.gov/manuals/. All surveys must meet or exceed all applicable requirements and standards provided by: (1) Professional Land Surveying Practices Act, (2) General Rules of Procedures and Practices promulgated by the Texas Board of Professional Engineers and Land Surveyors (TBPELS), and (3) TxDOT Survey Manual. The Surveyor shall perform all work in an organized and professional manner. All surveys are subject to the approval of the County/State. The Surveyor shall use the TxDOT ROW Preliminary Procedures for Authority to Proceed Manual and TxDOT Survey Manual as the basis for the format and preparation of all right of way (ROW) documents'produced, including ROW maps, written parcel descriptions, parcel plats, and other ROW work products, unless otherwise specified by the County/State. Unless otherwise directed by the County/State, the Surveyor shall use (1) the North American Datum of 1983 (NAD83), Texas Coordinate System of 1983 (State Plane Coordinates) applicable to the zone or zones in which the work is performed, with values in U.S. survey feet, as the basis for all horizontal coordinates derived and (2) the datum adjustment currently in use by TxDOT. Page 23 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 Project or surface coordinates must be calculated by applying a combined adjustment factor (CAF) to County/State Plane Coordinate values. If provided by the County/State, the Surveyor shall use a project specific CAF. Elevations must be based on the North American Vertical Datum 88 (NAVD88), unless otherwise specified by the County/State. All work using the Global Positioning System (GPS), whether primary control surveys or other, must meet or exceed the requirements provided by the TxDOT Survey Manual to the order of accuracy specified in the categories listed below or in a work authorization. If the order of accuracy is not specified in this attachment or in a work authorization, the work must meet or exceed the order of accuracy specified in the publication listed in this paragraph. All conventional horizontal and vertical control surveys must meet or exceed the order of accuracy specified in the TxDOT Survey Manual unless specified otherwise in the contract. All boundary determination surveys, whether for ROW acquisition, ROW re-establishment, or other boundary needs, must meet or exceed the accuracy specified in the TxDOT Survey Manual unless specified otherwise in the contract. The County/State may authorize the Surveyor to use an Unmanned Aircraft System (UAS) to perform services under this contract. The use of UAS is regulated by the Federal Aviation Administration (FAA). All UAS operators must comply with Federal Aviation Administration (FAA) regulations and the TxDOT Unmanned Aircraft System (UAS) Flight Operations and User's Manual. The survey data must be fully compatible with the County/State's computer system and with programs in use by the State at the time of the submission, without further modification or conversion. The current programs used by TxDOT are: Microsoft Word, Bentley MicroStation, Bentley OpenRoads civil design system, Bentley GEOPAK Survey, Excel, and ESRI ArcGIS. Data collection programs must be compatible with the current import formats allowed by GEOPAK Survey and be attributed with current feature codes. These programs may be replaced at the discretion of the County/State. Drawing sizes are defined, based on American National Standards Institute (ANSI) standard paper sizes,- as follows: A -size means 8.5 inches by 11.0 inches, B-size means 11.0 inches by 17.0 inches, C-size means 17.0 inches by 22.0 inches, and D-size means 22 inches by 34.0 inches. Variations from these software applications or other requirements listed above shall only be allowed if requested in writing by the Surveyor and approved by the County/State. The Surveyor shall perform quality control/quality assurance on all procedures, field surveys, data, and products. prior to delivery to the County/State. The County/State may also require the Surveyor to review the survey work performed by others. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the County/State that the submittal contains a substantial number of errors, omissions, and inconsistencies, the County/State may cease its review and return the submittal to the Surveyor immediately for appropriate corrective action. A submittal returned to the Surveyor for this reason is not a submittal for purposes of the submission schedule. The standards for services that are not boundary -related but that relate to surveying for engineering projects may be determined by the construction specifications, design specifications, or as specified by the County/State: 130.1. Right -Of -Way Surveys (15.1.1). - OMITTED 130.2. Right -Of -Way Mapping — Traditional ROW Map. - OMITTED 130.3. State Land Surveying (15.5.1). - OMITTED 130.4. ROW Hearing Services. - OMITTED 130.6. Utility Engineering Investigation. Utility engineering investigation includes utility investigations subsurface and above ground prepared in accordance with ASCE/CI Standard 38-02 Page 24 of 46 Exhibit.A Contract ID No. CIP 23-600 Project 4 SH 30 j(http://www.fhwa.dot.aov/proaramadmin/asce.cfm)] and Utility Quality Levels. A. Utility Quality Levels (QL) Utility Quality Levels are defined in cumulative order (least to greatest) as follows: 1. Quality Level D - Quality level value assigned to a utility segment or utility feature after a review and compilation of data sources such as existing records, oral recollections, locations marked by Texas 811, and data repositories. 2. Quality Level C - Quality level value assigned to a subsurface utility segment or utility feature after surveying aboveground (i.e., visible) utility features and using professional judgement to correlate the surveyed locations of these features with those from existing utility records. 3. Quality Level B - Designate: Quality level value assigned to a subsurface utility segment or subsurface utility feature whose existence and position is based upon appropriate surface geophysical methods combined with professional judgment and whose location is tied to the project survey datum. Quality Level B incorporates quality levels C and D information. A composite plot is created. 4.. Quality Level A — Quality level value assigned to a portion (x, y, and z geometry) of a point of a subsurface utility feature that is directly exposed, measured, and whose location and dimensions are tied to the project survey datum. Other measurable, observable, and judged utility attributes are also recorded (per District Best Practices). The utility location must be tied to the project survey datum with an accuracy of 0.1 feet (30-mm) vertical and to 0.2 feet (60-mm) horizontal. As test holes may be requested up front or during the project, test holes done prior to completion of QL D, C, or B deliverables must be symbolized on the QL B deliverable with a call out indicating test hole number. This is in addition to and not in lieu of the test hole. B. Utility Investigations Methodology 1. Utility Investigation Quality Level D The Engineer shall a. Perform records research from all available resources. Sources include: Texas811, Railroad Commission of Texas (Texas RRC), verbal recollection, as -built information from plans, plats, permits and any other applicable information provided by the utility owners or other stakeholders. b. Document utility owners and contact information. c. Create a utility drawing of information gathered. 2. Utility Investigation Quality Level C The Engineer shall: a. In combination with existing Quality Level D information, utilize surveyed above- ground utility features and professional judgement to upgrade Quality Level D information to Quality Level C. For those utilities unable to be upgraded, retain as Quality Level D. b. Overhead utilities information must be gathered and depicted. Overhead utilities have no Quality Level but will be paid at the same unit rate as Quality Level C. c. Storm and sanitary sewer information must be gathered from Quality Level D and upgraded to Quality Level C as possible. d. Create composite utility drawing of information gathered. Page 25 of 46 Exhibit A Contract ID No. C1P 23-600 Project 4 SH 30 3. Designate (Quality Level B) Designate means to indicate the horizontal location of underground utilities by the application and interpretation of appropriate non-destructive surface geophysical techniques and reference to established survey control. Designating (Quality Level B) services are inclusive of Quality Levels C and D. The Engineer must: a. Designate, record, and mark the horizontal location of the existing utility facilities using non-destructive surface geophysical techniques. b. Using both active and passive scans to attempt to designate any additional utilities, including unrecorded and abandoned storm and sanitary sewer facilities which may be investigated using additional methods such as rodding that would then classify them as Quality Level B. Non -water based pink paint or pink pin flags must be used on all surface markings of underground utilities. c. Correlate utility owner records with designating data and resolve discrepancies using professional judgment. The Engineer must prepare and deliver a color -coded composite utility facility plan with utility owner names, quality levels, line sizes and subsurface utility locate (test hole) locations. The Engineer and County acknowledge that the line sizes of designated utility facilities detailed on the deliverable will be from the best available records and that an actual line size is normally determined from a test hole. A note must be placed on the designate deliverable only that states 'lines sizes are from best available records or field observation". All above -ground utility feature locations must be included in the deliverable to the County/State. d. Clearly identify all utilities that were discovered from Quality Levels C and D investigation but cannot be depicted in Quality Level B standards. These utilities must have a unique line style and symbology in the designate (Quality Level B) deliverable. e. Comply with all applicable TxDOT policy and procedural manuals. 4. Subsurface Utility Locate (Test Hole) Service (Quality Level A) Locate is the process used to obtain precise horizontal and vertical position, material type, condition, size, and other data that may be obtainable about the utility facility and its surrounding environment through exposure by non-destructive excavation techniques that ensures the integrity of the utility facility. Subsurface Utility Locate (Test Hole) Services (Quality Level A) are inclusive of Quality Levels B, C, and D. The Engineer must: a. Review requested test hole locations and advise the County/State in the development of an appropriate locate (test hole) work plan relative to the existing utility infrastructure and proposed highway design elements. b. Coordinate with utility owner inspectors as may be required by law or utility owner policy. c. Place Texas 811 ticket 48 hours prior to excavation. d. Neatly cut and remove existing pavement material, such that the cut does not exceed 0.10 square meters (1.076 square feet) unless unusual circumstances exist. e. Measure and record the following data on an appropriately formatted test hole data sheet that has been sealed and dated by the Engineer: Page 26 of 46 Exhibit A C. Contract ID No..CIP 23-600 Project 4 SH 30 (1) Elevation of top of utility tied to the datum of the furnished plan. (2) Minimum of two benchmarks utilized. Elevations must be within an accuracy of 30mm (.10 feet) of utilized benchmarks. (3) Elevation of existing grade over utility at test hole location. (4) Horizontal location referenced to project coordinate datum. (5) Outside diameter of pipe or width of duct banks and configuration of non - encased multi -conduit systems. (6) Utility facility materials. (7) Utility facility condition. (8) Pavement thickness and type. (9) Coating/wrapping information and condition. (10) Unusual circumstances or field conditions. f. Excavate test holes in such a manner as to prevent any damage to wrappings, coatings, cathodic protection, and other protective coverings and features. g. Be responsible for any damage to the utility during the locating process. In the event of damage, the Engineer must stop work, notify the appropriate utility facility owner and appropriate regulatory agencies. The Engineer shall not resume work until the utility facility owner has determined the corrective action to be taken. The Engineer is liable for all costs involved in the repair or replacement of the utility facility. h. Back fill all excavations with the excavated material, compact backfill by appropriate mechanical means, and restore pavement and surface material. The Engineer is responsible for the integrity of the backfill and surface restoration for a period of two years. i. Furnish and install a permanent above -ground marker directly above center line of the utility facility. j. Provide complete restoration of work site and landscape to equal or better condition than before excavation. County/State's Deliverables 1. The Engineer shall provide a utility base file in Agn format depicting the utilities within the area of investigation at their achieved quality levels. The file must clearly identify all utilities discovered from QL-D and QL- C investigation that could not be designated in the field as QL-B. All Quality Level A test holes must be included. Overhead utilities must be included. Utilities must be referenced by the type of utility, color coded to American Public Works Association standards. 2. Test hole summary table detailing all attributes recorded and the horizontal and vertical coordinates of each location. 3. Utility Conflict Matrix (UCM) identifying utilities at the schematic level of design that may present major impacts to the project schedule or budget. Page 27 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 FUNCTION CODE 145 (145,164) — MANAGING CONTRACTED/DONATED PE CONTRACT MANAGEMENT AND ADMINISTRATION 145.1. Contract Management and Administration. The Engineer shall: A. Act as an agent for the County/State when specified in a work authorization. B. Produce a complete and acceptable deliverable for each environmental service performed for environmental documentation. C. Incorporate environmental data into identification of alternatives. D. Notify the County/State of its schedule, in advance, for all field activities. E. Notify the County/State as soon as practical, by phone and in writing, if performance of environmental services discloses the presence or likely presence of significant impacts (in accordance with 40 Code of Federal Regulations (CFR) 1500-1508). Inform the County/State of the basis for concluding there are significant impacts and the basis for concluding that the impacts might require mitigation. F. Notify the County/State as soon as practical, by phone and in writing, if performance of environmental services results in identification of impacts or a level of controversy that might elevate the transportation activity's status from a categorical exclusion or environmental assessment. The County/State will reassess the appropriate level of documentation. FUNCTION CODE 160 (160) -- ROADWAY DESIGN DESIGN SURVEYS AND CONSTRUCTION SURVEYS 160.1. - Design And Construction Survey. A. Definitions Design Survey (15.2.1) A design survey gathers data in support of transportation systems design. A design survey includes the research, field work, analysis, computation, and documentation necessary to provide detailed topographic (3-dimensional) mapping of a project site (e.g. locating existing ROW, surveying cross -sections or developing data to create cross - sections and digital terrain models, horizontal location of utilities and improvements, collecting details of bridges and other structures, review of ROW maps, establishing control points). 2. Construction Survey (15.2.2) A construction survey provides data in support of transportation systems construction. A construction survey may include reconnaissance, field work, analysis, computation, and documentation necessary to provide horizontal and vertical positions of specific ground points to establish lines or grades or for the validation of quantities of materials placed or removed. Construction layout and staking is included in this category. B. Technical Requirements for Design and Construction Surveys 1. Design surveys and construction surveys must be performed under the supervision of a RPLS currently registered with the TBPELS. 2. All control must meet the accuracy requirements of the County/State. Page 28 of 46 Exhibit A 160.2. Contract ID No. CIP 23-600 Project 4 SH 30 The Surveyor shall comply with the standards of accuracy for control traverses provided in the TxDOT Survey Manual or the TSPS Manual of Practice for Land Surveying in the State of Texas, as may be applicable. 3. Short traverse procedures used to determine horizontal and vertical locations must meet the following criteria: a. Short traverses must begin and end on horizontal and vertical ground control as described above. b. Required horizontal accuracy (unless otherwise stated): (1) Bridges and other roadway structures: less than 0.1 feet. (2) Utilities and improvements: less than 0.2 feet. (3) Cross -sections and profiles: less than 1 foot. (4) Bore holes: less than 3 feet. C. Required vertical accuracy: (1) Bridges and other roadway structures: less than 0.02 feet. (2) Utilities and improvements: less than 0.1 feet. (3) Cross -sections and profiles: less than 0.2 feet. (4) Bore holes: less than 0.5 feet. C. Data Requirements for Design and Construction Surveys Planimetric DGN files must be fully compatible with the version of the MicroStation graphics program currently used by County/TxDOT without further modification or conversion. J 2. Electronically collected and processed field survey data files must be fully compatible with County/TxDOT's computer systems without further modification or conversion. All files must incorporate only those feature codes currently being used by County/TxDOT. 3. Digital terrain models (DTMs) must be fully compatible with the version of the Bentley civil design system currently used by County/TxDOT without further modification or conversion. All DTM must be fully edited to provide a complete digital terrain model with all necessary break lines. Design Survey (15.2.1). A. Tasks to be Completed -- Design Surveys If requested by the County/State, the Surveyor shall perform one or more Design Surveys. Design Survey tasks include the following: 1. Collect data to create cross -sections and DTMs. 2. Locate visible above ground evidence of existing utilities. 3. Locate existing improvements. 4. Provide details of existing bridge structures, including bridge limits, bents, columns, retaining walls, and natural ground elevations. 5. Locate details of existing drainage features including culverts, manholes, retention and detention ponds, flowlines, and associated features. 6. Locate all waters of the United States (WOTUS), including wetlands, as marked on the ground under FC 120. Page 29 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 7. Review existing ROW maps and locate the existing ROW. a. Review existing ROW maps The Surveyor shall review ROW maps prepared by others for completeness using the current schematic and the checklist provided by the County/TxDOT district. b. Locate existing ROW The Surveyor shall resurvey the existing ROW where it is necessary to update or redefine ROW lines. All standard surveying procedures must be adhered to including record research, recovering existing monuments, and replacing monuments as appropriate. The Surveyor shall prepare an abstract map, preliminary map, final map, GIS graphics file, and a Surveyor's report. The final map must also include a monument table showing the property monuments that were found and set and certified by the Surveyor. The Surveyor shall prepare maps either in standard map sheets format or roll map format as requested by the TxDOT district. 8. Locate boreholes - Omitted 9. Perform hydrographic surveys, according to details requested by the TxDOT district. 10. Verify the condition and usefulness of existing control points including verification of the values. Establish additional control as needed. Tie to other control points in the project vicinity including points established by the National Geodetic Survey (NGS), the Federal Emergency Management Agency (FEMA), and any other local entities as directed by the State. 11. Update existing control information and prepare new survey control data sheets, as directed by the County/State to be included in the construction plan set as described below: a. The Surveyor shall prepare, sign, seal, and date a survey control index sheet and horizontal and vertical control sheet(s) to be inserted into the plan set. b. The survey control index sheet provides an overview of the primary project control and must include: (1) An unscaled vicinity map showing 'the general location of the project in relation to nearby towns or other significant cultural features. (2) A scaled project map showing the extents of the. project and the location of the primary control points. The map must show street networks, selected street names, control point identification, and significant cultural features necessary to provide a general location of the primary control. (3) A table containing the primary control point values including the point number, northing, easting, elevation, stationing, and stationing offset values. (4) Map annotation including a graphic scale bar, north arrow, and standard TxDOT title block. The title block shall contain a section for the district name, county, highway, and CSJ number. The title block shall also contain a section for a Texas registered engineer to sign, seal and date the sheet to include the following statement, "The survey control information has been accepted and incorporated into this PS&E." The required format of the survey control index sheet can be downloaded from the TxDOT website. (5) In the title block under the heading "Notes", identification of the horizontal and vertical datum on which the primary control is based with the date of the Page 30 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 current adjustment, the surface adjustment factor used, and unit of measure. The Surveyor shall include a note stating that the coordinates are State Plane and a notation specifying either grid or surface adjusted coordinates. c. The Surveyor shall prepare horizontal and vertical control sheets providing detailed information about the construction, location, and monumentation of the primary control, which must include: (1) An unscaled location map for each primary control point showing the location of the monument in relation to physical features located in the vicinity. The location map must include a north arrow, the monument designation, the monument northing, easting, and elevation. (2) Directly below the location map a text description of the monument including size, material, and construction followed by a description of the location of the monument starting with the county and state followed by a description suitable to locate the monument on the ground. (3) Map annotation including a graphic scale bar, north arrow, and a standard TxDOT title block. The title block must contain a section for the district name, county, highway, and CSJ number and contain a section for a Texas registered engineer to sign, seal and date the sheet to include the following statement, "The survey control information has been accepted and incorporated into this PS&E." The required format of the survey control index sheet can be downloaded from the TxDOT website. (4) In the title block under the heading "Notes", identification of the horizontal and vertical datum on which the primary control is based with the date of the current adjustment, the surface adjustment factor used, and unit of measure. The Surveyor shall include a note stating that the coordinates are either grid or surface adjusted coordinates. 160.3. Construction Survey (15.2.2). - OMITTED 160.4. Deliverables for Design and Construction Surveys. The Surveyor shall prepare and submit the following deliverables: A. Digital terrain .models (DTM) and the triangular irregular network (TIN) files in a MicroStation format. B. DGN prepared by the Surveyor showing the results of field surveys. C. Digital files containing field survey data (ASCII data files). D. TxDOT Form 2462 for each primary control point. This form must be submitted in printed format on letter (i.e., A size) and submitted electronically in PDF format. E. A digital copy of survey control data sheets. 160.6. Mapping (16.3). Mapping includes the geospatial data collection and mapping by means of aerial photogrammetry, aerial UDAR, terrestrial (close range) photogrammetry, terrestrial LIDAR, mobile UDAR, and other remote sensing technologies. A. Purpose The purpose of mapping is to provide maps and related data to support transportation projects including project design and other uses. Page 31 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 B. Definitions 1. Aerial Photogrammetry (15.3.1) —Aerial Photogrammetry means the collection and processing of photography acquired from an airborne platform to develop DGN and DTM files. 2. Terrestrial Photogrammetry (15.1.2) — Terrestrial Photogrammetry means the collection and processing of photography acquired at or near ground level to develop DGN and DTM files. 3. Airborne LiDAR (15.3.4) — Airborne LiDAR means laser scanning equipment mounted on a helicopter or other airborne platform to collect data to process for DGN and DTM files. 4. Terrestrial LiDAR (15.3.3) — Terrestrial LiDAR means laser scanning equipment operated from a stationary base on the earth's surface to collect data to process for DGN and DTM files. 5. Mobile LiDAR (15.3.4) — Mobile LiDAR means laser scanning equipment mounted on a moving vehicle operating on the earth's surface to collect data to process for DGN and DTM files. 6. UAS means Unmanned Aircraft Systems (e.g., drones). 7. UAS UDAR means laser scanning equipment on an unmanned aerial vehicle (e.g., drones) to collect data to process for DGN and DTM files. 160.6. Aerial Mapping Using a Metric Camera and Manned Aircraft. Aerial mapping using a metric camera and manned aircraft includes the collection of digital aerial imagery using a calibrated metric aerial camera, performing relative orientation of the imagery through the collection of tie and pass points between adjacent aerial photo frames, performing a least -squares bundled absolute orientation adjustment using ground control points supplemented with -airborne GPS and inertial measurement unit (IMU) data, and deriving data from the processed imagery including compilation of planimetric and topographic maps, creation of point cloud digital elevation model (DEM) and digital terrain model (DTM) data, and production of orthophotography. The Surveyor shall provide the services of a certified Photogrammetrist to perform or oversee the tasks under function code 150.6. The Surveyor remains ultimately responsible and shall ensure that the work is performed as required. A. Purpose The purpose of aerial mapping using a metric camera and manned aircraft is to provide map and related data to support transportation projects including project design and other uses. B. Definitions In 150.6, 150.7, and 150.8 the following definitions apply: 1. Photogrammetrist means an American Society for Photogrammetry and Remote Sensing (ASPRS) Certified Photogrammetrist with a current certification. 2. Mapping Scientist means an American Society of Photogrammetry and Remote Sensing (ASPRS) Certified Mapping Scientist-LiDAR with a current certification. 3. Metric Aerial Photograph means a vertical photograph taken from a manned aircraft using a calibrated digital metric aerial mapping camera. 4. Non -Metric aerial photograph means a vertical or oblique photograph taken from a fixed - or rotary -wing unmanned aircraft system (UAS) aircraft using a non -metric small format consumer -grade digital camera with 42 megapixels or greater. Page 32 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 5. Large -format digital metric camera means a camera using charge -coupled device (CCD) or complementary metal oxide semiconductor (CMOS) technology to capture an image with a minimum final image size of 10320 by 7500 pixels. 6. Analytical triangulation means the process of developing absolute orientation parameters for individual photogrammetric stereo models through the use of image tie and pass points combined with ground control in a fully weighted least -squares bundle adjustment. Airborne GPS and IMU data may be used to reduce the number of ground control points. 7. Ground control means points established on the ground by the Surveyor and for which the Northing, Easting, and Elevation coordinates have been determined sufficient in number and geospatial distribution to allow analytical triangulation and mapping to meet the required project accuracy. Ground control can be targeted using paint or other marker material or can be non -targeted. 8. Airborne GPS/IMU — An airborne GPS receiver on -board the aircraft recording GPS and orientation data to be included in the analytical triangulation with the purpose of reducing the number of ground control points required for a metric aerial mapping task. IMU data to supplement the analytical triangulation is optional and its use is at the discretion of the Certified Photogrammetrist or Mapping Scientist. 9. KML means an uncompressed Google Keyhole Markup Language file, which is a two- or three- dimensional map showing a' location on the earth. 10. KMZ means a compressed Google Keyhole Markup Language file, which is a two- or three- dimensional map showing a location on the earth. 11. DEM means digital elevation model, which is a three-dimensional DGN and/or point cloud in ASPRS LAS 1.4 file format containing all features located in the project area including features both on and above the ground surface. 12. DTM means digital terrain model, which is a three-dimensional DGN and/or point cloud in ASPRS LAS 1.4 format containing only features located on the ground surface. 13. Field Check means a ground survey validation of the deliverable map product with the purpose of ensuring that the required mapping accuracy has been met. 14. Flight Map means a map depicting the flight line and ground control layout over the project area. 15. Low Altitude Aerial Photography means a metric aerial photography with a nominal ground pixel size of 5 cm or less. 16. DGN means a two or three-dimensional graphics file produced using Bentley MicroStation. The file may contain features and improvements plotted in a horizontal plane along the N and E axes which correspond to the Texas Coordinate System. The file may contain 2D or 3D elements representing topographic, existing, proposed, schematic, and general layout features. 17. Medium Altitude Photography means aerial photography with an equivalent photo scale of 1:12,000 or a digital image with ground pixel size of 20 cm. 18. Project Photo Length means the distance over which photographs are required to be taken. C. Procedure for Aerial Mapping Using a Metric Camera and Manned Aircraft Ground Control The positioning and density of ground control is at the discretion of the Photogrammetrist. Ground control is required to be sufficient to meet the accuracy standard required for the Page 33 of 46 Exhibit A j I Contract ID No. CIP 23-600 Project 4 SH 30 final mapping products. Chapter 3 of the TxDOT Survey Manual provides guidance for the location and density of the ground control. The Photogrammetrist must determine the approximate position for ground control points. The Surveyor shall locate and mark the ground control points in the field using surveying methods. 2. Metric Digital Aerial Photography The Photogrammetrist must acquire metric digital aerial photography using a calibrated metric aerial mapping camera. Unless otherwise stated, the imagery will be low altitude with a maximum nominal ground sampling distance of 5.0 cm. The Photogrammetrist must ensure that all imagery acquisition requirements including all flight parameters are met such that the imagery is suitable for intended use. 3. Analytical Triangulation The Photogrammetrist must process the metric digital aerial photography, ground control, and airborne GPS/IMU data (if collected) to develop an absolute orientation of the imagery suitable for map compilation at the required accuracy. 4. Aerial Mapping The Photogrammetrist must prepare the following: a. A two-dimensional DGN file containing planimetric map features. b. A three-dimensional DGN file containing DTM features. c. Orthophotography The Photogrammetrist must provide orthorectified aerial imagery covering the project area. D. Technical Requirements 1. Aerial mapping using a metric camera and manned aircraft must be performed under the direct supervision of an ASPRS Certified Photogrammetrist. 2. Unless otherwise stated, aerial mapping must meet or exceed the requirements for ASPRS Class 1 mapping at a 1 inch = 40 feet equivalent scale with a one foot indicated contour interval. E. Data Requirements 1. Planimetric DGN files must be fully compatible with the current Bentley MicroStation version graphics program used by TOOT without further modification or conversion. 2. Airborne LiDAR must be performed under the direct supervision of an ASPRS Certified Mapping Scientist LiDAR. 3. Electronically collected and processed field survey data files must be fully compatible with TxDOT's computer systems without further modification or conversion. All files must incorporate only those feature codes currently being used by the State. 4. DTM must be fully compatible with the current version of Bentley civil design system used by TOOT without further modification or conversion. All DTM must be fully edited to provide a complete digital terrain model with all necessary break lines. 5. File features and level structure must be in accordance with the County/State's current photogrammetry mapping legend. 6. Minimum text size is 0.1 inches when plotted at a scale of 1 inch = 40 feet. Page 34 of 46 Exhibit A 'I Contract ID No. CIP 23-600 Project 4 SH 30 F. Deliverables for Aerial Mapping Using a Metric Camera and Manned Aircraft The Photogrammetrist must submit the following: 1. 0.25-ft ground resolution digital orthophotography delivered on USB flash -drive, hard - drive, or by File Transfer Protocol (FTP) in Enhanced Compression Wavelet (ECW) format compatible with Bentley MicroStation software and including georeferenced world files. 2. An orthophoto index map in DGN, KMZ, and PDF format showing the location of each orthophoto panel. The PDF format index map must be overlaid on a base map to provide general locational information. 3. DGN files for the planimetric and DTM mapping. 4. 3D 1-Ft contour data 5. Triangulated Irregular Network (TIN) fully compatible with Bentley's MicroStation graphics system without further modification or conversion. 6. Flight Certification - Certification that the photographs or LiDAR imagery were taken on the date indicated, signed by the airplane pilot or aerial photographer. 7. Statement of Map Accuracy Statement of Map Accuracy For maps that are not field checked but have been compiled to meet the State's accuracy standard, the Surveyor shall include the following statement along with the Photogrammetrist's seal on the delivered hard copy and digital versions of the map: "This map was compiled to meet the ASPRS Standard for Class 1 map accuracy." If the map was checked and found to conform to this spatial accuracy standard, the statement above and the following statement must also be included on the delivered hard copy and digital versions of the map, and in the field check summary: "This map was checked and found to conform to the ASPRS Standard for Class 1 map accuracy." 8. TxDOT's photogrammetry mapping legend and supplements. 9. Bare earth LiDAR data in LAS format 10. Ground Truthing Report(s) 11. A tabulation showing the ground control points and the field -check points. 160.7. Aerial Mapping Using a Non -Metric Camera and Unmanned Aircraft System (UAS). (OMITTED) 160.8. Field Check Survey for Aerial Mapping Using Manned Aircraft or UAS. Field checking of aerial mapping projects involves surveying a statistical sampling of discreet features shown on the map. It is a collaborative effort between the Photogrammetrist or Mapping Scientist-UAS and the Surveyor to validate that the map derived photogrammetrically meets the required accuracy standard. Because not all features shown on the map are good candidates for checking, it is necessary for the Photogrammetrist or Mapping Scientist to select discreet and unambiguous points that can then be surveyed and effectively evaluated between both the photogrammetric and field survey data sets. Page 35 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 The Photogrammetrist or Mapping scientist-UAS will provide a minimum of twenty 20 check point locations randomly distributed throughout the mapping area. The descriptions of the points must be sufficient to eliminate any ambiguity of the exact point to be surveyed. A. Purpose The purpose of a field check for aerial mapping is to validate that map accuracy requirements have been met. B. Definitions In 150.8, the following definition applies: Check Point — A randomly distributed point captured in the DGN mapping file selected by the Photogrammetrist or Mapping Scientist and provided to the Surveyor to be used to verify that the mapping accuracy requirement has been met. C. Procedure to Field Check Survey for Aerial Mapping Using Manned Aircraft or UAS 1. The Photogrammetrist or Mapping Scientist UAS must prepare and provide the Surveyor a listing of points to be validated in the field. Sufficient detail and description of the point is required to eliminate the possibility of a misidentification of the point during the field survey. A minimum of 20 horizontal and 20 vertical check points are required. Any single point can be used for both horizontal and vertical data as appropriate. A check point must not be part of the analytical triangulation least -squares adjustment. 2. The Surveyor shall locate and measure the provided validation points on the ground using equipment and methodologies with a higher level of accuracy than the map being checked. 3. Using the results from the field survey, the Surveyor shall prepare a map accuracy assessment report detailing the results of the field check. The report must include the number of check points used, the field surveying technique used for validation, and the results of the root mean square error, (RMSE) and 95% confidence computations. 4. Using the validation data provided by the Surveyor, the Photogrammetrist or Mapping Scientist must prepare a final report detailing the results of the map check. The report must include both the following Statements of Accuracy, if applicable: a. "This map was compiled to meet the ASPRS Standard for Class 1 map accuracy." b. "This map was checked and found to conform to the ASPRS Standard for Class 1 map accuracy." D. Technical Requirements The Surveyor shall: Determine the northing, easting, and elevations of the check points provided by the Photogrammetrist or Mapping Scientist using a surveying method of greater accuracy than that used to produce the map being checked. 2. Perform RMSE and 95% confidence computations on the check points using the following methodology: For each horizontal coordinate, the Surveyor shall subtract the Northing value of the map coordinate from the Northing value derived from the field survey and square the resulting value. The Surveyor shall perform the same operation for the Easting coordinate and then add the two squared values. The Surveyor shall repeat the procedure for each check point. The Surveyor shall add up all of the resulting squared values and divide the sum by the number of check points used (i.e., average the squares). Finally, the Surveyor Page 36 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 shall calculate the square root of the average. The Surveyor shall report the resulting value as the RMSE value for the horizontal check point analysis. The Surveyor shall multiply the final RMSE value by 1.7308 and shall report the resulting value as the 95% confidence value for the horizontal check point analysis. For each vertical coordinate, the Surveyor shall subtract the elevation value of the map coordinate from the elevation value derived from the field survey and square the resulting value. The Surveyor shall repeat the procedure for each check point. The Surveyor shall add up all of the resulting squared values and divide the sum by the number of check points used (i.e., average the squares). Finally, the Surveyor shall calculate the square root of the average. The Surveyor shall report the resulting value as the RMSE value for the vertical check point analysis. The Surveyor shall multiply the final RMSE value by 1.96 and shall report the resulting values as the 95% confidence for the vertical check point analysis. 3. Provide the results of the RMSE and 95% confidence computations to the Photogrammetrist. E. Data Requirement The Surveyor shall deliver the result of the field check as a report in PDF format. F. Deliverables The Photogrammetrist or Mapping Scientist must provide a map accuracy assessment report detailing the methodology used and results of the map accuracy assessment. 150.9. Horizontal and Vertical Control for Aerial Mapping. Placement and survey of horizontal and vertical control for aerial mapping establishes ground control for aerial mapping projects. A. Purpose The purpose of an aerial photography.controi survey is to provide ground control for aerial mapping projects. B. Definitions In 150.9, Aerial Photography Control Survey means reconnaissance, field work, analysis, computation, and documentation necessary to provide horizontal and vertical position of specific ground points. The ground control points are used in photogrammetric processing. C. Procedure for Horizontal and Vertical Control for Aerial Mapping The Surveyor shall: Prepare and submit for approval an aerial ground control layout in DGN and KML format based on the target positions selected by the Certified Photogrammetrist. The layout must show the location of the proposed primary project control and aerial ground control points. 2. Establish and determine the horizontal and vertical coordinates of the primary project control points and aerial ground control points. 3. Place aerial ground control targets at the point location and maintain the targets until the aerial flight has been completed. D. Technical Requirements 1. Aerial photography control surveys must be performed under the direct supervision of a RPLS currently registered with the TBPELS. Page 37 of 46 Exhibit A f 160.10. Contract ID No. CIP 23-600 Project 4 SH 30 2. The horizontal and vertical coordinates of the aerial control points must be based on acceptable methods, conducted by the Surveyor, and must meet the standards of accuracy as set forth below: Survey Level 3 accuracy, as described in the equivalent level of accuracy described in the Surveying in the State of Texas. E. Data Requirement TxDOT Survey Manual, latest edition, or the TSPS Manual of Practice for Land The Surveyor shall perform post processing of field data, which will be reviewed by the State. Data processed by standard calculators, computers, and other business hardware and software normally maintained and used by the Surveyor will be considered acceptable. F. Deliverables The Surveyor shall submit the following: 1. A final aerial control point layout in DGN and KML format showing the location of the primary control and target points labeled with their respective alpha -numeric designation. 2. A plot and computer graphics of a B-size index map showing an overall view of the project and the relationship of primary monumentation and control used in the preparation of the project, signed and sealed by a RPLS, and as directed by the County/State. 3. A plot and computer graphics of a B-size horizontal and vertical control sheet showing the primary survey control monumentation used in the preparation of the project, signed and sealed by a RPLS, and as directed by the County/State. 4. A Form 2462 data sheet for each aerial ground control point, which must include a location sketch, a physical description of the point, surface coordinates, elevation, and datums used. 5. A USB flash drive containing the graphics files and scanned images of the control data sheets. 6. A written statement describing the datum used along with copies of all relevant NGS and data sheets. 7. A written tabulation of all aerial control points with their respective alpha -numeric designations and horizontal and vertical coordinates. Mapping Services to be Provided. The Surveyor shall provide the following mapping services as requested by the County/State: A. Aerial Photogrammetry The Surveyor shall prepare planimetric design (DGN), digital terrain model (DTM), and triangulated irregular network (TIN) MicroStation graphics files and orthophotography files covering the specific work location, meeting standards and specifications as required. B. Terrestrial Lidar The Surveyor shall prepare planimetric design (DGN), digital terrain model (DTM), and triangulated irregular network (TIN) MicroStation graphics files covering the specific work location, meeting standards and specifications as required. Page 38 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 C. Aerial Lidar The Surveyor shall prepare planimetric design (DGN), digital terrain model (DTM), and triangulated irregular network (TIN) MicroStation graphics files covering the specific work location, meeting standards and specifications as required. D. Mapping Tasks to be Completed The Surveyor shall perform the following tasks as requested for each mapping service. 1. Horizontal and Vertical Control for Aerial Mapping a. The Surveyor shall prepare and submit an aerial ground control layout showing the proposed aerial ground control points, for approval by the County/State. b. The Surveyor shall establish and determine the coordinates of the aerial ground control points. c. The Surveyor shall establish and determine the elevations of the aerial control points. d. The Surveyor shall place aerial ground control target material at the established points and maintain until the photographs from the flight are approved. e. The Surveyor shall prepare, to scale, a survey control index sheet for the aerial control points. f. The Surveyor shall be prepared to locate additional points, as determined by the American Society for Photogrammetry and Remote Sensing (ASPRS) certified Photogrammetrist, if any panel points are not visible from the air. 2. Prepare Planimetric and DTM Data The Surveyor shall perform the following tasks for each requested mapping service: a. The Surveyor shall provide low altitude aerial photography, and airborne UDAR data at 30ppsm to cover an .area approximately 200 feet wide centered on the roadway unless otherwise specified, with cross flights as directed by the County/State. The Surveyor shall follow all standards and specifications in accordance with established guidelines and recommended or approved by the County/State. b. The Surveyor shall prepare planimetric design (DGN), digital terrain model (DTM), and triangulated irregular network (TIN) Bentley MicroStation graphics files and orthophotography files covering the specific work location, meeting standards and specifications as required. (1) The Surveyor shall collect supplemental planimetric and DTM survey data. (2) The Surveyor shall update aerial 2D and 3D mapping with ground surveys. (3) The Surveyor shall maintain the current DGN level structure and legend used by TxDOT. (4) The Surveyor shall maintain the current DTM level structure and legend used by TxDOT. (5) The Surveyor shall use file features and level structures in compliance with TxDOT's current photogrammetry mapping legend. (6) The Surveyor shall locate, and field check random points. c. The Surveyor shall conduct quality assurance and quality control (QA/QC) for each task performed and prepare a Surveyor's Report. Page 39 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 3. Deliverables fot Planimetric and DTMs The Surveyor shall provide the following: a. Certification that the photographs and LiDAR imagery were taken on the date indicated, signed by the airplane pilot or aerial photographer. b. The DGN, DTM, and TIN files on a medium and in a format acceptable to the State, delivered on USB flash -drive, hard -drive, or FTP. (1) 0.25-ft ground resolution digital orthophotography (created using the DTM) delivered on USB flash drive, hard -drive, or by FTP in ECW format (3 banded) with world files. (2) TxDOT's photogrammetry mapping legend and supplements. c. A tabulation showing the field -check points. d. Bare earth LiDAR data in LAS format. e. Quality Assurance and Quality Control (QA/QC) and Statement of Map Accuracy. (1) Statement of map accuracy. (2) A surveyor's report signed and sealed by an RPLS. 160.11. Horizontal And Vertical Control (15.3.5). This includes the establishment of horizontal and vertical control for survey projects. A. Overview of Horizontal and Vertical Control A horizontal control survey is performed for the purpose of placing geographic coordinates of latitude and longitude on permanent monuments for referencing lower levels of surveys. A projection is used to place the coordinates on a plane of northing and easting values for simplified measurements. Scale and elevation factors are applied to make the distance measurements applicable to the exact location on the working surface and the type of projection chosen is an "equal angle" type. A vertical control survey is performed for accurately determining the orthometric height (elevation) of permanent monuments to be used as bench marks for lower quality leveling. Spirit leveling is the usual method of carrying elevations across country from "sea level" tidal gauges. However, Global Positioning System (GPS) can be used indirectly but with less accuracy. Height measurements from the ellipsoid (as opposed to the sea level geoid) can be determined very accurately with GPS and only GPS. Trigonometric leveling, with a total station, is not acceptable for vertical control work. B. Definitions 1.- BM means bench mark, which is a relatively permanent object whose elevation above or below an adopted datum is known. 2. CORS means continuously operating reference station, which is a network of the highest quality horizontal stations, forming the National Spatial Reference System (NSRS). 3. Control Survey means a survey providing positions (horizontal or vertical) of points to which supplemental surveys are adjusted. 4. Datum means a mathematical model of the earth designed to fit part or all of the geoid. 5. Datum Point Rod or Deep Rod Monument means a monument driven to refusal by a power driver, used for major project control. Page,40 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 6. GPS means the Global Positioning System, which is based on a constellation of 24 satellites orbiting the earth at a very high altitude. 7. Horizontal Control Survey means placing geographic coordinates of latitude and longitude on permanent monuments. 8. Level 1 survey means RRP, CORS or major control densification. 9. Level 2 Survey means primary project control. 10. Level 3 Survey means secondary project control. 11. NGS means National Geodetic Survey 1.2. RRP means Regional Reference Point, which is a TxDOT Continuously Operating Reference Point. 13. Type II Monument means a disk driven onto a length of 5/8-inch rebar with the hole filled flush with concrete. 14. Vertical Control Surveys means a survey performed for accurately determining the orthometric height (elevation) of permanent monuments to be used as bench marks for lower quality leveling. C. Procedure for Horizontal and Vertical Control 1. The Surveyor shall establish horizontal and vertical control points, including offsite points. The Surveyor shall prepare signed survey control data sheets, a survey control index sheet, and a composite layout of the horizontal and vertical controls, and as directed by the County/State. 2. The Surveyor shall update existing control information and prepare new survey control data sheets, as directed by the State, to be included in the construction plan set as described in Item 150.11, D. D. Technical Requirements for Horizontal and Vertical Control The Surveyor shall adhere, to the following technical requirements. 1. Horizontal and vertical controls must be performed under the supervision of a RPLS currently registered with the TBPELS. 2. Horizontal ground control used for design surveys and construction surveys, furnished to the Surveyor by the State or based on acceptable methods conducted by the Surveyor, must meet the standards of accuracy required by the County/State. The Surveyor shall comply with the standards of accuracy for horizontal control traverses, as described in the TxDOT Survey Manual or the TSPS Manual of Practice for Land Surveying in the State of Texas, as may be applicable. 3. Vertical ground control used for design surveys and construction surveys, furnished to the Surveyor by the State or based on acceptable methods conducted by the Surveyor, must meet the standards of accuracy required by the County/State. The Surveyor shall comply with the standards of accuracy for vertical control traverses, as described in the TxDOT Survey Manual or the TSPS Manual of Practice for Land Surveying in the State of Texas, as may be applicable. 4. Monuments The Surveyor shall install survey monuments for a horizontal and vertical control survey that are reasonably permanent and substantial. The monuments shall be easily identified and afforded reasonable protection against damage and or destruction. Page 41 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 a. Offsite primary control points whether set by GPS or conventional survey methods must be set in pairs approximately 2000 feet apart outside of the project on side roads. Offsite points must be constructed approximately every 2 miles and set approximately 6 inches below natural ground and must be inter -visible between each pair of points. b. Secondary control points must be set approximately 6 inches below ground at a maximum distance of 1,500 feet apart. 5. Side shots or short traverse procedures for total stations used to determine horizontal and vertical locations must meet the following criteria: a. Short traverses and instrument setups for side shots must begin and end on horizontal and vertical ground control as described above. b. Standards, procedures, and equipment (e.g., GPS Equipment, LiDAR, Total Stations) used must be such that horizontal locations relative to the control can be reported within the specification to allow the engineer to accurately create the design to the following limits: (1) Bridges and other roadway structures: less than 0.02 feet. (2) Utilities and improvements: less than 0.2 feet. (3) Cross -sections and profiles: less than 0.2 feet. (4) Bore holes: less than 0.5 feet. c. Standards, procedures, and equipment (e.g., GPS Equipment, LiDAR, Total Stations) used must be such that vertical locations relative to the control may be reported to within 0.02 feet. 6. The Surveyor shall update existing control information and prepare new survey control data sheets, as directed by the County/State, to be included in the construction plan set as described below: a. The Surveyor shall prepare, sign, seal, and date a survey control index sheet and horizontal and vertical control sheets to be inserted into the plan set. b. The Surveyor shall prepare a survey control index sheet that provides an overview of the primary project control and must include: (1) An unscaled vicinity map showing the general location of the project in relation to nearby towns or other significant cultural features. (2) A scaled project map showing the extents of the project and the location of the primary control points. The map must show street networks, selected street names, control point identification, and significant culture features necessary to provide a general location of the primary control. (3) A table containing the primary control point values including the point number, northing, easting, elevation, stationing, and stationing offset values. (4) Map annotation including a graphic scale bar, north arrow, and standard TxDOT title block. The title block must contain a section for the district name, county, highway, and CSJ number. The title block must also contain a section for a Texas registered engineer to sign, seal, and date the sheet to include the following statement, "The survey control information has been accepted and incorporated into this PS&E". Page 42 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 The Surveyor shall download the required format of the survey control index sheet from the TxDOT website. (5) In the title block under the heading "Notes", identification of the horizontal and vertical datum on which the primary control is based with the date of the current adjustment, the surface adjustment factor used, and unit of measure. The surveyor shall include a note stating that the coordinates are State Plane and a notation specifying either grid or surface adjusted coordinates. E. Data Requirement The Surveyor shall perform post processing of field data, which will be reviewed by the County/State. Data processed by standard calculators, computers, and other business hardware and software normally maintained and used by the Surveyor will be considered acceptable. F. Tasks to be Completed The Surveyor shall perform the following tasks: 1. The Surveyor shall establish horizontal and vertical control points, including offsite points. The Surveyor shall prepare signed survey control data sheets, a survey control index sheet, and a composite layout of the horizontal and vertical controls, and as directed by the County/State. 2. The Surveyor shall set primary offsite control points in pairs, approximately 2 miles apart outside of the project area. 3. The Surveyor shall set secondary control points approximately 6 inches below ground at a maximum distance of 1,500 feet apart. 4. The Surveyor shall establish horizontal and vertical control from the TxDOT Virtual Reference Station (VRS) Network, and as directed by the County/State. 5. The Surveyor shall tie and tabulate horizontal and vertical control to other control points and datums in the vicinity established by other sources such as the National Geodetic Survey (NGS), the Federal Emergency Management Agency (FEMA), TxDOT VRS Network, and as directed by the County/State. G. Deliverables The Surveyor shall provide the following: 1. A B-size plot and MicroStation graphics files of the index map showing an overall view of the project and the relationship of the primary monuments and control points established for the project, signed and sealed by a registered professional land surveyor (RPLS), and as directed by the County/State. 2. One Form 2462'data sheet for each control point which shall include, but need not be limited to, a location sketch, a physical description of the point, surface coordinates, the elevation, and the datum used. 3. A USB flash -drive containing the graphics files and scanned images of the control data sheets. 4. A written statement describing the datum used, signed and sealed by a RPLS, along with copies of all relevant NGS and TxDOT data sheets. Page 43 of 46 Exhibit A Contract ID No. CIP 23-600• Project 4 SH 30 FUNCTION CODE 160 (163) — ROADWAY DESIGN MISCELLANEOUS ROADWAY 163.1. Utility Coordination. - OMITTED 163.2. Geotechnical Borings and Investigations A. The Engineer shall determine the location of proposed soil borings for bridge design, traffic signal design, culvert design, storm drain alignment, and pavement design in accordance with the latest edition of the TxDOT Geotechnical Manual. The State will review and provide comments for a boring layout submitted by the Engineer showing the general location and depths of the proposed borings. Once the Engineer receives the County/State's review comments, the Engineer shall perform soil borings (field work), soil testing, and prepare the boring logs in accordance with the latest edition of the TxDOT Geotechnical Manual and the local TxDOT district's procedures and design guidelines. B. All geotechnical work must be performed in accordance with the latest version of the TxDOT Geotechnical Manual. All testing must be performed in accordance with TxDOT's Test Procedures, which are available at hftos:/Iwww.txdot.gov/business/resources/testing.htmi. American Society for Testing Materials (ASTM) test procedures may be used only in the absence of the TxDOT procedures. All soil classification must be done in accordance with the Unified Soil Classification System. C. If applicable, the Engineer shall perform soil borings, coring for pavement removal items, and foundation design recommendations along storm drain alignment, and bridges. D. The Engineer shall provide a signed, sealed, and dated geotechnical report that contains soil boring locations, boring logs, laboratory test results, generalized subsurface conditions, ground water conditions, skin friction tables, and design capacity curves including skin friction and point bearing. The skin friction tables and design capacity curves must be present for piling and drilled shaft foundation. E. If applicable, the Engineer shall perform scour analysis to include grain size distribution curves with D50 value for each soil layer and a D50 grain size for a sample in the stream bed at the upstream face of the bridge in the upper 1-foot of the stream bed. In addition, the Engineer shall provide a subsurface profile including the following information for each layer: 1. Particle Size Analysis (Tex-110-E) including: a. Median Grain Size (D50) and percent clay (percent passing No. 200 sieve) b. Soil type based on grain dimensions of cohesionless materials 2. Liquid Limit (Tex-104-E) as required for clayey soils 3. Plastic Limit (Tex-105-E) as required for clayey soils 4. Plasticity Index (Tex-106-E) as required for clayey soils 5. USCS Soil Classification (Tex-142-E) as required for clayey soils F. The Engineer shall sign, seal, and date soil boring sheets to be used in the PS&E package. The preparation of soil boring sheets must be in accordance with a County/State's District standards. G. The Engineer shall incorporate soil boring data sheets prepared, signed, sealed, and dated by the geotechnical engineer overseeing the work. The soil boring sheets shall be in accordance with the County/State's W[NCORE software, which is available on the Texas Department of Transportation (TxDOT) website. Page 44 of 46 Exhibit A Contract ID No. CIP 23-600 Project 4 SH 30 H. Pavement Design (OMMITTED): If applicable, the Engineer shall incorporate the pavement design developed by the County/State. If the pavement design is not available, the State may request the Engineer perform pavement design and submit to County/State for review and approval. I. Deliverables Preliminary Pavement Design Report 2. Geotechnical Report 3. DGN flies containing bore hole locations and drilling log data from Geotechnical analysis Page 45 of 46 Exhibit A i Contract ID No. CIP 23-600 Project 4 SH 30 SH 30 Schedule csf xsaaoumz S11d0 Conhact Ro eCs FGgtryaY• mo L P&APmvWo Aatltipated ProfectScAedelc r. ambZ=, tlm8a: /—Cbtt Ave. to FM 158 .:. ,` . , .. • ... ���������=awe®�a���o®a�� MM •fiuegyimllltrn•Arde: dir(halry;I}oQlr7iotre.8tolog&eL rvorsa o/the U.S.NmmLC11r�rolRuoumACmamaairyfmpometnalaplt (C1A), amt lndUnl6 CumufarA•elmprm.h:an>V RCII.lkcrewilthmie+mtandappsmaflrdNtdual{y amlmmnitahta $•Artoicc&QVY. ••7kaxhalafag aJal'uMk b/ndngmn befolrly;iTmhk-a moarhortnn mrpaafara. Page 46 of 46 Exhibit A i Contract ID No. CIP 23-600 Project.4 SH 30 EXHIBIT B ADDITIONAL SERVICES TO BE PROVIDED BY THE ENGINEER SH 30 from Associates Ave to FM 158 CSJ: 2446-01-032 The Engineer shall provide the necessary engineering and technical services for the preparation of plans, specifications, and estimates (PS&E) for the construction of SH 30, to a four -lane divided urban roadway. The project will be prepared in conformance with state and federal requirements. The construction plan sets shall contain the drawings, details, and applicable standards required to describe the grading, paving, drainage, structures, signing, pavement marking, delineation, sequence of construction, and traffic control for this construction project. The project will also require a TxDOT approved pavement design, additional SUE investigations, and preparation of ROW maps and deed descriptions, in accordance with the TxDOT approved schematics and environmental documents described in Exhibit A. Under subsequent work authorizations, the engineer may provide some or all the following: Assistance with Right -of -Way Mapping and Acquisition, including, but not limited to, testimony at eminent domain proceedings, Review of conflict analysis for utility relocation plans, and Construction phase services, including, but not limited to, preparation of change orders, review of shop and fabrication drawings, schedule analysis and participation in project meetings, as requested by TxDOT. The ENGINEER will be the single point of contact between the County and all contractors/subcontractors and will review all work performed, coordinate and conduct all meetings, and prepare and submit all project reports and documents. Page 1 of 1 Exhibit B Exhibit C - Fee Schedule Contract: Project 4 Prime Provider: Lamb -Star CSJ: 2446-01-032 Highway: SH030 Limits: Associates Ave. to FM 158 PROVIDER NAME: LambStar LLC DRIMD PRnvinDR NAME• 1 e....l..-..A-- 1 1 r. �wa r y ,. LSE (Prime) (Lump Sum) LJA (Sub1) (Lump Sum) JRB (Sub2) (Lump Sum) WSB (Sub3) (Lump Sum) DAS (Sub3) (Lump Sum) TOTAL by FC TASKS Description FC 110 Feasibility Studies $ 1,113,066.70 $0.00 $0.00 $160,760.83 $0.00 $1,273.827.53 Unit Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other Direct Expenses $37,726.00 $0.00 $0.00 $10,527.75 $0.001 $48 253.75 FC 120 SoclallEconlEnviron Studies $0.00 $276.435.00 $0.00 $0.00 $0.001 $276.435.00 Unit Costs $0.00 $ $4.853.00 $0.00 $0.00 $0.00 $34.853.00 Other Direct Expenses $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Right -of -Way (ROM Data $ 103,004.85 $0.00 $0.00 $0.00 $0.00 $103,004.85 FC 130 Unit Costs $ 226,130.00 $0.00 $0.00 $0.00 $0.00 $226,130.00 Other Direct Expenses $31,74825 $0.00 $0.00 $0.00 $0.00 $31.74825 FC 145 Managing Contract $105,588.60 $37.860.00 $0.00 $8,209.74 $0.00 $151,658.34 Unit Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other Direct Expenses $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 FC 160 Design SuMe s $142,891 A5 $0.00 $34.794.60 $0.00 $20,201.18 $197,887.23 Unit costs $ 80,385.00 $0.00 $ 88.372.00 $0.00 $900.00 $169.657.00 Other Direct Expenses $21,695.05 $0.00 $ 33,179.00 $0.00 $31,612.00 $86,486.05 wrano ietal W. U,,,,. W .. . .,..- _ SUB PROVIDER NAME: UA12.111 ot.194ralcad(LJAES) PROJECT: SH 70 (Aeaoclatoo ATo to FM 1581, B[uoa County TASK DESCRIPTION VICE SR. PROJECT R J. COORD. II PRO . FIELD G 9 SR. FIELD 9 AOM TOTAL PRESIDENT PROJECT MANAGER IAS9T.PROJ. COORD.II TECK 11 ANALYST FIELD TECH ANALYST LABOR MRS. MANAGER MANAGER INEPA) TECH 6COSTS 5240 S200 $180.00 $17000 $160.00 slus.09 11MIsroo $8500 96520 $115.00 37&W PROJECT MANAGEMENT :ANDADM ISTRATION FC 144 .:.'.u,71n.e'"...E ;: P. .aR.a J?1.__';, 1. .s _'•.9::. _... .:,;� ., v :;:s, t - .a ... :...:. ... ......ems:, tt .-,. �v,.a: t .. .• 'I^,Y - ..✓,•': Con Vast Manago and and AdminlaVoOon 8,720 P ro4s MoeW aWM mend Calm 4VBtua. 2 ln•Penioll Pm' dMana amBNond CooNination 16 98 16 a0 72 571,140 780.00 A 0 siboice 0 1 5105.00 0 155.00 SB5.00 0 .00 0 115.00 2 75.00 it 180 HOURS -SUB-10TALS p524U TOTAL IABOft COSTS 526.080.00 $10,080.00 50.00 50A0 50.00 1 50.00 I 50.00 1 SOAO 150.00 5900.00 IS7TJ160A0 7,860.00 UB TA FC1145 R6,880AD 10,080.00 ------------ 1911alalHl:P2.]\�IiFI�:Iflia�l�T7'SI� -��----�� ©0�---- --��'Mom ------------ TECHNICAL ANALYSES& DOCUMENTATION (120A) Traffic NalaaWoftac;d, aU C4VA ,fszTf.R*•f drad.IPI t,: . ���h416yq')♦E4L 6111'411�■S[N�L41:M1lEiS:lhEpA7'�EfkRd:i�pD�l��T:N,RAI itI:R1:fQ:I:1•��'E 'f�'1')♦lfALGII'hf lShY/.1q,)��tiGK.F}1C,p)� SUB PROVIDER NAME: JRB Engineering, LLC PROJECT: SH 30 from FM 1Sato Associates Ave Support P En Ineer g Engineer (Geologist/Hy En ineer-In- 9 Engineer Technician- En ineer 9 CADD Operator• CADD Admin! TOTAL TASK DESCRIPTION Manager (Senior) drogeolaglst Training Senior Technician Senior Operator Clerical LABOR CONTRACT RATE PER HOUR $227.97 1 $259.63 $ 131AO $ 104A9 $ 142.48 $ 88.66 $ 117.15 1 $ 104A9 1 $98.15 FUNCTION CODE+ 60!(163)"=ROADWAY¢DESIG!t , 163.2 Geotechnlcal Borings and Investigations 0 Boring Location Plan, Staking, Utifity Clearance, Perils, Coordination Logging and Coordinating Drilling/Traffic Control Review and Assign Laboratory Tests Boring Log Preparation Culvert/ Storm Drain Recommendations Bridge Foundation Recommendations Pavement Borings Draft Report Preparation - OMITTED Final Report Preparation - OMITTED HOURS SUB -TOTALS 0 4 4 8 8 6 4 16 50 2 4 2 2 B 18 4 2 12 24 18 8 24 90 0 12 88 100 0 1 0 12 12 20 96 20 48 24 14 48 0 0 270 TOTAL LABOR COSTS % DISTRIBUTION OF STAFFING $0.00 0.0% $12.981.50 18.5% $2,365.20 1 $9,404.10 33.3% $0.00 0.0% $8,866.00 37.0% $0.00 0.0% $0.00 0.0% $1,177.80 4.4 % $34,794.60 100 % SUBTOTAL - FC 160 (163) 534,794.60 SUB PROVIDER NAME: WSB PROJECT: SH 30 (Associates Ave. to FM 158). Brazos County - -r -', - '. a er. uali Engineer, En Inee�,M Engineer,, .<Eri ineer•In•;,Engineerlln Engineering CARD SUPPortMan,9 Q..,.tY ,.. ,. 99 9 :..x,Technician 4 Total labors .<. rx.� .�.,>..: ,....; j.,t, ,r. •..3., a�a,.'„ _., .-,....:,a..... ...:::^' i • , ....x�„ G,�. �. < , � =" - >:•: <� ... .9. ..:... ..�..: .� ..,, .. .. c.,,.. q,..". _ moi'.,=x Pro act ,... PSBE �� = Mane er pre act „„Senior traffic Se ( i ) , ."'TTalningil` Tralnlrig 1 � O erator � l a.. r..:3'-r..... ...:.�. _ ... ..,.•: :a' ...:: ;, ,..... ..i�.k.a..•, -Dais ":� � ,.TaekCost:: p,„,a +�. _��,-.. h4.. $288,59 $262.20$237.71 $217,42 $ 773.93 $104,51 $6929 $144.94 ,. 1, ProJeet Management 6 a, Communlca on Cooroinat on 6 8 ,88.72 2,388. . Develop monthly progress reports, Invo cos, en filing 8 2 597.18 C. OAIOC plan evelopment and implemental on 2 2 $597.18 d. Prelecl Control antl Admmistrat an 2 12 2,835.12 a. Progress Coordination meeting (up to 4 meetings) 6 6 TASK HOURS SUB TOTALS 24 0 0 0 6 0 0 0 0 30 TASK TOTALS 7,166. 6 —TO—.0-0 0.00 0.00 $1,043,58 0.00 $0.00 0.00 0.00 8,209.74 2. Traffic Data & Projections 2 4 569,93 Review Historical Traffic Data (TWOT STARS II) 1 1 8 15 $2,143A7 Coordinate, Obtain, QC, & Review Existing traffic data (Field) 1 2 4 7 1.429.15 Coordinate with BCSMPO and TxDOT (including torn 2124) 1 2 4 8 15 2.083.13 Develop Straight Una Diagrams for Existing traffic volumes 1 1 1 2 2 26 3,457.85 Develop & Submit Draft Traffic Projections Methodology Memo 1 1 2 6 16 14 2,217.09 Address comments, Develop & Submll Final Traffic Projections elhodology Memo 1 1 2 4 6 51 E.696.47 Develop Traffic Projections (No Build & Bu Id) for Opening Year 1 2 a 40 41 Develop Traffic Projections (No Budd & Build) for Opening Year+20 1 2 6 32 31 .634.29 3.572.11 Develop Traffic Projections (No Build & Build) for Opening Year+30 1 2 4 24 23 $3,196.35 Reconcile traffic projections with BCSMPO TDM 1 2 8 12 8 40 54 5,903.23 Develop ADT Straight Una Diagrams for Opening, Opening+20, and Opening +30 (No Build & Build) 1 1 4 Buildw 1 2 2 6 24 35 $4,424.37 Develop Traffic Analysis for Highway Design (TAHD) table 1 1 1 2 4 9 22 1,473.23 $3,787.11 Develop & Submit Draft Traffic Projections Package to TxDOT BRY/Tx00T TPP 1 6 1 6 8 4 30 Address comments from TxDOT BRY1TxD0T TPP on Traffic Projections 2 4 8 12 6 ,324,02 1,077.23 Submit Final Traffic Projections Package to xDOT BRY/TxDOT TPP 1 1 2 2 16 1 0 26 7 0 200 0 52 383 TASK HOUR SUB -TOTALS TASK FEE TOTAL ,777. 44 3,530.80 0,00 52 13,044.75 0.00 51T,858.00 0.00 5,125.12 44,388.11 3. Traffic &Operational Analysis 6 24 60 8 99 13,207.55 SYNCHRO Analysis for up to 6 Intersections (No Build AMIPM) for existing. Opening, and Opening+20 1 4 65 $8,711.31 SYNCHRO Analysis for up to 6 intersections (Build AMIPM) for Opening, and Opening+20 1 4 6 40 25 $3,674.99 FHWA CAP-X Analysis for up to 6 Intersections (Build AMIPM) for Opening, and Opening+20 1 4 14 45 7.466.39 Develop & Submit Draft Traffic Analysis Report to TxUUT BRY 1 a 4 12 17 $2.9TT•75 Address comments, Develo & Submit Final Traffic Analysis Report to TxDOT BRY 1 4 4 12 174 22,102.78 VISSIM Model development and analysis (No Build AMIPM) for existing, Opening+20 2 8 2 P20 120 6 112 14Develop VISSIM Model developmenland analysis (Bull AMIPM) for Opening+20 2 4 .80 24Develop & SubmllVISSIM Calibration Memo to TxDOT BRY 2 2 12 48 8,199.82 & Su mlt Draft ISSIM mo el & memorandum tit TxDOT BRY 2 10 4 12 20 3,711.18 A dress comments, Develop& ubmit Final VISSIM model memorandum to TxDOT BRY 2 6 4 A K HOURS SUB -TOTALS AS FEE TOTAL 15 4, 78.85 0 $0.00 0 $0.00 56 $12.175.62 170 29,568. 0 358 37,41 . 8 0 0,00 30 $4,348.20 0 $0.00 629 87,985.25 4, Safety Analysis 4 6 12 1.767.76 Obta n & eview historical cras ate from TxDOT CRIS 3 to 5 ears 1 1 57 $6,908.19 Perform Historical Crash Analysis (3 to 5 years) 1 4 12 40 48 78 1 $10.263.38 Interchanges) or pen ng+ o Build & Buiid)2 8 20 8 12 30 $4,961.78 Develop & Submit Draft Safety Analysis Report to TxDOT BRY 2 a 28 $4,486.36 Address comments, Develop & Submit Final Safety Analysis Report to TxDOT BRY 2 6 8 12 TASK HOURS SUB TOTALS TASK FEE TOTAL a $2.388.72 0 $0.00 27 $6,418.17 0 0.00 52 $9,044.36 0 0.00 118 10,538.22 0 $0.00 0 $0.00 205 $28,387A7 63 1 27 82 303 358 318 30 52 1247 TOTAL WSB O OURS OTAL WSB LABOR COS S 18,811,17 3.5 0.80 1 5151.4111.17 12,227.52 52,700.79 37,414. 8 28,394.22 $4,348.20 $5,125.12 68,970.57 SUB PROVIDER NAME: DAS PROJECT: SH 30 from FM 158 to Associates Ave PROJECT PROJECT COORDINATOR- UDAR• CERTIFIED ANALYTICAL AERIAL MAPPING ORTHOPHOTO MAPPING ADMIN/ TOTAL LABOR TOTAL LABOR TASK DESCRIPTION ACQUISITION PROCESSING PHOTOGRAMMETRI TRIANGULATION TECHNICIAN SPECIALIST EDITOR CLERICAL HRS COSTS COORDINATOR TECH ST SPECIALIST .. .. ,. , , ,..>:, ._,. .r �,. .. rr::"v°6"' "^C'�ir.-»e r ;:, .s^..:,xV.., .: ,'qj' s4 .. • 7' k r i Nv,r o. ,. .. .m,.-.:- x. :. e:x .:. i��..? .. .p r'u.t .. ,.' .^n .� .-a'.: iy'D:•a5. .ks.. ::n. Sw 'i.,T>_b•�<S .Y''� r'"D`�J 'X9:.a1j;i .°I'.7eX.�.31..a..�r�.zA�>>•,vm ]4vd..�5.ar sJ 3xza`'Sr..�.. uPu .. ... .. � ... .. ,..;.: +� '�°x.� r- '; e+ ..... . x \. v': i i d:,W rxe`� 'Yr.S... .. «• .r. gy tf •.. "I' chi+..-«:.z ..: .:. b�:S.x ._ _ 1^;_y, � ) .o pr �]F 4 �r '�* e+'� �E 1 Yt': dxi �.�x...k '. +�+i w��:<f,:a�a HORiLON7AL�11TdVERTICY11aCONTROY.�..r .,�.�,.d� .t .�.i�t-..y. ,i:.:&a o $0.06 $ F i INPQ �hd� amdxx '�'It aa �tip Y„ ,r� i xviy' i5.t1''k^x 3sFvvxsf `M�l�,�r1"h'�ta l?i,1•• a tax ,.w,: vi• '9u' °„ , 0 $0.00 . PROVIDE LOW ALTITUDE AERIAL MAPPING 6 4 6 1 17 113 1 $0.00 $0.00 PREPARE DGN, DTM, TIN. ORTHOPHOTOGRAPHY FILES 6 B 6 18 43 18 8 6 10 $0.00 QC, STATEMENT OF MAP (PLANIMETRIC) ACCURACY 4 4 1 1 OURS SUB -TOTALS 16 4 6 16 18 43 18 9 B 140 CONTRACT RATE PER HOUR $192Ji9 $196.72 $131.13 $167.B2 $150.81 $133.27 $131.13 $140.29 $85.72 % DISTRIBUTION OF STAFFING 1 11% 1 3% 6% 11% 13% 31% 13% 6% 6% 100% f20.201.18 UBTOTAL-FC 180 (150) Contract: Project Prime Provider: Lamb -Star CSJ: 2446-01-032 Highway: SH030 Limps: Associates Ave. to FM 156 OTHER DIRECT EXPENSES - FC 110 SCHEMATIC DESIGN TYPE UNIT CITY UNIT COST TOTAL COST � � Y M y. 3� � 4y Y,hy�� �' F YES %,'A ��� ! .L."4 d }'} ��fd� Ai �• 'tr' r � �' '.�... � s'k i iibifY �' 1 N� y, U 'm, •S Y i 3 s H. ,� }•. �"� t 3 .�.� k 5 n �- $.F Lay —%1� A°+ 1 �rg•g_yA 3%� �. �{• Vq k � � 1f H' �.� R4 SSG c.,, Mileage mile 12000 $0.655 $7,860.00 Lodging/Hotel-Taxes and Fees day/person 120 $45.00 $5.400.00 Lodging/Holel (Taxes/fees not Included) day/person 120 $98.00 $11,760.00 Meals (Excluding alcohol & lips) (Overnight stay required) day/person 180 $59.00 $10.620.00 Air Travel - In State - 2+ Wks Notice (Coach) Rd Trip/person $0.00 Air Travel - In State - Short Notice (Coach) Rd Trip/person $0.00 Air Travel - Out of State - 2+ Wks Notice (Coach) Rd Trip/person $0.00 Rental Car (Includes taxes and tees; Insurance costs will not be reimbursed) day $0.00 Rental Car Fuel gallon $0.00 Taxi/Cab fare (Includes Rideshare) each/person $0.00 Bus Travel over 100 miles Rd Trip/person $0.00 Toll Charges day 6D $5.00 $300.00 SUV or ATV Rental (Includes taxes and fees; Insurance costs will not be reimbursed) day $0.00 Mobilization for Helicopter Aerial Imagery/LiDAR (Includes hellcoptef, pilot, sensor/LIDAR operator, fuel and transportation cost) per project $0.00 Mobilization for Unmanned Aerial System (travel to project) (Includes vehicle) sr ° lr iy;a rs � u a ... ., ...:?,i<,._ �Miseellani`ous .:•;;�,�,.t.4�•ss;s� ,.� per project O. N Y :'.T ENTEN. 1�:,�.>` v �- $0.00 Dashboard Mounted Video Camera System per system $0.00 Light Tower day $0.00 Steel Plate Rental per day $0.00 Air Card / Hot Spot each/month $0.00 Boat with Motor day $0.00 Backhoe Rental day $0.00 Bulldozer Rental day $0.00 Site Clearance day $0.00 Rental Equipment - Gasoline Powered Auger day $0.00 Photocopies BIW 11"X17" Photocopies BIW 81/2' X 11" 1,500 600 beach $ 0.20 $0.1060.00Photocopies $ 300.00 Color 11' X 17" Color 8 1/2"X 11° 800 600 $ 1.229Photocopies $ 0.75 $ 450.00 Total - Direct Expenses $37,726.00 Contract: Project 4 Prime Provider: Lamb -Star CSJ: 2446.01-032 Highway: SH030 Limits: Associates Ave. to FM 158 oonvinr:R McMP. r amr, cra. r r r. OTHER DIRECT EXPENSES - FC 130 UTILITIES TYPE UNIT CITY UNir COST TOTAL COST r EV Mileage mile 2950 $0.655 $1,932.25 Lodging/Hotel - Taxes and Fees day/person 108 $45.00 $4.860.00 Lodging/Hotel (Taxes/fees not included) day/person 108 $98.00 $10,584.00 Meals (Excluding alcohol & tips) (Overnight stay required) day/person 108 $59.00 $6.372.00 Air Travel - In State - 2+ Wks Notice (Coach) Rd Trip/person $0.00 Air Travel - In State - Short Notice (Coach) Rd Trip/person $0.00 Air Travel - Out of State - 2+ Wks Notice (Coach) Rd Trip/person $0.00 Rental Car (Includes taxes and fees; Insurance costs will not be reimbursed) day $0.00 Rental Car Fuel gallon $0.00 Taxi/Cab fare (Includes Rideshare) each/person $0.00 Bus Travel over 100 miles Rd Trip/person $0.00 Toll Charges day 10 $5.00 $50.00 SUV or ATV Rental (Includes taxes and fees; Insurance costs will not be reimbursed) day $0.00 •., .� �". , , `Traffic Control t� Portable Message Board day $0.00 Flashing Arrow Board day $0.00 Law EnforcementlUniform Officer (including vehicle) hour $0.00 Attenuator trucks - (Lane/Shoulder Closure) (Includes labor, equipment and fuel) day $0.00 Attenuator trucks - (No Lane Closure) (Includes labor, equipment and fuel) day $0.00 Traffic Control Services, Arrow Boards and Attenuator trucks - (Includes labor, equipment and fuel) day 3 $2,650.00 $7,950.00 JSx''.1..,b1„,a. Backfill (oft site purchase) CY $200.00 $0.00 Dashboard Mounted Video Camera System per system $0.00 Light Tower • day $0.00 Steel Plate Rental per day $0.00 Air Card / Hot Spot each/month $0.00 Boat with Motor day $0.00 Backhoe Rental day $0.00 Bulldozer Rental day $0.00 Site Clearance day $0.00 Rental Equipment - Gasoline Powered Auger day $0.00 Total - Direct Expenses $31,748.25 Contract: Project 4 Prime Provider: Lamb -Star CSJ: 2446-01-032 Highway: SH030 Limits: Associates Ave. to FM 158 impnvinimp mamF• f amhRtar t 1 C OTHER DIRECT EXPENSES - FC 130 SURVEY TYPE UNIT CITY UNIT COST TOTAL COST � x 4� T � 4i 3 r e add r'.�.rckr>*'r��a.,�h t1y' �. 3a „`'=�q Mileage mile 2510 $0.655 $1,644.05 Lod in /Hotel - Taxes and Fees day/person 88 $45.00 $3 960.00 LodginglHotel (raxes/fees not included) day/person 88 $98.00 $8,624.00 Meals (Excluding alcohol &tips) (Overnight stay required) day/person 88 $59.00 $5,192.00 Air Travel - In State - 2+ Wks Notice Coach Rd Trip/person $0.00 Air Travel - In State - Short Notice Coach Rd Trl / erson $0.00 Air Travel - Out of State - 2+ Wks Notice Coach Rd Tri / erson $0.00 Rental Car Includes taxes and fees; Insurance costs will not be reimbursed day $0.00 Rental Car Fuel gallon $0.00 Taxi/Ceb fare Includes Rideshare each/person $0.00 Bus Travel over 100 miles Rd Trip/person 1 $0.00 Toll Charges day $5.00 $0.00 SUV or ATV Rental Includes taxes and fees; Insurance costs will not be reimbursed day $0.00 CDs each $2.00 $0.00 External Hard Drive each 1 $150.00 $150.00 Standard Postage letter $0.65 $0.00 Overnight Mail - letter size each $0.00 Overnight Mail - oversized box each S0.00 Materials and Shipping er package $0.00 Courier Services each $0.00 4" X 6" Digital Color Print picture $0.00 Brochure Printingeach K2D $0.00 .... .. .. .. � :i ... ;....i• :.,P.lannln fEnVironmental':x.;; _: �;u..f�n;•r ,.• ..�rx �:.77� o..:. �+.,•,a �$100.00 Ma /Plat Records sheet $5.00 Suirveying 14ROW S „ Terrestrial laser Scanner (rates applied to actual time scanner unit Is in use) (scanner owned by provider) hour 1 $125.00 $125.00 Type II ROW/Control Monument - Poured 2-3 Feet (includes equipment, materials, & rentals). Marker supplied by TxDOT each 4 $300.00 $1,200.00 Terrestrial Photogrammetry Camera hour $125.00 $0.00 Ground Target includes point and panel material each 20 $30.00 $600.00 Certified Deed Copies sheet $0.00 Deed Copies sheet 50 $2.00 $100.00 Mobilization for Unmanned Aerial System travel to project) includes vehicleper project $7.500.00 $0.00 Total - Direct Expenses i i$21,695.05 SUB PROVIDER NAME: LJA Environmental Services (LJAES) PROJECT: SH 30 (Associates Ave to FIVI 158), Brazos County TYPE TOTAL 9 OF UNITS UNIT COSTIUNIT TOTALS Mileage 12,000 mile $ 0.63 $ 7,500.00 Parking day $ 20.00 $ - Toll Charges each $ 7.00 $ - Standard Postage 450 letter $ 0.60 $ 270.00 POSTCARDS 3,000 each $ 2.00 $ 6.000.00 Certified Letter Return Receipt each $ 6.80 $ - Public Notice Advertisement- Regional each $ 4,000.00 $ - Public Notice Advertisement - Local 3 each $ 800.00 $ 2,400.00 Public Notice Advertisement - Spanish 3 each $ 800.00 $ 2.400.00 Exhibit Boards 16 each $ 30.00 $ 480.00 Security 4 each $ 200.00 $ 800.00 Photocopies BM (11" X 17") 200 each $ 0.20 $ 40.00 Photocopies BM (8 1/2' X 11") 800 each $ 0.10 $ 80.00 Photocopies Color (11" X 17') 200 each $ 1.22 $ 244.00 Photocopies Color (8 112" X 11") 1,100 each $ 0.75 $ 825.00 Report Printing 40 each $ 50.00 $ 2,000.00 Report Binding and tabbing each $ 5.00 $ - — Tx Parks & Wildlife Data Request Fees each 3 50.00 $ - Hazardous Materials Database Search 2 00 . $ 1.000.00 LodginglHotell - Taxes and Fees 8 46.00 $ 1,260.00 Lod ging(Hotel (Taxestfees not included) 28 daylperson $ 98.00 $ 2,744.00 SUBTOTAL OTHER DIRECT EXPENSES FC 120 1 $ 34,853.00 SUB PROVIDER NAME: JRB Engineering, LLC PROJECT: SH 30 from FM 158 to Associates Ave OTHER,DIRECT EXPENSES'•;> TYPE TOTAL # OF UNITS UNIT COST/UNIT TOTALS k Mileage 200 mile $0.655 $ 131.00 Lodging/Hotel -Taxes and Fees 24 day/person $45.00 $ 1.080.00 Lodging/Hotel (Taxes/fees not included) 24 day/person $98.00 $ 2,352.00 Meals (Excluding alcohol $ tips) (Overnight stay required) 24 day/person $59.00 $ 1,416.00 AirTravel - In State - 2+ Wks Notice (Coach) 0 Rd Trip/person $530.00 $ Air Travel - In State - Short Notice (Coach) 0 Rd Triplperson $950.00 $ Air Travel - Out of State - 2+ Wks Notice (Coach) 0 Rd Trip/person $1,000.00 $ Air Travel - Out of State - Short Notice (Coach) 0 Rd Trip/person $1.500.00 $ Oversize, special handling or extra baggage airline fees 0 each $100.00 $ Parking 0 day $30.00 $ - Bus Travel over 100 miles 0 Rd Trip/person $350.00 $ Toll Charges 0 day $50.00 $ SUV or ATV Rental (Includes taxes and fees; Insurance costs will not be reimbursed 0 day $185.00 $ a"L�: J 1::is`°'T`` ;ati�...;;'�� "Tiaffi6.GOntrol, yi £•,->'t�. >'wz/tT-:'�r;rya-.L `w'.Y�b„�.. t �'�,ti aw: M ems.-.:w3s 777 ,.r ,. +rz1"7.a'. Portable Message Board 0 day $500.00 $ - Flashing Arrow Board 0 day $600.00 $ Law Enforcement/Uniform Officer (including vehicle) 0 hour $150.00 $ - Attenuator trucks - (Lane/Shoulder Closure) (Includes labor, equipment and fuel 4 day $1,600.00 $ 6,400.00 Altenuator trucks - (No Lane Closure) (Includes labor, equipment and fuel) 0 day $1,000.00 $ Traffic Control Services, Arrow Boards and Altenuator trucks - (Includes labor,'e ul ment and fuel 4 day $5,150.00 $ 20,600.00 SUBTOTAL OTHER DIRECT EXPENSES FC 160 (163) $ 33,179.00 SUB PROVIDER NAME: WSB PROJECT: SH 30 from FM 158 to Associates Ave OTHER DIRECT EXP.ENSE%,, f , ?.. , v r , , ,.144r TYPE TOTAL # OF UNITS UNIT COSTIUNIT TOTALS Mileage 500 miles 0.6555 $327.75 Traffic Data Collection (24-hour Tuming Movement Counts at up to 6 Intersections) BY OTHERS 6 Intersections 1700 $10.200.00 SUBTOTAL OTHER DIRECT EXPENSES FC 1XX (1XX) $10,527,75 SUB PROVIDER NAME: DAS PROJECT: SH 30 from FM 158 to Associates Ave FC 16.0; 150 ;0.. R. tD RECTEXPE SES•° » W , , ;t ?tea d:§J h,a y: i, kT NIT• _ , x ,z'RA'T.E z !-gwA wr;T i iT..QTAL' .;�,T.1 Lad ingrHotel-Taxes and Fees da !person $45.00 $0.00 LodginglHolel (Tmeslfees not included) day/person $98.00 $0.00 Meals (Excludes alcohol and Ups) (Overnight stay required day/ rson $54.00 $0.00 Mileage Mlle $0.655 $0.00 SUV ar ATV Rental (Inctudos taxes and fees; Insurance costs will not be reimbursed) day $185.00 $0.00 Toll Charges day $50.00 $0.00 Standard Postage letter $0.66 $O.0D BrresMe sec Canner re es apD o e u me scanner unl n use scanner owned by provider) hour $125.00 $0.00 Ground Target (Includes paint, panel material, etc.) each $30.00 $0.00 Mobilisation for Aerial PhotogrephylLiDAR Fixed Wing Aircraft (includes aircraft, pgol. cameralLl per project $26,000.00 1 $25,000.00 Mob01zallon for Helicopter Mrbome LIDAR (Includes helicopter, pilot. UDAR operator. fuel, and 1 per project $25,000.00 $0.00 Helicopter Evul ment LIDAR - Project Flight Mlles On project Dghl miles per mile $65.00 7 $455.00 Fixed Wing Airborne LIDAR -Project Flight Miles (On projec0uansil flight miles) per mile $65.00 33 $2,145.00 Airborne GPSIIMU Data coilectlonrProcessing per project $2,500.00 1 $2.500.00 Photo Lab Service - Black and While Processing (film, development, scanning) perframe $20.00 $O.OD Photo Lab Service -Color Infrared Processing (film, development scanning) per frame R28 $0.00 Photo Lab Service -Color Processing (film, development, scanning) perframe $30.00 $0.00 Photo Lab Service- Digital Image Processing perframe $28.00 64 $1.512AD SUBTOTAL - FC 160 (150) OTHER DIRECT EXPENSES 1 $31,612.00 Contract: Project 4 Prime Provider: LambStar CS1 244601.032 Highway: SHD30 Limits: Associates Ave, to FM 159 PROVIDERNAME: LambStar LLC ' s Utility"Engineering BCoordination Services ''-'`<•'.-^ Services To Be Provided Unit Quantity Rate Total Cost; Notes SUE MobllizationlDemobilizatlon This cost is Intended to be an expense compensation per request for mobil'izingldamobllizing personnel and equipment portal to portal. Vacuum excavation truck, equipment, travel time for 2-man crew, fuel. Mileage log to be provided. Mlle 350 5 6.00 S 2,100.00 SUE Quail';.LaVeiD .. rv<5 �.�:. ;Si .a.'-.. c.. sa: '... sax .:. :': ,` - ..,r., �,: ..�.5•i' .. "ri,,-. includes labor and equipment for records research and CADD (Including overhead utilities) For overhead utilities measurement for payment will be LF per utility owner LF 5000 5 0.75 5 3,750.00 SUE (QualityLsVell)' Includes labor and equipment for records research, CARD, and surveying (including overhead utilities) per utility owner. For overhead utilities measurement for payment will be LF per utility owner (Apurtenance must be surveyed) LF ' 65550 5 0.90 S 58,995.00 SUE 10dalitieLavel B =Uh1i .. Designation) Includes labor and equipment for records research, designating, engineering, CARD, mapping and limited traffic control Includes labor and a ul ment for surveying and limited traffic control ' Level B otal LF 699DO S 1.90 S 1326810.00 SUE QuaHWLovelA-Utlli at Test Holes; i _ ;.;t:.. x�'.4-'• Level A, 0 to 5 ft Includes labor and equipment for engineering. CADD) Includes labor and equipment for surveying and limited traffic control (Includes labor and equipment for vacuum excavation and limited traffic control) Level A: 0 to 5 ft Total each 2 $ 1.300.00 S 2,600.00 Level A. > 5 to 8 it (Includes labor and equipment for engineering, CADD) Includes labor and equipment for surveying and limited tra0lc control (Includes labor and equipment for vacuum excavation and limited traffic control) Level A: > 5 to 8 ft(Total) each 5 5 1.650.00 S .8,250.00 Level A: > 8 to 13 it (Includes labor and equipment for engineering CADD) Includes labor and equipment for surveying and limited traffic control (Includes labor and equipment for vacuum excavation and limited traffic control) Level A. > 8 to 13 ft(Total) each 3 $ 2.150.00 S 6A50.00 Level A. > 13 to 20 ft (Includes labor and equipment for engineering, CADD) Includes labor and equipment for surveying and limited traffic control (Includes labor and equipment for vacuum excavation and limited traffic control) . Level A. > 13 to 20 ft(Total) each 5 2,500.00 5 Level N. > 20 it (Includes labor and equipment for engineering, CADD) Includes labor and equipment for surveying and limited traffic control Includes labor and equipment for vacuum excavation and limited traffic control Level A: > 20 ft(Total) FT IS 250.00 S Note: When the above unit prices are not utilized. the following appropriate rates will apply Subsurface Utflitv En ineerih SUE Field Service One 1 Designating Person with equipment hour 5 160.00 $ Two (2) Designating Person with equipment hour �45 5 220.00 5 10101a Two (2) Person Vacuum Excavation with equf ment hourCorin end re alrin the avement Includes labor, a ul ment, and materials each 3 5 425.00 5 1,. Prime Provider: Lamb -Star CSJ: 2446-01.032 Highway: SH030 Limits: Associates Ave. to FM 158 PROVIDER NAME: LambStar LLC Survey Unit Costs w: . Services to be Provided Unit Tuantity Rate Total Cost 1 - Person Survey Crew 1-GPS or Robotic Total Station Included -Mileage not Included. Hour 1 $ 140.00 $ 140.00 Creinr chief....;_ .:: ;:. :: •..,:.:.,. ; :..:. _. :: _ :' ;..:'_ .' _ vehicle. :, . . . , GPS, of Robotic Total Station 2 - Person Survey Crew 1-GPS or Robotic Total Station included. Mileage not Included. Hour 400 $ 200.00 $ 80,000,00 :• ' Crew. iei +.Instrumentman : = ...,..' Vehicle GPS or Robotic Total Station 3 - Person Survey Crew 1-GPS or Robotic Total Station included. Mileage not included. Hour 1 $ 245.00 $ 245.00 Crew:chief + Instrumerit man +Rodman Vehicle..-. GPS or Robotic Total -Station Fixed mg Flight C-re-W-Fncludes Pilot and Sensor Operator) Hour $ 230.00 $ - Unmanned Aerial System (Includes the UAS, Vehicle, Pilot and Observer) Day $ 3,000.00 $ - Vehicle mileage not included, FAA licensed pilot Does not include.mobilization to site. This is in the ODES. mileage on project and fuel) (Does not include mobilization to project.) Day $ 9,000.00 $ - Personnel ;Vehicle .:; -Z.::::_ " :.::,. - : Sensor Unit Does not include mobilization to site. This is in the ODES. - � ou,�oo.uu The unit costs shown include labor, overhead, and profit. Payment based on units completed. No partial payments. All unit costs are negotiated costs and are not subject to change or adjustment. SUB PROVIDER NAME: JRB Engineering, LLC PROJECT: SH 30 from FM 158 to Associates Ave UNIT COST TEST CODES UNIT QTY UNIT COST TOTAL COST FUNCTION,CODE'166`(763p- RdAbwAY DESIGN' Volumetric Shrinkage ASTM D427 each 0 $ 80.00 $ - Laboratory Compaction Characteristics of Sail Using Standard Effort ASTM D698 each 2 $ 265.00 $ 530.00 tail-, ^tr,7 777 7T,%x. California Bearing Ratio (CBR) of Laboratory -Compacted Soils (Single Sample without MD Curve) ASTM D1B83 test 6 $ 290.00 $ 1.740.00 Unconfined Compressive Strength (Soil) ASTM D2166 each 76 $ 68.00 $ 5,168.00 Permeability of Granular Soils (Constant Head) ASTM D2434 each 0 $ 425mCD $ - One -Dimensional Consolidation Properties of Soils Using Incremental Loading ASTM D2435 each 0 $ 575.00 7 $ Field Vane Shear Test ASTM D2573 each 0 $ 60.00 $ - Unconfined Compressive Strength (Rack) ASTM D2938 each 8 $ 78.00 $ 624.00 Standard Test Method for Dispersive Characteristics of Clay Soil by Double Hydrometer ASTM D4221 each 12 175.00 $ 2,100.00 Soil Boring/Rock Coring with TCP < 60 Tex-132-E. LF 770 45.00 $ 35,420.00 Soil Boring/Rock Coring with TCP > 60 ft.) Tex-132-E LF 40 $ 50m00 $ 2,000.00 Sail Organic Content Using UV-VIs Method Tex-148-E each 0 $ 225.00 $ - Borehole Grouting - Bentonite Chips N/A LF 810 $ 12.00 $ 9,720.00 Concrete/AC Patch N/A per patch 22 $ 35.00 $ 770.00 Core Drill Asphalt NIA each 22 $ 140.00 $ 3,080.00 Core Drill Concrete N/A each 0 $ 186.00 $ - q flexible and`[i''v6 Oldlea ment(2 Wienc (a) 4-in. diameter cores_ N/A Inch 0 $ 15.00 $ (b) 6-In. diameter cores N/A Inch 0 $ 20.00 $ flexible anil_N Id adamant man crow, Core Repair/Patch Asphalt Cold Mix WA each 22 $ 40.00 $ 880m00 PWZ0106fiwcomo F!� T� -77 TT' 7 977� Determining Moisture Content In Soil Materials Tex-103-E each 234 $ 16.00 $ 3.744.00 Determining Liquid Limits of Soils Tex-104-E each 78 $ 35.00 $ 2.730.00 Determining Plastic Soil Limits Tex-1 05-E each 78 $ 35.00 $ 2,730.00 Calculating the Plasticity Index of Soils Tax-1 06-E each 78 $ 10.00 $ 780.00 Determining the Bar Linear Shrinkage of Soils Tex-107-E each 0 $ 45.00 $ - Determining the Specific Gravity of Soils Tex-108-E each 0 $ 60.00 $ - Particle Size Analysis of Soils Tex-1 1 O-E each 12 $ 200.00 $ 2,400.00 Determining the Amount of Material In Soils Finer than the 75 micrometer (No. 200) Sieve Tex-111-E each 78 $ 72.00 $ 5,616.00 Admixing Lime to Reduce Plasticity Index of Soils Tex-1 12-E each 0 $ 290.00 $ - Triaxial Compression for Disturbed Solis and Base Materials Tex-1 17-E each 2 $ 1,760.00 $ 3.500.00 Potential Vertical Rise of Natural Subgradle Solis Tex-124-E. each 22 $ 80.00 $ 1,760.00 Determining Sulfate Content in Soils - Calorimetric Method Tex-145-E each 22 $ 140.00 $ 3.080.00 Conductivity Test for Field Detection of Sulfates In Soil Tax-146-E each 0 $ 115.00 $ - Determining Chloride and Sulfate Contents In Soils Tex-620-J each 0 1 $ 175.001$ SUBTOTAL - FC 150 (163) $ 88,372.00 1 Total Cost including the 2 Completion Time 3 Past performance on similar proj 4 Overall experience of Project Ma 5 Resource availability RFP # CIP 23-608 I&GN ROAD RECONSTRUCTION Max Points Available and addenda Points for Cost 40 Points for Time 15 of size and scope 10 !r & Superintendent 20 15 Technical Proposal Total 100 Larry Young Paving, Inc. Brazos Paving Inc. Norman Construction Services, I.I.C. Texas Materials Knife River Texcon General Contractors $5,904,443.25 $5,319,263.25 $5,442,450.00 $5,800,894.00 $6,008,387.00 $5,803,155.21 36 40 39 37 35 37 220 440 320 300 200 239 14 7 9 10 15 13 9 6 8 8 8 7 18 16 18 18 17 16 14 13 12 14 14 13 90 83 86 86 89 85 Committee Recommended Award: Larry Young Paving, Inc. � Appro by Corn issioner's urt on this ° day of ®G'rO ��� . 2023 by holding the position of ou NT y J-" r-'C- AGREEMENT FOR I&GN ROAD, RECONSTRUCTION RFP # CIP 23-608 BRAZOS COUNTY, TEXAS Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 1 TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 2 AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the I&GN ROAD RECONSTRUCTION, Brazos County, Texas, in the amount of FIVE MILLION, NINE HUNDRED AND FOUR THOUSAND, FOUR HUNDRED AND FORTY THREE DOLLARS AND TWENTY FIVE CENTS ($5,904,443.25) is entered into this day of October 2023 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and LARRY YOUNG PAVING INC., (hereinafter referred to as "Contractor"). The I&GN ROAD RECONSTRUCTION is hereinafter referred to as the "Project." The Engineer for the Project is the firm of GLS and is hereinafter referred to as "Engineer." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ("Contract Documents") consist of the Agreement between Owner and Contractor (hereinafter the "Agreement"), Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP # CIP 23-608 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, 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. Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 3 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 I&GN ROAD RECONSTRUCTION in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: This project consists of the rehabilitation of a portion of I&GN Road. 1.1.5 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 4 .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. .18 Agreement/Contract: Agreement/Contract means the same and are used interchangeably throughout this document. This AgreementlContract is the signed agreement between Owner and Contractor for the performance of Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 5 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. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." 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 Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 6 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) specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Engineers. Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 7 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.6 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and/or Engineer's consultants are Instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub —subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer or the Engineer's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub —subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, Sub —subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the- Drawings, Specifications and other documents prepared by the Engineer and/or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. 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 Page 8 Agreement for Construction —I&GN Road Reconstruction RFP CIP 23-608 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 ail 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— I&GN Road Reconstruction RFP CIP 23-608 Page 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 — I&GN Road Reconstruction RFP CIP 23-608 Page 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 — I&GN Road Reconstruction RFP CIP 23-608 Page 11 ART_ 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 — I&GN Road Reconstruction RFP CIP 23-608 Page 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 Layout/grades will be per plans. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 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 furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Engineer and properly accepted and authorized by Engineer, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected. in accordance with the requirements of Article 12 of this Agreement and .amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Engineer whether or not such submittal has been reviewed or stamped by Engineer. Notice must be specific and transmitted in letter form. If required by Owner or Engineer, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Engineer, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 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. 3.6.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted. under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 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 — I&GN Road Reconstruction RFP CIP 23-608 Page 16 .2 Contractor's costs fo,r 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 $200,000.00 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 — MGN Road Reconstruction RFP CW 23-608 Page 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 — I&GN Road Reconstruction RFP CIP 23-608 Page 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 carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. if professional design services or.certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Engineer. Agreement for Construction — I&GN Road Reconstruction RFP CEP 23-608 Page 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 — I&GN Road Reconstruction RFP CIP 23-608 Page 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 "INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY (OTHER THAN THE WORK -ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR, (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB -CONTRACTORS, SUB -SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 21 OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED 1N 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 — I&GN Road Reconstruction RFP CIP 23-608 Page 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 220: Contractor attains Substantial Completion Day 250: 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 — I&GN Road Reconstruction RFP CIP 23-608 Page 23 modified by written instrument in accordance. with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems necessary: (1) to'become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed'in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on -site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 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. 4.2.10If the Owner and Engineer agree, Engineer will provide one or more project representatives to assist in carrying out the Engineer's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Engineer will interpret and decide matters concerning performance under, and requirements -of, the Contract Documents on written request of either the Owner or Contractor. The Engineer's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 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 CPM format, both critical and non -critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Engineer. Claims, including those alleging an error or omission by the Engineer, shall be referred initially to the Engineer for action as provided in Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Engineer and the other party. An additional Claim made after the initial Claim has been implemented by Change Order Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 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 the case of a continuing delay, only one Claim is necessary. Agreement for Construction — MGN Road Reconstruction RFP CIP 23-608 Page 27 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local, official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 28 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and or any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or to fumish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Engineer will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven (7) days. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Engineer may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. Agreement for Construction — I ON Road Reconstruction RFP CIP 23-608 Page 29 ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub —subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub — subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub —subcontractor or an authorized representative of the Sub — subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor Agreement for Constriction — I&GN Road Reconstruction RFP CIP 23-608 Page 30 1 for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Engineer. Each subcontractor agreement shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub —subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub —subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub -subcontractor, or other levels of contractors and subcontractors, and Owner or Engineer, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. Agreement for Construction — I ON Road Reconstruction RFP CIP 23-608 Page 31 ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. .If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner —Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in. Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 32 or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cuffing and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will. be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Engineer; a Construction Change Directive requires agreement by the Owner and Engineer and may or may not be agreed to by the Contractor and an order for a minor change in the Work may be issued by the Engineer alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Engineer and signed by the Owner, Contractor and Engineer, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 33 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 bythe Owner and Engineer directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.6 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 34 .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 two hundred and twenty (220) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon the final approval Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 35 of the Agreement, receipt of performance and pavment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 The date of Substantial completion is the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing -the Work to permit the timely tiling of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall. complete and coordinate Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 36 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. 1. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction Agreement for Construction — I&GN Road Reconstruction RFP CEP 23-608 Page 37 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 FIVE MILLION, NINE HUNDRED AND FOUR THOUSAND, FOUR HUNDRED AND FORTY THREE DOLLARS AND TWENTY FIVE CENTS ($5,904,443.25) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Engineer a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Engineer will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each progress payment, the Contractor shall submit to the Engineer an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Engineer may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Agreement for Construction— I ON Road Reconstruction RFP CIP 23-608 Page 38 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on —site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the. Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 39 subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub -contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub -contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub —subcontractors in similar manner. 9.6.3 The Engineer will, on request, furnish to a Sub -contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to Agreement for Construction— I&GN Road Reconstruction RPP CIP 23-608 Page 40 contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut —down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor 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. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 41 of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 42 for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on -site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. Agreement for Construction — I ON Road Reconstruction RPP CIP 23-608 Page 43 9.10AThe making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents, or .4 non -conforming, faulty or defective Work appearing at or after final payment. 9.10.6 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and Engineer and their consultants and employees; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub —subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, Agreement for Construction — I ON Road Reconstruction RFP CIP 23-608 Page 44 demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Engineer, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 ' Use or storage of explosives is prohibited. 10.2.6 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property'insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub —subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 45 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 ' The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Engineer for Project site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi -employer citation provision. 10.2.13 The Contractor shall notify Owner's and Engineer's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Engineer's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, in writing, with a copy to the Engineer. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 46 reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4 The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.6 The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner and Engineer prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 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 Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 47 property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .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 Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 48 extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $ 500,000 each accident $ 500,000 disease, policy limit $ 500,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $1,000,000 each occurrence (b) Property Damage: $ 1,000,000 each occurrence $ 2,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 49 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: $ 600,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-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 — I&GN Road Reconstruction RFP CIP 23-608 Page 50 $ 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 — I&GN Road Reconstruction RFP CIP 23-608 Page 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 attorney -in -fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7Contractor 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 — I&GN Road Reconstruction RFP CIP 23-608 Page 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. Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 53 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. if the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County, Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and -payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 54 payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector (if any). Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 55 13.5.6 If the Engineer, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion; color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and ,applicants for employment, notices setting forth policies of nondiscrimination. Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 56 .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub — subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Engineer has not issued a- Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead', profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 57 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This .obligation for payment shall survive termination. of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order'the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience Agreement for Construction — I&GN Road Reconstruction RFP CEP 23-608 Page 58 and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders: 14.4.3 In case of such termination for the Owners 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. Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 59 ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Court's approval of the Agreement as set forth in the minutes of the Court's QC.T�`+ BEf- aL- , 2023, meeting. This Agreement is entered into in as of the day and year first written above and is executed in at feast 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 COUY,TEXASA Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: LARRY YOUNG LARRY YOUNG PAVING, INC. Date: W- a-4 - a 3 Date: Agreement for Construction— MGN Road Reconstruction RFP C1P 23-608 Page 60 ATTACHMENT "A" I&GN ROAD RECONSTRUCTION REQUEST FOR PROPOSAL CIP 23-608 Agreement for Construction — I&GN Road Reconstruction RFP CIP 23-608 Page 61 REQUEST FOR PROPOSALS RFP NO. CIP 23-608 I&GN Road Reconstruction SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, September 19, 2023, 2:00pm CST TO THE: BRAZOSCOUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the RFP. Any such contact will be grounds for rejection of the vendor's proposal. In compliance with this solicitation, the undersigned proposer having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following RFP for furnishing the material and/or services listed on the attached bid form and agrees to deliver said items at the locations and for the prices set forth on the bid form. Company Name: By (Print): tA M 1 S G k, � In q- l Wl Title: �Z 0 Physical Address: �a ( vx U I �V Mailing Address: Telephone:0�16� 6/,a�Fax: �-A�1 SC)S iq E-Mail: m. « 1 �7� �y y �� Qom T. 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 Proposal 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. Address: Proposer's Narr Position/Title: Proposer's Sign Date: I • a°l , 2-:b 11-1QLf �- Subscribed and sworn to me on this day of in the year 2-0 Z 3 Nobly Public My Commission expires JAMIE E. EANES i.!:Notary Public, State of Texas }Q Comm. Expires 10-31-2027 �111 132233279 U. 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 Date Date 18 1 Page V. CERTIFICATION OF PROPOSAL The undersigned affirms that they are du , thorized to execute this contract, that this bid has not been prepared in collusion wit ny othe Contractor, and that the contents of this bid have not been communicated to any er Cont ctor prior to the official opening. Signed By: Typed Name: M a,' V Company Name: itle: U 0 Mailing Address: f b 6D)c P.O. Box or Street City State Zip Employer Identification Number: 3 2-313 •i / CORPORATE SEAL IF SUBMITTED BY A CORPORATION •� END OF RFP NO. CIP 23-608 By signing below, Brazos County agrees that this RFP CIP 23-608 will be awar—dq —tp ex vendor whose name appears above and both parties agree to the terms and cofx itioi contained herein. By: Brazos County Commissioner's Court Date: 0&T013 aq Attest: Brazos County Clerk a C) a.3 /, - 19 Page BID FORM Addendum #1 - REVISED I&GN Road Rehabiliation Brazos County, Texas GE Job #: 17-0790, GLS Job #: 619027 General Items Item # Item Quantity Units Unit Cost Total 100 Mobilization, Bonds, and Insurance 1 LS S 300,000.00 $ 300,000.00 101 Traffic Control 1 LS $ 75,000.00 $ 75,000.00 102 Erosion Control 1 LS $ 56,000.00 $ 56,000.00 103 Temporary Mailboxes 37 EA $ 85.00 $ 3,145.00 104 Permanent Single Mailbox 20 EA $ 580.00 $ 11,600.00 105 Permanent Double Mailbox 2 EA $ 680.00 $ 1,360.00 106 Permanent Multiple Mailbox 3 EA $ 1,300.00 $ 3,900.00 107 Permanent T-Post 5 Strand Fence 2611 LF $ 11.00 $ 28,721.00 108 Roadway Signage 13 EA $ 1,100.00 $ 14,300.00 109 36"x36" Stop Sign 7 EA $ 1,400.00 $ 9,800.00 110 IStop Bar Striping 7 EA $ 180.00 $ 1,260.00 Ill I Temporary Fencing —680 F) 1 1 LS $ 7,200.00 $ 7,200.00 Sub Total - General Items $ 512,286.00 Demolition Item # Item Quantity Units I Unit Cost I Total 200 Remove Existing Culverts 1061 LF $ 21.00 $ 22,281.00 201 Remove Existing Concrete Headwalls 50 LF $ 94.00 $ 4,700.00 202 Clearinq &Grubbin 1 LS $ 51,000.00 $ 51,000.00 Sub Total - Demolition $ 77,981.00 Storm J Drairiage Item # Item Quantity Units Unit Cost Total 300 Trench Safety 1,652 LF $ 0.50 $ 826.00 301 15' 4:1 Safety End Treatments, Complete in place 24 EA $ 1,100.00 $ 26,400.00 302 18" 4:1 Safety End Treatments, Complete in place 26 EA $ 1,100.00 $ 28,600.00 303 21"4:1 Safety End Treatments, Complete in place 2 EA $ 1,700.00 $ 3,400.00 304 24" 4:1 Safety End Treatments, Complete in place 10 EA $ 1,700.00 $ 17,000.00 305 30" 4:1 Safety End Treatments, Complete in place 2 EA $ 2,700.00 $ 5,400.00 306 15" RCP Class III Pie 560 LF $ 100.00 $ 56,000.00 307 18" RCP Class III Pie 520 LF $ 100.00 $ 52,000.00 308 21" RCP Class III Pie 48 LF $ 130.00 $ 6,240.00 309 24" RCP Class III Pie 264 LF $ 130.00 $ 34,320.00 310 30" RCP Class III Pie 48 LF $ 160,00 $ 7,680.00 311 Culvert Markers, Complete in Place 10 EA $ 160.00 $ 1,600.00 312 2 - 60" RCP Class IV Pipe STA 13+29.64 55 LF $ 1,400.00 $ 77,000.00 313 3 -'In" RCP Class IV Pie STA 46+96.50 51 LF $ 560.00 $ 28,560.00 314 3 - 60" RCP Class IV Pie STA 38+62.44 53 LF $ 2,100.00 $ 111,300.00 315 3 - 60" RCP Class IV Pie STA 10+10.61 53 LF $ 2,100.00 $ 111,300.00 316 Concrete Headwalls w/ Flared Wings for 3 - 60" RCP Culverts at 15° Skew @ 2:1 Slope (STA 10+10.61) Per TxDot Detail (CH-FW-15) w/ Structural Backfill and Concrete A ron w/ Concrete Energy Dissi ators 1 EA $ 39,000.00 $ 39,000.00 317 Concrete Headwalls w/ Parallel Wings for 3 - 60" RCP Culverts at 15' Skew @ 2:1 Slope (STA 10+10.61) per Headwall Detail C1004 w/ Structural Backfill 1 EA $ 45,000.00 $ 45,000.00 318 Concrete Headwalls w/ Flared Wings for 2 - 60" RCP Culverts at 15' Skew @ 2:1 Slope (STA 13+29.64) Per TxDOT Detail (CH-FW-30) w/ Structural Backfill and Concrete Apron w/ Concrete Energy Dissi ators 1 EA $ 26,000.00 $ 26,000.00 319 Concrete Headwalls w/ Parallel Wings for 2 - 60" RCP Culverts at 15' Skew @ 2:1 Slope (STA 13+29.64) per Headwall Detail C1004 w/ Structural Backfill 1 EA $ 104,000.00 $ 104,000.00 1320 Concrete Headwalls w/ Parallel Wings for 3 - 60" RCP Culverts at 0° Skew @ 2:1 Slope (STA 38+62.44) TXDOT Detail (CH-PW-0) w/ Structural Backfill 1 EA $ 34,000.00 $ 34,000.00 Addendum #1 BID FORM Addendum #1 - REVISED I&GN Road Rehabiliation Brazos County, Texas 436 Short Side Single Water Service 1.5" Poly Pipe >15 LF to include 3/4" Angle Stop, Relocation and Reconnection of Existing Water Meter, Additional Poly service line on private side to connect to exting water service as needed 7 EA $ 1,500.00 $ 10,500.00 437 Relocate and Reconnect Existing Single Water Service to include 3/4" Angle Stop, Relocation and Reconnection of Existing Water Meter, Additional Poly service line on private side to connect to exting water service 4 EA $ 660.00 $ 2,640.00 438 Connect to Existing 1.5" Waterine 2 EA $ 1,300.00 $ 2,600.00 439 Connect to Existing 2.5" Waterline 2 EA $ 1,600.00 $ 3,200.00 440 Connect to Existing 3" Waterine 2 EA $ 1,900.00 $ 3,800.00 441 Connect to Existing 4" Waterline 5 EA $ 2,100.00 $ 10,500.00 442 Connect to Existing 8" Waterline 3 EA $ 2,400.00 $ 7,200.00 443 Connect to Existing 12 ater ine 5 EA $ 2,700.00 $ 13,500.00 Sub Total - Water Line $ 1,351,510.50 ""Pavement and Earthwork, Item # Item Quantity Units Unit Cost Total 500 Mill Existing Roadway Asphalt, Base and Subgrade to be Cement Stabilized at 8" depths and used as Sub- Base and to Shoulder Up (excess to be removed Off - site 19580 SY $ 3.75 $ 73,425.00 501 Demolition of Existing Driveways and Base Material Pulverize and Mix 1473 SY $ 3.75 $ 5,523.75 502 Earthwork - Cut to Fill, Design Grades (In Place) (see Note 1) 7211 CY $ 16.00 $ 115,376.00 503 Earthwork - Cut to Haul to Design Grades (see Note 1 2000 CY $ 14.00 $ 28,000.00 504 General Fill to Design Grades In Place 50 CY $ 150.00 $ 7.500.00 505 Earthwork - Remove and Replace Unsuitable Soils and Material with Select Fill Including Compaction (In Place). Limits of Remove and Replace to be Approved by Engineer Prior to Initiating Work. 100 CY $ 80.00 $ 8,000.00 506 Select Fill Material Only) 100 CY $ 28.00 $ 2,800.00 507 Flowable Fill, Complete in Place 50 CY $ 160.00 $ 8,000.00 508 Cement Stabilization for 8" Sub -Base 27248 SY $ 3.00 $ 81,744.00 509 Cement for Stabilization of Subgrade 392 TON $ 310.00 $ 121,520.00 510 Install Reclaimed Subbase for Shoulder 3221 SY $ 9.00 $ 28,989.00 611 7" Type B HMAC Black Base 25158 SY $ 50.00 $ 1,257,900.00 512 4" HMAC Installation - Type C 25158 SY $ 29.00 $ 729,582.00 513 Driveway Installation - 4" Reclaimed Sub -Base 2603 SY $ 17.00 $ 44,251.00 514 Driveway and Mailbox Turnout Installation - 2" HMAC 2543 SY $ 24.00 $ 61,032.00 515 Driveway Installation - 6" Concrete 60 SY $ 130.00 $ 7,800.00 516 Demolition and Haul off of Existing Concrete Driveway 37 SY $ 28.00 $ 1,036.00 517 4" Concrete Sloped Pavement 1055 SY $ 78.00 $ 82,290.00 518 Type R Rock Rip Rap, 200-2501b, Hand Placed and Grouted (18" Embedment) for Crossing Culverts, Com lete in Place 392 SY $ 160.00 $ 62,720.00 519 lRevegetation - H dromulch all disturbed areas 1 LS $ 36,000.00 $ 36,000.00 520 IStriping (Centerline and Reflective Markers 1 LS $ 15,000.00 1 $ 15,000.00 Sub Total - Pavement and Earthwork $ 2,778,488.75 Addendum #1 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 23-608 I&GN Road Reconstruction Issued: September 14, 2023 Change: Updated Drawings, Updated Bid Form, Clarifications, and Pre -Proposal Sign In Sheet Reason: Clarification and Information Changes made are summarized as the following: • Drawings o C103 — OVERALL LAYOUT ■ Updated pavement type on Driveway 6 o C200-C202 — TRAFFIC CONTROL ■ Updated advanced warning signage o C300 — DEMOLITION PLAN ■ Updates to driveway demolition to match proposed pavement limits o C301 — DEMOLITION PLAN ■ Revision to the note for 4" Waterline to remain o C800-C802 — SIGNAGE & STRIPING PLAN ■ Additional permanent signage shown Bid Form o Updates to total permanent signage o Updates to driveway demo quantity, driveway pavement, o Updates to steel casing quantity o Update of line item #500 New drawings and bid form are attached along with the pre -proposal sign in sheet (which was requested). This addendum should be signed by an the bid documents as specified lA'' , id. Acknowledgement of Signature: _ Printed Name: of the respondent and returned with T % Bond No. Bid Bond BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Larry Young Paving, Inc. as principal, hereinafter called the "Principal," and MARKEL INSURANCE COMPANY, at 4521 Highwood Parkway, Glen Allen VA 23060, as surety, hereinafter called the "Surety," are held and firmly bound unto Brazos County as obligee, hereinafter called the Obligee, in the sum of Five Percent ( 5 %) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for RFP No. CIP 23-608 I&GN Road Reconstruction NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 30th day of August , 20 23. Paving. Inc. (Principal) BY: TITLE: Markel Insurance Company BY: Alexandria Petroski , Attorney -in -Fact THE RIDER ATTACHED HERETO IS INCORPORATED IN THIS BOND AND MODIFIES COVERAGE UNDER THIS BOND. MSUR10 03 18 POA# 4221009 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTecInsurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Connie Grocholski, Alexandria Petroski, Teresa Martin, Sally White Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety orjointly, as co-surettes, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, Thatthe President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute In behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of January , 2023. Sure'rec Insurance Company 6�3FM AI S%}tR1011,1 4 By. ?;W 1 5 2 =� SEAL? By: Michael C. Kelmig, President tp State of Texas • * ����,'rr2l````,,� County of Harris: On this loth day of January , 2023 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the Individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding Instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. e, XENIA CHAVEZ e N014fy Public, State of Texas 3•t•' Notary ID# 12911765-9 By: ) My Commission Expires a,,,� aF.ii*�,,••' X is avez, Notary Public SEPTEMBER 10,•2024 y ommtsston expires 9/10/2024 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 30th day of August 2023 Wist Ma ellnsuranceCompany BY By, ndrew Marquis, Assistant5e ry Any Instrument Issued in excess of the penalty stated above is totally void and without anyvalidity. 4221009 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Markel Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: Markel Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax#:512-490-1007 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. MIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2023-1065473 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Larry Young Paving, Inc. College Station, TX United States Date Filed: 08/29/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP NO. CIP 23-608 Road Construction - I&GN 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Larry Young Paving, Inc. Bryan, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION I My name is �PA16eA L and my date of birth is 11. - (b My address is t�� �i �V (street) (city) (state) (zip code) (country) I declare under penalty of perjury the foregoing is true and correct. ��that Executed in �Y�'( t)� County, State of bLrA Won the a�1 y of 20 . (m (year) ! JAMIE E. EANES _ar:ac Notary Public, State of Texas = - -Qa Comm. Expires 10-31-2027 %0;,;�±� Notary ID 132233279 Signature of a orize ent of ontracting business entity (D larant Forms orovlded by Texas Fthirs Cnmmiccinn Ienene1 WhirQ C+nro rV I lo v o io r 9 In_nCnnA LARRYOU-01 KBAKER CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 8/29/229/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER Rollo Insurance Group, Inc 1202 Amistad Loop College Station, TX 77845 CONTA AME: CT PHONE FAX a/c, No, Ext): (214) 415-0113 (A/C, No): ADDRESS: INSURERS AFFORDING COVERAGE NAIC p INSURER A: United Fire 8r Ind CO 19496 INSURED INSURER B: Texas Mutual Insurance Company 22945 INSURER c : Homesite Ins Co Of The Midwest 13927 Larry Young Paving, Inc. Silver Hill Equipment Co., LLC INSURER D : Endurance American Specialty Insurance Company 41718 PO Box 11779 College Station, TX 77842 INSURER E INSURER F : COVERAGES CERTIFICATE NLIMBER- R,=VIRInN NLIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSD SUBRI WVDI POLICY NUMBER POLICY EFF /DD1YYYY1 POLICY EXP (MM/DDfYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR 85327666 8/23/2023 8/23/2024 EACH OCCURRENCE S 1,000,000 DAMAGE so RaENT D � PREMMED S 100,000 EXP (Any oneperson) S 5,000 PERSONAL 8 ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECT LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMP/OPAGG 5 2,000,000 g OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acddent, I S 1,000,000 X BODILY INJURY Perperson) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS 85327666 8/2312023 8/23/2024 BODILYBOODILY INJURY Per accident S PPerOa dentDAtdAGE S AUTOS ONLY AUU ONLY S A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1,000,000 EXCESS LIAB CLAIMS -MADE 85327666 8/2312023 812312024 AGGREGATE S DED I I RETENTIONS Aggregate S 1,000,000 B WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE �FFICER/MEMBAR EXCLUDED? �Y MandatoryEfn NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 0001311091 8/23/2023 8/23/2024 X PER OTH- E E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYE S 1,000,000 E.L. DISEASE -POLICY LIMIT S 1,000,000 C Excess Liability CXP-022988-00 8/23/2023 8/23/2024 1 Excess Liab $4M X $1 4,000,000 D Excess Liability ELD30043365100 8/23/2023 8/23/2024 Excess Liab$5M X $5M 6,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RFP No. CIP23-608 I & GN Road Reconstruction Brazos County Purchasing Department 200 S. Texas Ave. Suite 352 Bryan, TX 77803 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1. 1 NA %IPLI PItop us 11 1HCI-I mxr IIA LM RATI- PROPM-DTI a.\1'S � 1. [ N \\IPI1 1`11011. KI) NU\]RI R QUALII I('ATIONS 1 OR THIS CONTRACT 1 1 i 1. ITIIl \\11101t 1t[u\ , COLLEGE STATION, TX F1,(_) i,Nli)\'�i ffIVI(i- PEACI-I CREEK CUT-OFF ROAD 2023 11Mk 5.11110JI{'f (MMR";I'll ORM1110\ ---- - -- ------------- - - -- - - - - a.l'RUJPC"I--- Brazos Count-, TX Fred Paine 979-822-2127 I IR.%Iti I ROU', C rim CIN\ Of \T D \\'I'I I I TI Ih PROJI (T a. nnmr urat.nir uvw ur rnu3rc. t aiNu ant -my At C w 1 ni3 �Ull snnc, inuuae scope, sue, ana case Relevaiice to Selection Criteria • Reinforced Concrete Paving, Storm, Sanitary Sewer; Water, .Sidewalks,:and Signal's,; Value: $4,992,868.45 (1) FIRM NAME (2) FIRM LOCA'i70N(agy..ds-,) (3) ROLE a. Larry Young Paving Bryan, TX General Contractor (1) FIRM NAME (2) FIRM LOCATION (Cin and Smrr) (3) ROLE b. Kimley Horne College Station, TX Architect / Engineer (1) FIRM NAME (2) FIRM LOCATION(gy. and s,—) (3) ROLE `' Kimley Horne Houston, TX Architect / Engineer Relevance to Selection Criteria 0 Water, Storm, Sanitary, Reinforced Concrete Paving, Contract Value: $17,570,277.90 1 (1) FIRM NAME (2) FIRM LOCATION (Cf)-..dS-,) (3) ROLE a. Larry Young Paving Bryan, TX General Contractor (1) FIRM NAME (2) FIRM LOCATION (CGt,--dS—,) (3) ROLE b. TxDOT Bryan, TX Owner /Engineer C. Lochner Engineering Austin, TX 3rd party Records Keeper/Engineer Contract Value: 9,241,153.75 (1) FIRM NAME a' Larry Young Paving -_ - (1) FIRM NAME- b' Binkley & Barfield (I) FIRRAt -------- -------- M NAME C. Bayer Construction d' Elliott Construction f (2) FIRM LOCATION (Ci,-..JS-,) Bryan, TX (2) FIRM LOCATION (prrenJS-,) College Station, TX - - - -(2) FIRM LOCATION (Cjn—dS,.e) Bryan, TX (2) FIRbt LOCATION (Cq—d Smrc) Bryan, TX (3) ROLE General Contractor (3) ROLE Engineer (3) ROLE -- -- -- - - - - Subcontractor — Electrical (3) ROLE Subcontractor — Underground Utilities Contract Value: $13,082,603.00 Change Order #1 — Dirt Quantity in Design vs Actual $139,854.40 Change Order #2 — Upsizing Water Line including Bore $134,836.80 7. FIRMS FROM SECrION C INVOLVED WITH THES PROJE(,7 (I) FIRM NAME (2) FIRM LOCATION (nr..Jsmre) (3) ROLE a. Larry Young Paving Bryan TX General Contractor (1) FIRM NAME (2) FIRM LOCATION (nq unJs—,) b. Halff Conroe, TX 1 FIRM NAME FIRM LOCATION C1, JS—, Bortunco Houston, TX (I) FIRM NAME (2) FIRM LOCATION (c,r-is,—) d. Lindsey Construction Spring, TX (I) FIRM NAME (2) FIRM LOCATION (C1n unJsru,,) e' Randy Roan Construction Montgomery, TX (1) FIRM NAME (2) FIRM LOCATION (Gr'--dS ,) c Tom Mac Houston, TX (3) ROLE Engineer (3) ROLE Subcontractor — Boring (3) ROLE Subcontractor — Earthworks (3) ROLE Subcontractor — Clearing and Grubbing (3) ROLE - - - Subcontractor — Pile Driving ►J Larry Young Paving, Inc. PO Box 11779 College Station, TX 77842 979-823-4888 m.schinzler@lan-yyoungpaving.com HISTORY/QUALIFICATIONS Larry Young Paving (LYP) is ready and able to provide the City of Conroe with experienced, qualified personnel and management practices to deliver on time, on budget performance. Since its founding in August 2005, LYP has seen exponential growth while maintaining an aggressive stance in project delivery of local city, county and state projects. Our past experience provides us with the knowledge and understanding of accepted industry practices required under defined contract terms and conditions to meet or exceed client expectations. Company History In August 2005 Larry Young Paving (LYP) was established specializing primarily in commercial and residential asphalt parking lots, driveways, repairs and general site work focused on the private sector. As the workload increased the company began pursuing local municipal, county and state opportunities matching internal resource requirements in both manpower and equipment requirements. At present LYP is under contract with the City of Bryan, City of College Station, TXDOT and numerous local development companies totaling more than sixty projects of various scope and budget. Current project workload includes the construction of multi -span bridges, slip form paving, asphalt paving, earthworks and underground utilities. Experience and Qualifications LYP is experienced in all phases of local and regional civil works project delivery requirements. Currently the company employs over 250 skilled and unskilled personnel to include equipment operators, concrete, asphalt and underground utility crews. Added to workforce, } LYP equipment count exceeds 130 pieces to include late model excavators, loaders, motor graders, dozers, ridged and flexible pavers, and trucks. Project Management is key to the success of LYP. Our combined years' experience of management staff exceeds 150 providing a comprehensive approach to all aspects of Civil Works project delivery. 7. EXPERIENCE Larry Young Paving, Inc. 2007-Present General Manager Five -plus years of experience as a project manager of projects from USAGE to municipalities and public work for TAMU. Management of approx. $80 million in contracts annually. Well versed in varying specifications for asphalt design, concrete design and the installation of storm utilities. Licensed (Company Representative) in Texas, Louisiana as Highway Contractor and Mississippi as General Asphalt pavement contractor. Project scheduler with experience in all aspects of project material procurement and subcontractor methodology and timelines. Experience in both general building construction as well as civil construction. Financial management for varying sized projects as well as VE for customers who require. GTEC, PA. 2004-2007 Administrator Administrator in the Health care industry for 16 physicians and 30 mid -level providers. Managed build outs for medical offices and lease tenants. Developed compensation for physicians based on ER care practices, bill-ables, payer mix, etc. Management of all cash flows for the company and tax planning. 1) TITLE AND LOCATION (CIty and Sro) (2) YEAR COMPLETED Longmire Road Widening ,1^ ---�~ - 2020 Conroe, Texas Owner Information: Work Performed Linder: City of Conroe Larry Young Paving P O Box 3066 Conroe, TX 77305 Description: Three mile road widening and rehabilitation project including reinforced concrete paving, sidewalks, storm, sanitary sewer, water, and lighting. Role: General Manager 1) TITLE AND LOCATION (CityardStm) j (2) YEAR COMPLETED 1 Conroe Park North'Extension and Farrell Road Widening. _w_-i 2021 Conroe, Texas Owner Information: Work Performed Linder: City of Conroe Larry Young Paving P O Box 3066 Conroe, TX 77305 Description: This is phase II of this project, an extension of Conroe Park and widening of Farrell Road. The project includes reinforced concrete paving, storm, sanitary sewer, water, and a bridge. Role: General Manager 1) TITLE AND LOCATION (cry ws,..) City of Bryan = Woodville Road { ` (2) YEAR COMPLETED 2021 Bran, Texas Owner Information: Work Performed Under: City of Bryan Larry Young Paving PO Box 1000 Bryan, TX 77802 Description: Rehabilitation of Woodville Road including reinforced concrete paving, sidewalks, storm, sanitary sewer, and water. Role: General Manager 7. EXPERIENCE Larry Young Paving, Inc. 2017-Present Contracts / Project Manager Responsible for contractual compliance and QC implementation. Coordination with the Engineer/Employer. Asian Development Bank 2013-2017 Consultant Transport Technical Assistant to the Ministry of Public Works Project Management Office developing guidelines to assist the government in the preparation, implementation and management of Civil Works Construction contracts within the framework of FIDIC based contracts and the procurement of related Goods and Services. Mentor Project Managers of the Afghanistan Ministry of Public Works in the day to day management of construction and construction supervision contracts, including reviewing and checking invoices and supporting documentation, providing deliverables, checking, reviewing and updating progress and personnel schedules. The Louis Berger Group 2004-2013 Engineer/ Country Manager Development of strategic opportunities in Afghanistan thru Military Overseas Contingency Operations and other Donor Funded initiatives. Preparation proposals for all Contracts in Afghanistan other that those under the AIRP Program. Support for all other business units of the Louis Berger Group operating in Afghanistan including preparing and implementing all purchase orders and contracts for goods and services. Responsible for the interpretation of the FIDIC-based contract, instructing the contractor to adhere contract requirements, the determination of contract disputes, assuring quality control, checking measurement of the works for payment and the certification of all contractor invoice. Preparation of bi-monthly reporting to client, processing of contract variation orders, project budget management. Established coordination meetings with local tribal elders on bi-weekly basis for conflict mitigation related to local village issues along the alignment. Main Street Wholesale 1992-2004 Operating Ofcer/Partner Operating Officer/Partner of family owned agriculture related business. Responsibilities included day-to-day management and operations of office and field activities including payroll, accounting, equipment procurement and maintenance. Ten Mile, Inc. General Contractor 1987-1992 General Superintendent/Project Manager Responsible for day to day activities in the field related to reinforced concrete paving, site grading, underground utility installation, and drainage systems. Projects included private development, municipal and county government infrastructure contracts. Robert E McKee 1985 -1987 Project Engineer Coordinated subcontractors/client from submittal process during construction phases of multi -story, cast in place concrete structures. Projects included Presbyterian Hospitals of Dallas Phase III, Margot Perot Medical Complex Lower Level Renovations, Texas Instruments Plano, and Reunion Parking Garage. Carter -Stephens 1980 - 1982 Project Superintendent Responsible for timely completion of light frame commercial and structural steel vertical construction projects. Projects included Dowell Oilfield Services- Luling Facility, Accurate Wireline-South Texas, US Steel Phase II Expansion and Bell -Textron Plant Expansion -Ft. Worth. R.B.Butler, Inc. Project Foreman 1977-1980 Structural steel/light frame vertical commercial projects, oilfield related Civil Works, and cast in place concrete structures throughout Texas. 11 111U AND LOCATION (U�y andsmir) " (2) YEAR COMPLETED Conroe Park North Extension and Farrell Road Widening..:, 2021 Conroe, Texas Owner Information: _ Work Performed Under: City of Conroe Larry Young Paving P O Box 3066 Conroe, TX 77305 Description: This is phase II of this project, an extension of Conroe Park and widening of Farrell Road. The project includes reinforced concrete paving, storm, sanitary sewer, water, and a bridge. Role: Project Manager 1) TnZE AND LOCATION (City-dsuu) i (2) YEAR COMPLETED TxDOT FM 1774:Ongoing Grimes County, Texas Owner Information: Work Performed Under: u TxDOT Larry Young Paving 12S E I Ph St Austin, TX 78704 Description: Rehabilitation of FM 1774 including asphalt paving and storm drain. Role: Project Manager 1) TITLE AND LOCATION (City .Jsrau) (2) YEAR COMPLETED Palasota Drive __�._.. Ongoing — -- -- , Bryan,Texas Owner Information: �— ` Work Performed Under: City of Bryan Larry Young Paving PO Box 1000 Bryan, TX 77802 Description: Rehabilitation and widening of Palasota Drive, including reinforced concrete paving, storm, sanitary sewer, and water. Role: Project Manager e. Exhibit E: Specifications f. Exhibit F: Geotech Report g. Exhibit G: County Construction Agreement 6. By submitting a response to this RFP, the proposer is agreeing to sign the County's Construction Agreement, Exhibit G attached. 7. 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 S) ii. Certification of Proposal (Section V) b.Bid Bonds c. Exhibit B and/or Exhibit C — Pricing Form R. PRICING Complete Exhibit B and/or Exhibit C attached and submitted with the proposal. S. 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: C Z�p i,bin V0-f, Contact: 6� `'� �zaAuLj Phone: S �'� • 3 13 3 Email: pi)rxn Df' bohrot Mg 1 Company/Entity: � A) 1,-\ n r\.I P, Pr I C! �� — (� C1 Contact: 10 ✓ 1 1 P , V% . Phone: O0n � Email: � 7� h h I �, • ap Y i C �, C� l Cisyd�yl v � 16 1 Page Company/Entity: _L'1 byl pP Contact: '41 �hn ; Phone: G11 n !I Lp 4 . 1, !�-i -I Email: ��yv�i A\ 7 ('z�- -ot)V Company/Entity: Contact: Cp � Al , ", p L% Phone: C11G1 Email: as C� a «ln P_�l �no1 Won Company/Entity: t.;j n 4(KbI d — Contact: Phone: Email: CITY OF CONRO • r am Fst. PA May 10.2021 City of Bryan 205 E 28tn St. Bryan, TX 77803 Re: Project Reference To Whom it May Concern: Over the past 3 years, Larry Young Paving has contracted approximately $30 M in workwith the City of Conroe. From Rehab to New Construction contracts, Larry Young Paving has completed many difficult projects for the City requiring bridge construction, slipform paving, deep sanitary and waterline mostly with their own crews. We found them to be exceptional in both their knowledge base and their ability to execute the work They provided solutions to difficult problems and completed projects on time. I would recommend their company without question. If you require any additional information, please don't hesitate to contact me Sincerely, d 4f Tara B. Gaha, P.E. Senior Project Engineer Engineering Dept. City of Conroe Page 1 DocuSign Envelope ID: EDOFEB04-BEB6-4748-A765-27AD9BFD2B8B k€C CIVIL ENGINEERING CONSULTANTS VON DORPEN, INC, Johnnie Price, P.E., CI:M Civil Engineering Consultants 1555 Greens Prairie Rd. College Station, TX 77845 May 10, 2021 City of Bryan 205 E 281h St. Bryan, TX 77803 Re: Reference of Work To Whom it May Concern: Larry Young Paving has worked with me several projects in the past and most recently on the City of Navasota Railroad St. Project. The project primarily was a drainage project to alleviate drainage conditions in the downtown area with a budget of approximately $1.81ni1. In addition to the drainage infrastructure, the project included waterline replacement, pavement removal/replacement, electrical, irrigation and telecommunication rerouting were a part of the project scope. Overall, I ;found harry Young Paving to be diligent in the completion of their work and were consistently onsite with various crews as the project required. Their project management team was easy to work with, handled in -Meld issues well and was knowledgeable regarding the work. With regards to change orders, they were fair and reasonable and overall helped to create a teain atmosphere. I would recommend Laity Young Paving without reservation for any civil project for their professionalism, timely accomplishment of the work and quality product. - Sin rely, ohnnie Price, P.E., CPM Senior Project Manager SAN ANTONIO BRYANICOLLEGE STATION - LAREDO 1555 GREENS PRAIRIC ROAD WEST I CbLLt GC STATION, 'TEXAS 77845 1 (979)1346.6212 1 FAX: (979) 846-8252 TEXAS FIRM REGISTOATION NUMBERS: ENGINEERING F-2214 I SURVF-Y 10042800 1 WWW.CEGTEXAS.COM DocuSign Envelope ID: EDOFEB04-BEB6-4748-A765-27AD9BFD2B8B ' •. Mark Schinzier From: Gary Arnold <GAmold@brazoscountytx.gov> Sent: Friday, May 7, 2021 3:58 PM To: Mark SchinzJer Subject: reference To whom it may concern Larry Young Paving has completed 6 Road projects with live traffic on each one in the last 2 years for me. All 6 projects were completed well -before completion deadline with 0 change orders. There management team and field personnel are second to none. Gary Arnold Operations Manager Brazos County Road and Bridge 1 DocuSign Envelope ID: EDOFEB04-BEB6-4748-A765-27AD9BFD2BBB •• Mark Schinzie>r From: Mark Schinzler Sent: Monday, May 10, 2021 4:53 PM Tor Mark Schinzler Subject: RE: Written References From: James Smith <jsmith@cstx.gov> Sent: Monday, May 10, 20214:35 PM To: Marl<Schinzler<m.schinzler@larryyoungpaving.com> Subject: RE: Written References Larry Young Paving has completed several roadway projects for the City of College Station. The quality of utility, concrete and roadway worts has met or exceeded a[l of our requirements and expectations. Often i will receive comments from residents on how pleased they are with the look and quality of the infrastructure and how they feel like it has improved the look of their neighborhoods. James Smith, PE Project Manager Phone 979-754-3877 Ce I l-979-324-7US8 1 DocuSign Envelope ID: EDOFEB04-BE86-4748-A765-27AD9BFD268B I � GESSNER May 11, 2021 . ENraIHEF'.1ING City of Bryan 205 E 28th Street Bryan, Texas 77803 Re: Letter of Reference To Whom it May Concern: I have had the pleasure of working with Larry Young Paving on several projects including a challenging road failure project that involved extensive grading and storm work. The I&GN Roadway Failure Remedlation project was a $1.4 Million project that improved drainage adjacent to the roadway and lowered the roadway to reduce the embankment side slopes to remediate the embankment failure. The project required Larry Young Paving to perform the extensive work while maintaining access to adjacent properties to owners, mail service, and trash collection. Larry Young Paving was diligent, respectful and understanding with adjacent property owners, and completed the work ahead of schedule. They ensured the safety of the public was a high priority by continually inspecting traffic control and the site for. potential hazards. Punch list items were completed in a timely manner and to the requirements/needs of the project team. I recommend Larry Young Paving for any Civil project and look forward to working with them for manyyears to come. Sincerely, Sean Ray, M.E., P.E. Project Coordination— Department Head Gessner Engineering, LLC B BRYAN o BREIIHAM u PORTWORT1 o GEORGETOWAr SAID AWMNIO Carpnrate:4Ci256'Slreet,Suit-23/ Bryan.TexaS77803 0 1-877-GESSAIER lvt't4kgCSitlCrdll(j{tt3cllRQ.CGRI CIVIL CONSTRUCTION MATERIALSTESTING GEOTECHNICAL STRUCTURAL SURMING ;OST CODE TRUCKS FT 001 FT 002 FT 003 WT 001 WT 002 WT 003 WT 004 WT 005 WT 006 WT 007 WT 008 WT 009 PU 001 PI U�002 PU 003 PU 004 PU 006 —` PU 007 PU 008 - PU - 009 1 PU 010 PU - 011 _ PU 612 PU 013 PU 014 PU 015 PU 016 PU 017 PU 018 PU 019 "MT 001 MT 002 MT 004 PU . 020 - PW 021 PU 022 --� ----�---- PU 023 PU 024 PU 025 PU 026 PU 027 PU 028 Equipment Name Purchase Date VIN # / ID /Serial # 2013 International Fuel Truck 1/18/19 1HTMMAANODH156264 2020 Kenworth Lube Truck T270(Diesel) 6/23/20 2NKHHM6H1 LM424213 2014 Peterbuilt Fuel Truck 2/10/22 2NP2HJ7X7EM225397 2002International Water Truck 6/4/10 1HSHBAAN12H411741 2007 INT-WATER TRK-4300 W/ 2000 Gal tank 7/24/15 1 HTMMAAN77H392771 2012 International WaterTruck(Diesel) 9.7.18 1HTMMAANlCH587596 2011 International Water Truck(diesel) 6.3.19 1 HTMMAANl BH388479 2002 International Water Truck 4300 8/21/19 1 HTMMAAN42H517122 2012 Freightliner Water Truck 2000 gallon 9/22/21 1 FVACXDTOCDBD9005 1986 Amer Gen M927 Water Truck 2/24/22 NLONJ7 C527-00948 1992 Amer Gen M927 Water Truck 2/24/22 5167-12 2017 Freightliner Water Truck M-2-106 5/25/23 1 FVHCYCY9HHHX1202 2003 Ford F-150 (Gas) 1/27/2016 1FTRF1793NB12418 2004 Dodge Ram 3500 Quad Cab Duley 3/23/2013 3D7MA48C94G246704 2005 Chevy Flatbed-Welding/Serv. Trk(Gas)White_ 411/13. 1GBJC39U25E301791 2006 Dodge (Red). 6/30/14 3D7ML48C86G235481 2006 Ford Box Truck'' 3/13/15 1 FDXE45S36DA63253 2008 Sterling Bullet Flat Bed(Diesel) 4/9/09 3F6WJ78A78G350200 2011 Dodge Ram 3500 (Diesel) 3/3/11 3D73Y4CL3BG549327 2012 Dodge Ram 3500(Disel) 6/8/12 3C63DRGLOCG103593 2012 Ford Pickup 3500 8/6/12 1 FT8W3BT2CEA24995 2012 Dodge Ram 3500(Diesel) 618/12 3C63DRGL7CG103591 2013 Toyota Tundra (Gas) 10/6115 - 5TFRM5F1XDX065959 2013 Ford Lariat F250(Diesel) 10/2/13 1FT7W2BT8DEB23070 2014 Dodge Ram 2500 (Diesel) 4/28/15 3C6UR5HL6EG323059 2015 FORD TRUCK 10/30/14 1 FT7W2BT8FEB59957 2015 FORD F250 CREW CAB 44 Pickup (Gas) 7/20/15 1 FT7W2BT2FED40116 2016 Ford F350 Crew (diesel) 7/11.2016 1 FT8W3DT7GEB50840 2016 Ford F350 Crew(Diesel) 7/11.2016 1 FT8W3CT3GEC50578 2016 Ford F350 Crew(Diesel) 8/25/16 1 FT8W3DT8GEB68246 2007„F450 Mechanic Truck' d 2/23/16 '. 1 FDXX46P27EB32191 2018 Ford F-550 Mechanic Truck(Diesel) 6.12.18 1FDOX5HT3JEB99214 2007 Peterbilt Mechanic Truck 2/10/22 2NPLHD7X17M733566 2021 Ford F-650 with 2014 Autocrane Titan 60 414/23 1 FDNF6DC5MDF08972 2017 Ford F350 Flat Bed(Gas) 3/17/17 1 FD8W8GT8HEC85057 2013 Ford F-150 Silver Hill 5/1117 IFTEWICMXDKE16799 2017 Ford F-350 (Diesel) 7/19117 lFT8W3BT3HEE02068 2017 Toyota Tundra 44 Crew(Gas) 918/17 5TFDW5F1 I HX617536 2017 Ford F350 Flat Bed(Diesel) 2/22/18 1 FD8W3GT4HEF35877 2005 International 4300 Crash Truck(diesel) 1.29.2018 1 HTMMAAM85H686149 2018 Chevy Silverado 1500 Truck (Gas) 4.5.18 3GCUKRECOJG191516 2018 Ford F150 Crew 4 (gas) 4.14.18 1 FTEW1 EP8JKD17417 2018 Dodge RAM 2500 (Diesel) 10.17.18 3C6UR5HL9JG308033 PU 029 PU 030 PU 031 PU 032 PU 033 V PU 034 2019 Ford F250( Diesel) 3.5.19 1 FT7W2BT4KED25790 2005 Chevy Silverado Z71(Gas) 3.7.19 2GEK13T25181836 2005 Chevy Silverado (Gas) 3.7.19 2GCEC13T451290795 2012 Ford F350 (White)(Diesel) 4,10.19 1FT8W3B62CEB90072 2019 Ford Van (15 passenger)(Gas)' 5.24'.19 1 FBAX2CM4KKA82062 2016 Chevy Silverado 1500(Gas) 5.28.19 1GC2CUEG7GZ107405 �PU 035 2013 Ford Van (15.passenger)(Gas)' „ 6;12.19 _{ 1FBSS3BL7DDB08002 PU 036 PU 037 PU 038 PU 039 PU 040 PU 041 PU 042 PU 043 PU 044 PU 045 --- -- - - -- ------ --- -- -- - - - - PU 046 PU 047 PU 048 .. PU 049 PU 050 PU 051 + PU 652 - PU 053 PU 054 PU 055 PU 056 PU 057 PU 058 2011 Ford Van E-350(Gas) 8/27/19 1 FBNE3BL2BDA52990 2019 Chevy Silverado (Diesel) 11/7/19 1GClKSEYXKF269048 2020 Ford F250 1/10/20 1 FT7W2BT7LEC19058 2018 Chevy Van Express -LT 2/19/20 1GAZGPFG6J1286859 2018 Ford F350 2/24/20 1 FD8W3HTOJEB18437 2015 Ford F250 Crew Cab 44 Pickup (Gas) 4/21-/20 1 FT7W2B67FEC57453 2019 Chevrolet Express 3500 (Gas) 5/29/20 1GAZGPFG1K1254810 2020 Ford F250 (Diesel) 6/11/20 1FT7W2BT3LEC19719 2020 Ford F250 6/2/20 1 FT7W2B69LEC24577 2020 Ford F250 6/2/20 1 FT7W2B60LEC24578 2020 Ford F250 6/30/20 1 FTZW2B61 LEC87074 2020 Ford F250 (Diesel) 8/26/20 1 FD8W3HT6LED71331 2016 Chevy Flatbed 8127/20 1 GB3CYC81 GF165331 2020 Chevy Silverado 9/17/20 1 GCRWCED4LZ326189 2021 Ford F250 - 12/22/20 1 FT7W2B67MEC26488 2016 Dodge Ram 2500 1/29/21 3C6TR5HT4GG297494 2017 Chevy Crew,Cab - 3/3/21 3GCUKNEC4HG391737 2021 Ford F350 3/4/21 1 FD8W3HT1 MEC28319 2007 Dodge 3500 Diesel Cab and Chassis 4115/21 3D6WH48A37G843052 2008 Ford F250 4/26/21 1FTSW21568EE26805 2014 Ford E350 Econoline Passenger Bus 5/18/21 1FDEE3FLOEDA67302 2014 Ford E350 Econoline Passenger Bus 5/18/21 1FDEE3FLOEDA67297 2014 Ford F250 Crew Cab Pickup- 7/20/21 1FT7W2A68EEA66186 6 `V PU 059� �PUF 060 - PU 061 PU 062 PU 063 PU 064 PU 065 i - PU 066 PU ; 067 PU 068 ' PU 069 PU 070 PU 071 PU 072 201.3 GMC,250QHD Cf.OW Cab-,4x4 Pickup _ 7/20/21 1GT12ZCGODF172592 2013 GMC 25001-11) Crew Cab 4x4 Pickup 7/20/21 1GT12ZCGODF225792 2014 Ford PK 12/6/21 1 FTX2BTOEEB24762 2019 Ford F250-white 2/10/22 1 FT7W2BT7KEG71509 2019 Ford F150 White 2/10/22 1 FTFW1 E51 KKF26860 2019 Ford F250 white 2/24/22 1 FT.7X2BT3KEG72508 2019 Ford F150 4 wheel drive 2110122 1FTFW1E52KKF32005 2019 Ford F350 Ford white_ 2/22/22 1 FT8W3BT8KEG54339 2019 Ford F250 ford white 4/1/22 1 FT7X2BT1 KEG72507 2020 Dodge Ram 3500 Chassis CA 2/20/23 3C7WRSCL7LG302356 2023 GMC Sierra 1500 2/21123 1 GTUUCE88PZ114162 2023 Chevrolet Pu 1500 414/23 1GCUDDE83PZ106976 2023 Chevrolet Pu 1500 4/4/23 1 GCUDDE80PZ107-101 2007 Chevrolet Pu 1560 5119/23 3GCEC13JX7G500454 PU` 073 PU - 074 TRAILERS 2023 Chevrolet Pu 1500 8/3/23 1GCUDEE84PZ269304 2023 Ford F250 XL FWD Crew Cab 8/8/23 1FTZW28A8PED38953 TR 001 TR 002 TR 003 SB 001 TR 005 TP 001 s . _ TR - -006 , ;. TR 008 TR 009 TR 010 TR 011 TR 012 TR';. 013 TRI 014 TR 015 TR 016 TR 017 LGT 001 LGT 002 LGT 003 LGT 004 LGT 005 LGT 006 TR 018 TR 019 TR 020 TR 021 TR 022 TR 023 TR 024 TR 025 TR 026 TR 029 TR 030 TR 031 TR 032 TR 033 TR 034 TR 035 .,TR. 037'^ V TR L03__8____ TRF. 039 ` TR 040 TR 041 2004 Landoll 435A Sliding Axle Trailer 48' w/hydraul 6/13/12 lLH435UH441013578 2005 Leeboy Tackpot Machine 6/20/08 25OT50044781 2006 Seal Coat Machine 11/19/05 lE9FP19276M317002 ,200. 0560H49 2007 WA CE Arrow Borad = ;. 416113.: -12076168 2011 Texas Bragg (Bodystyle UT)14' long 4/1/11 17XFP162XB1010258 2011 Mauldin Tack Pot 6/30/11 4C9PT3019BG229548 2012Brute Trailer'(Cream Puff) gooseneck'GNHD2 '4/7/11 1B9GF4421CB663173 2013 White Utility Trailer 8' x 18', white cargo lazer tr 7/29/13 5NHUBLT29DY066254 2013 Texas Bragg 18' flatbed 12/18/12 17XFP1827D1031570 2014 Texas Brag Trailer W/ portable pressure wash 6/4/14 17XFP1223E1041104 2015 Continental Cargo Trailer 8' x 16' 9119/14 5NHUVH627FY022143 2015 BlackTX Bragg 14' Utility Trailer Pressure was 5/21/15 17XFP1421F1051564 2016 20' EHW Cargo Trailer 9/25/15 5NHUVHV24GY024421 Ranco Anvil ED Tractor trailers .(02) Silver Hill 8121/15 1 D9SD342XER661.674 Ranco Anvil ED Tractor trailers (04) Silver Hill 8/21 /15 1 D9SD3423ER661676 Ranco Anvil ED Tractortrailers (05) Silver Hill 8/21 /15 1 D9SD3428ER661673 Ranco Anvil ED Tractor. trailers (01) Silver -Hill 8/21/15 1 D9SD3421 ER661661 Ranco Anvil ED Tractor trailers .(03) Silver Hill 8/21 /1 1 D9SD3420ER661702 2014 Light Tower 9/18/15 37274 2014 Light Tower 9/18/15 37276 2011 Light tower Wacker 2/28/22 20021230 2011 Light tower Wacker 2/28/22 20026387 2018 Wacker Light Tower 7.12.18 WNCLTV02EPUM05284 2018 Wacker Light Tower 7.12.18 WNCLTV02APUM05281 2016 ETNYRE Gooseneck Trailer 55 Ton 3/30/16 1 E9320589GE111245 2018 White Cargo Trailer 2/9/17 5NHUEHT20JY075828 2017 Tx Bragg 20' Trailer 10.2.17 17XFP202OH1078253 2018 White Cargo Trailer 20'x8.5 10.7.17 5NHUEHV24JY077711 2018 Texas Baragg - 20' Trailer 7.9.18 17XFP2023J1083971 2018 WANCO Message Board 1.1.18 5F12S1611J1000382 2018 WANCO Message Board 1.1.18 5F12S1613J1000383 2018 WANCO Message Board 1.1.18 5F12S1615J1000384 2018 Solar Arrow Board 12.20.17 5F11S1014J1000381 2018 Solar Arrow Board 12.20.17 5F11S1016J1000379 2018 WANCO Arrow Board 1.12.18 5FI lS101251000380 2019 Cargo Mate Trailer 1/4/19 5NHUEHV28KY081522 2018 Multiquip Water Trailer 4.12.19 5SLBM1228JL022923 2019 WANCO message board 8.6.19 5F12S1617K1004504 2019 WANCO message board 8.6.19 5F12S1619K1004505 2019 83x18 Pipe Top Trailer 9.25.19 VNBU1822KT209146 20:1'8,MWtlgwptWaterTrailer, 14 - _9/17lIR -5SL'BM'122XJL`022924 2, 918 Lone Star 16Ft Utility Trailer . . ` :` 21.19/20 = ,5VYBU1.62XJH009185. 2020 Travis.End Dump , j 2/26/20 ' 48X2F2640L1:01 -234 2020 Travis end !Dumpl railer 314/20 48X2F2642L9b014235 " 2018 Pipe Top Utility Drailer 7K (83X18-Black) 8/9/19 5VNBU1829JT197303 2021 Continental Cargo Trailer (7X16) 8/24/20 5NHULV622MY039210 TR 042 TRI 043 TR 044 TR 045 TR 046 ,- — --- TR--- ---047 TR 048 TRI 049 —� TR 050. TR 051 TR 052 TR 053 TR 054 TR 055 TR 056 TR 057 TR 058 2021 Utility Trailer (J&C Trailer) 10/23/20 1J9J8AL24MW490238 2019 Trailking Open Deck Lowboy with Flip Axle 1213/20 1TKH05332KMO29526 2019 Trailking Open Deck Lowboy with Flip Axle 12/3/20 1TKROO51 OKMO29527 2021 Utility Trailer- Davidson 4/23/21 7M3BU2023MNDT2458 2022 Cargo Mate Trailer -TX 16' (enclosed) 6/18/21 5NHUNN728NY088292 2014 Travis 28 ft. Quad A.Frame End dump Trailer 8/27/21 . 48XAP2846E1008866 2014 Travis 28 ft. Quad 'A Frame End dump Trailer 8/27/21."48XAP2847E1008861 2019 Puma 42 Ft T/A Bottom Dump Trailer 8/27/21 3S9PHJP28KWO92314 2021 Goosneck Tilt Tri-Axle Model'25 trailer 9121/21 1Z9U6SO34MD058323 2015 Utility Trailer- Man made 11/9/21 NO ID NUMBER 2021 Sealcoat SR700XP Tr 10/29/21 M60662170 Survey Trailer loaded with equipment 2/14/2022 1 UK500E2XC1075413 Vermac Message Board with trailer-2019 2/10/2022 lV9US4120KH223095 Vermac Message Board with trailer 2/10/2022 lV9US4127KH223093 Vermac Message Board with trailer 2/10/2022 1V9US4129KH223094 Vermac Message Board with trailer 2/10/2022 lV9US4122KH223096 2011 Trail King MDL 57 2/28/2022 1TKJ05331BM043340 TRj 059 2022 Armorlite Belly Dump 3/10/22 56EA53K28NA000641 TRH 060 2022 Armorlite Belly Dump 3110/22 56EA53K21NA000643 TR- 061 2020 Big Tex Trailer black 2/28/22 16V1W2426M2015496 TR 062 2022 Multiquip Water Trailer 5/9/23 5SLBM1228NLO38349 TR 063 2023 Continental Cargo Mate Trailer 7/6123 5NHUVH62XPY049662 TR 064 2013 Trail King Lowboy Trailer 8/17/23 1TKJ0533ODMO78583 TR 065 2023 Texline 20' x 83" Utility Trailer 812123 7HACU2025P1000605 s.1HTMMANGAH268090; mp Trucks DT 001 1995 International Dump Truck 1/18/06 1HTSDAAN8SH227439 DTI 002 1999 Peterbuilt (Yellow Bird) (Combo Plates) Silver 1 6/15/12 1XP5DB9XXXD477848 DT 003 2000 International Dump Truck 92001 (LYP02) 4/17/07 1 HSCBAHR3YJ062909 ,DT 004 - = - 20051nternational Dump Truck 94.001 (LYP03). "11/5/08'" 3HSCNAPRX5N030492 . DT 005 2007 Peter Built Dump Truck 330 (RED)(LYP04) 10/2/13 1 NPFLTEX57N660680 —CDT 006 2007 Intemational 9200 Haul Truck (Cream Puff) 6/26114 2HSCDAHN67C513187 DT 007 :.: 2007Intemational'9200:Dum Truck LYP05 P •(- ) 9/1116 1HTXWSCT17J452438" DT 008 2014 Peterbuilt 365 Dump Truck (LYP07) 4/10/14 1NPSXPEXOED236496 DT 009 2015 Peterbuilt Dump Truck (365 series) (LYP06) 9/24/14 1NPSXPEXOFD242607 DT 010 202.0-Peterbuilt Dump Truck (567) 9/5/19 NPCX7EXXLD640262 DT 012 2017 260E Articulated JD Dump Truck (Diesel) 11/18/19 1 DW260ETCGF678204 DT 011 2016 Petrbilt Tractor Truck 389 (Silver Hill) 2/28/20 ' 1 NPXGGGG60D421521 DT 013 2007 International 4300 Flatbed Body Crash Truck( 4120/20 1HTMMAAN57H392798 DT 014 2003 Internationa1.4300 Crash Truck 3117/21 3HTMMAAM13N583982 DT 015 2013 Ford F-750 TK S/A Dump Truck 8/23/23 3FRWF7FB4DV799842 t , CT 004 2007 Freightliner Crash Truck M2106 4/15/21 1 FVACXCS47HY81707 ADT 001 2002 Intl. Asphalt Dist. (Diesel) 8/21/19 1HTSCABN921-1521725 CST r 001- , ; - �: 201 S.International' Concrete Saw -Truck 7-.8:1 R - . 1 HTMMAAM7DH104590 = CST 002 2012 Freightliner Concrete Saw Truck 9/1/20 1 FVACWDT3CDBM4794 ctor Trucks HTI 001 HT� 002 HT 003 2015 Peterbuilt 389K Tractor Truck (SH01) Silver Hil 8/20115 2NPXGGGG2OM321135 2015 Peterbuilt 389K Tractor Truck'(SH03) Silver Hil 8/20/15, 2NPXGGGG10M321143 M.5, Peterbuilt 389K Tractor Truck. (SH02) -Silver Hil 8/20115 2NPXGGGG6OM321137 HT 004 _ 2015 Peterbuilt 389K Tractor Truck 9/9/15 2NPXGGGG8OM321141 HTI 005 2015 Peterbuilt 389K Tractor Truck (SH04) Silver Hil 9/1115 2NPXGGGG6OM321140 HT 006 HT 007 HTil 008 ^� 7 HT,' 009 HT - 010 HT 011 HT 012 2016 Peterbuilt Tractor Truck 389 11.19.17 1XPXDP9X2GD328193 2016 Peterbuilt Tractor Truck 389 (Red) 2/14/20 1 NPXGGGGl OD450313 2019 PB Model 389 Tractor Truck( Silver Hill) 1120/21 1XPXP4EX3KD612579 2018 PB 367'Day Cab Truck Tractor (Silver Hill) 8/27/21 1XPTD40XXJD458823 201'8 Freightliner Day Cab Tractor Truck (Silver Hill)' 9/23/21 3AKJGNFG2JDJT5242 2012 PB Model 388 Tractor Truck 2/28/22 1XPWP4EX3CD162350 2013 Peterbilt 8/17/23 1XPXP4TX3DD194742 Equipment MG 001 1999 CAT 12 H Motorgrader MG 002 2014 CAT Motorgrader 65E MG 003 2019 CAT 12M3 Motorgrader (Blade) MG 004 2013 CAT 140M2 Motorgrader MG 005 2015 Cat 12M3 Motorgrader MG 006 2014 Cat 12M3 Motorgrader MG 007 201.1.Cat 140M Motorgrader 5/1/1.3 8MN00670 7/16/15 65ET9987 4.10.19 N9FO1223 9.22.17 M9DO1358 312/21 CAT0012MNV900420 3/29/21 CATO012MJN9FOO205 B91DO2903 1 3/16/22 ' 2 2U 3 C Doze :2/3/16 KYY00532 -. CD 003 CD 004 CD 005 CD 006 CD 007 CD 008 CSC 001 CSC 002 CSC 003 CSC 004 WL 001 WL 002 WL 003 WL 004 WL 005 WL 006 007 WL 008 WL 010 WL 011 WL 012 2014 CAT Dozer D5K 11/7/17 KYY01218 2012 CAT D6N LGP Dozer 2.28.19 GHS01049 2016.Cat D6K LC. P Dozer 4/17/20 RST02079 2018 Caterpillar D6N LGP Crawler Tractor 6/15/21 CATOOD6NCSGG00267 2016 Caterpillar D6N LGP Dozer 2/23/22 OMG500573 2018 CAT DOZER- D6TVPAT 2/25/22 OMH700900 1985 CAT. 621 B Scraper 3/8/21 2DBOO711 1985 CAT. 621 B Scraper 3/8121 2DBOO542 1985 CAT 621 B Scraper - 318/21 2DBOO695 1-985 CAT 621 B Scraper 9/15/21 . 2DB00394 2014 John Deere Loader 524K 10/22/15 1 DW524KZCEE659526 2011',KOMATSU WA250-6 LOADER ' 3.23.17 76294 Case 621 B Loader 5/22115 JEE0051096 2007 John Deere Loader Box Blade 21 OLE 7/25114 T021OLE888076 2015 John Deere 310 SL Backhoe Loader 10.19.17 1 T031 OSLAFF284001 2016 CAT 938M Loader 3.11.19 0J3RO2054 2012 Volvo wheel Loader (L90G) $121119,. - : - VCEOL90GT00003374 ,. 2016 Komatsu WA270-7 Wheel Loader 4/23/20 81298 2015 Cat 930M Wheel Loader 2112/20 CAT0930MTKTGO0951 ' 2016 Komatsu WA2704 wheel Loader (2nd.Machi 7/28120 KMTWA122AENA27504 2014 John, Deere 21 OKEP Box blade loader 1,1/10/20 1T8210EKLEG891778 WL 013 WL 014 WL 015 RL 001 RL 002 RL 003 004 RL 005 �ee6 --- RL 007 RL 008 009 RL 010 RL 011 RL 012 RL 013 RL 014 RL 015 RL 016 RL 017 RL 018 RL 019 RL 020 RL 021 RL 022 RL 023 RL 024 RL 025 RL 026 RL 027 RL 028 RL 029 RL 030 AP 001 AP 002 LL --- -AP 004 AP 006 AP 007 CKM 001 CM 001 CM 002 CM 003 MM 001 MM 004 '2017•K0matsu WA380-8 Wheel Iddder ' 5/7/21 S# 15098 2019 JD 544K-II Wheel loader TT692466 11/10/21 1DW544KZEJF692466 KOMATSUWA270-8 Wheel Loader 10/18/22 A2833 2005 Pneumatic Roller (Rosco 9 wheel) 915 12/19/05 38304 2008 Ham HD+70 Drum Roller - ,12/30/10 H17030755 . 2011 CAT Compactor Sheep Foot Roller 11/21/14 CATOCP56VC5POO691 2012 Ham HD 120 VV Vibratory Roller 6128113 H1840905 2012 Ham DBLE Drum Roller (Vibratory Roller) HD1 7/2/12 H2O10926 neu�atts�ser�estg�P4-2-0�t�-vtieel�' �/3;1�7� -948A8a3259;�8 - 2014 CAT CS56B Smooth Drum Roller 5/22/15 CATCS56BEL8H00715 2015 Pneumatic Tire Roller (CW34) 11.29.16 CATOCW34PCT300163 2007 Dynapac Pad Drum Roller CC142 4/19/07 60213560 2018 HAMM Padfoot Roller H10i 2/26/18 H2350463 2015 CP54 Pad Drum Compactor(Cat.) 6/18/19 CPX00191 2015 Hamm H11i Roller(Smooth Drum) 9/6/19 H2100495 2019 HAMM HD80VV Asphalt Roller 9/6/19 H1860611 2013 BOMG PADFOOT COMP BMP8500 9/30/19 101720121494.00 2013 BOMAG PADFOOT COMP. BMP 8500 9/30/19 101720121531.00 2013 BOMAG PADFOOT COMPACTOR BMP 850 9/30/19 101720121035.00 2014 HAMM 3307P ROLLER 5/28/20 H1891153 2011 Caterpillar CS56 Vibratory Roller 4/21/20 CATOCS56PC5SO1547 2016 Cat CW34 Pneumatic Compactor 4/16/20 AL300153 2016 Cat CW34 Pneumatic Compactor 4/15/20 AL300146 2019 Cat Asphalt Roller (Vibratory Compactor) C138 10/14/20 OJL400132 2021 HAMM Roller HD140VV 3/3/21 H2740046 2021 Hamm HD14vv Double Drum Roller 4/20/21 H285.0033 2021 H10ip Hamm 84" Padfoot Drum Roller 1/24/22 H284.0143 2021 H10ip Hamm 84" Padfoot Drum Roller 1/24/22 H235.2370 2021 H10ip Hamm 84" Padfoot Drum Roller 1/24/22 H235.2068 2021 H10ip Hamm 84" Padfoot Drum Roller 1/24/22 H284.0159 2022 CB4 Cat Roller 11/14/22 CATOCB4OV64900268 2022 CAT CW34 Compactor 11/18/22 OAL300500 2002 Caterpillar 815F Compactor 6/20/23 1 GN01109 2008 Lee ON Paver 8515 2010 VOGELE-Wirtgen Paver 5203-2 6110109 '� 49328 7750051 10/10/11 �0GELE, �R.. t y 2012 GELESup�era13002, ,.,tpaver�, , , F 2/3/12; i7M {y ,',. 81°1 0555 r ",o¢., 2017 Vogele 1703-3i asphalt paver 3.13.17 12830020 2020 Cat Asphalt Paver 11/19/20 OMH600570 2013 VOGELE S2000-31 Paver 1 5/11/21 1 1114UU11 - Curber Machine 7/16/13 E35141JO05754N 2017 Coring Machine (Homemade -UT Trailer) 4128/17 159A11013WL358093 2014 Wirtgen TCM1800 Texture Cure Machine 3/6/20 03BA0096 2011 Gomaco TC600 Text/Cure Machine 3/16/22 904400-224 2015 Wirtgen Milling Machine W1501 5/19/2015 6130132 994 ' �91 ��F16t1R2^QM��i$� 2019 Weiler 2850 Re -milling machine 8/13/21 E285OA-1561 MM 003 RC 001 RC 002 �RC 003 VS 001 VS 002 � CP 001 CP 002 CP 003 CP 004 CP 005 SP 002 SP 003 SP 004 SP 005 f ' SS 001 SS, 002 SS 003 SS 004 ,a SS 005 SS' 006 SS 007 ~-�-- SS 009 SS 010 - I SS 011 SS. 012. SS 013 SS 014 SS 015 SS 016 SS 017 SS 018 SS 019 SS 020 SS 021 SS 022 - SS 023 SS 024 SS 025 SS 026 SS - 027 SS 028 SS 029 030 SS 031 SS' 032 2021 W200Fi Cold Milling Machine(Wirtgen) 8/18/21 2120.0196 2014 Artgen RECLAIMER/Recycler WR2000XL 10,13.16 03WRO524 2019 Wirtgen Reclaimer/Stabilizer WR200XLI 2/11/22 09WROl63 2013 BOMAG MIXER RS446 8.21.19 SN921913221001 Concrete Vibratory Screed 4/26/16 No S# 2011 Bidwell 4800 Roller Paver & work bridges 8/15/18 48-20111225HD 2000Concret SlipFormPaver- CMI MTP 400 Placer 12.1.16 537132 2012 Fleming Triple Tube Roller 10.25.18 No Serial No per Ray 2006 GOMACO Placer/Spreader PS2600 10.24.18 904900-058 2012 Bomag Crawler Profiler-BM2000/60 8/21/19 ...1020 904900-089 2010 Gomaco PS-2600 Spreader 3/16/22 1998 Gomaco GP 2500 Concrete slipform Paver 12.1.16 MC16019 1992 GT-6300 Concrete Slip form paver 12.1.16 900100-009 2017 Wirtgen Slipform Paver SP62 3.20.18 23SP0014 2017 Wirtgen Slipform Paver SP82 11/29/21 17SP-0010 2009 Bobcat S330 Skid Steer Loader 7120/10 A5HA35331 201 f Bobcat S770 Skid Steer'Loader `°: ` 5114112 A3P412036 2013 Bobcat T650 11/7/13 A3P017719 2013 Bobcat T650 Track SkidZteer Loader 2/28/13 A3P016668' 2014 Bobcat S770 Skid Steer Loader 619/14 ATF212577 2014 Bobcat 590 Compact Track Loader 8/28/14 ALJU12972 2015 Bobcat S770 Skid Steer Loader 5/8/15 ATF213361 2016 Bobcat T590 Skid Steer Loader 6/6/16 ALJU19077 2016 Bobcat T590 Skid Steer Loader 616/16 ALJU19097 2015 T770`BobcatCompactTrack Loader} �, 1.31.17 AN8T14508 2017,BOBCAT T595 SKID STEER LOADER • _ " 3.28.17 B3NK12587 2017 BOBCAT T595 Skid Steer W/ Tracks (Lease) 9.31.17 B3NK13696 2017 Bobcat T650 Skid Steer (Lease) 1.12.18 ALJG22770 2016 Bobcat T590 Skid Steer Loader(owned) 5/10/19 ALJU21370 2017 Bobcat Skidsteer Track Loader 2.5.18 B3NK14133 2016 Bobcat T590 Skid Steer Loader (OWNED) 5/28/19 ALJU21854 2018 Bobcat Skid Steer T740 4.23.18 B3CA13624 2018 Bobcat Skid Steer T 595 (Leased) 6.19.18 B3NK22526 2018 Bobcat T740 Compact Track Loader 8.29.18 B3CA14733 2018 Bobcat T590 Skid Steer Loader (Lease) 12.31.18 ALJU29957 2018 Bobcat T590 Skid Steer Loader (Lease) 12.31.18 ALJU29956 2019 T740 Bobcat Skid Steer (Lease-GPS) 4.9.19 B3CA15275 2019 Compact Track Loader (Lease-GPS) 5.14.19 B3NK31702 2019 Bobcat Track Loader T-770 5.14.19 AT6321612 2019 Bobcat Track Loader T - 770 5.14.19 AT6321283 2019 Bobcat Skid steer T-595(LEASED) 6.18.19 B3NK31843 2019 Bobcat Track Loader T595 (LEASED) 10/9119 B3NK33734 Number voided- duplicated equipment was here. 2020 C259D3 Caterpillar Compact Track Loader - Lf 6122/20 CW905098 2020 Bobcat T66'Skid Steer Loader w/ 68" bucket 7/24/20 84SB11317 2020 Bobcat T66 Skid Steer Loader w/ 68" bucket 7124/20 84SB11314 2020 Bobcat T66 Skid Steer Loader w/ 68" bucket 7/24/20 B4SB11311 SS 033 ,- SS 034 SS 035 C SS 037 • SS• 038 SS 039 SS � - •.040 i. i SS `041 - SS..- 042 ,. SS 043 SS 044 SS 045 SS 046 SS 047 SS 048 SS 049 SS 050 SS 051 SS 052 SS 053 SS 054 SS 055 SS 056 SS 057 SS 058 SS 059 SS 060 SS 061 SSM 001 MX 001 MX 002 .. . MX 004 MX 005 MX 006 MX 007 - 7088 ___ MX 011 MX 012 MX 013 MX 014 MX 015 MX 016 2020' Bobcat T66,-Skid Steer. Loader w/ 68" Bucket... 7/24120 ` B4SB11318 2020 Bobcat T66-Skid SteerLoad'er.w/ 74" Bucket 10/26120 B4SB12557 2020 Bobcat T66-Skid Steer Loader w/ 74" Bucket 10/26/20 B4SB12563 2021 Bobcat T66-Skiid 'SieerLoaderwl74":Bucket . 12/.31120 B4S515820' 2021 Bobcat T66-Skid Steer Loader w1•74" Bucket) , 12/31120/ B4SB15342 2026 Bobcat T66=Skid Steer Loader w/.74" Bucket 4130/21 B4SB17683 2020 8obcatT66-Skid.Steer-Loader w/ M' Bucket 4/30/21 B4SB17685 2020 Bobcat. T66--Skid Steer l-oader w/74" Bucket . 4/30121� B4SB17647 2021 Bobcat T66-Skid Steer Loader"W 14" Bucket 5/18121'- B4SB17888 2021 Bobcat T66-Skid Steer Loader w%74" Bucket 5/18/21, B4SB17686 2021 Bobcat T740 Track Loader C37 P69 w/ 86" BkI 6117/21 B3CA21258 2021 Bobcat 1740 Track Loader C37 P69 w/ 86" BkI 6117/21 B3CA21255 2022 Bobcat T-66 Skid Steer Loader w/ 74" Bucket 5/12122 B4SB24936 2022 Bobcat T-66 Skid Steer Loader w/ 74" Bucket 5/12/22 B4SB24373 2022 Bobcat T-66 Skid Steer. Loader w/ 74" Bucket 5/12/22 B4SB24374 2022 Bobcat T-66 Skid Steer Loader w/ 74" Bucket 5112122 B14SB24938 2022 Bobcat T770 Skid Steer Loader with 80" Buck 7/14/22 -AT6335781 2022 Bobcat T770 Skid Steer Loader with 80" Buck 7/14/22 AT6335959 2022 Bobcat T66 Skid Steer Loader with bucket' B4SB27526 2022 Bobcat T66 Skid. Steer Loader with bucket B4SB27536 2023 Bobcat T66 Skid Steer Load with bucket 12/19/22 B4SB28568 . 2023 Bobcat T66 Skid Steer Load with bucket - - 12/19/22 B4SB27931 2022 Bobcat T66 Skid Steer Load with bucket 4/5/23 B4SB24775 2022 Bobcat T66 Skid Steer Load with bucket 4/5/23. B48B27602 2022 Bobcat T66 Skid Steer Load with bucket -415/23 B4SB27897 2023 Bobcat T66 Skid Steer Load with bucket 415123 .. B4SB28851 2023 Bobcat T66 Skid Steer Load with bucket 415123 . B4SB29052 2023 Bobcat T770 Skid Steer Loader with bucket 8/15/23 AT6342265 2023 Bobcat T770 Skid Steer Loader with bucket 8115123 AT6342263 2021 Mower King SSEFGC175 72 in Hyd Flail Skid 8/24/21 SSEFGC17521052102 2012 John Deere 60D mini excavator W/Bucket & TE 12/21/12 1 FF060DXACG281365 2013 John Deere Mini Compact Excavator 50D 914113 1 FF050DXEA0275367 2015 John Deere 85G Excavator 3I28/1B'WNW 2015 John Deere 60G Compact Excavator 10/26/15 1 FF060GXHEJ286232 2015 John Deere Mini Excavator 50G 11.21.16 1 FF050GXVFH282916 2015 Bobcat Compact Excavator E26 1.31.17 B33213018 relabeled to EX011. At -Bobcat Mini 'Excavator E50 (Lease)-' _ -!2 �A OWN7 _ 2618 Bobcat Mini Excavator E50' Lease _ 18 -: Ad11 8-4 2019 Bobcat Mini Excavator E85 (owned- GPS) 10/20/21 B48412131 2019 Yanmar V1050-6A Blade Excavator E-50 4.12.19 YMRV1050CJAJ60810 2020 Bobcat E55 Comp. Excavator, w/ Buckets 3/31/20 . AJ1915838 - 2020 Bobcat E55 Cgmp. Excavator w/Buckets 3/31120 AJ1915843 2020 Cat Mini EX 308 NG w/COUPLER/HYP Thum 6/17/20 GG802671 2020 Cat mini EX 306-07 with CAB/HYD Coupler/ T 8/9/20 CAT00306A6G601260 2020 Bobcat E55' Excavator with 24 in Bucket ; . 1 /22/21 AJ1915840 Bobcat E 35=Brandon's Crew- Rental not.purchase ,. MX 017 MX 018 MX 019 MX 020 MX 021 MX 022 MX 023 MX 024 MX 025 EX` 001- EX^. _ 002 EX 003 EX; 604 EX 005 EX 006 EX 007 - -- -- EX 010 EX 011 EX 012 EX 013 EX 014 EX 015 EX 016 EX 017 EX 018 EX 019 EX 020 EX 021 _L MB` `001 MB 002 MB 003 MB 004 MB 005 MBS 001 FL 001 FL 002 FL 003 FL 004 AT 001 AT 002 AT 004 AT�006 AT 007 202.1 Bobcat E60 Mini EX C52-P64 with'24 " bucket 7/12121 . _. B4GR11780 2021 ' Bobcat E60 Mini EX C52 P64 with 24 " bucket 7/12/21 84GR11811 2021' Bobcat E60 Mini EX C52 P64 with 24 ".bucket 7/12/21 B4GR11805 2021 *Mini,Hydraulic EX E88 Bobcat - 11/1/21. B4NM11091 2015 JD 50G MINI EX 3/16/2022 1FF050GJFH282895 2015 JD 35G Mini EX 3/16/22 1 FF035GXCEK272785 2023 Bobcat E60 Mini EX 6/1/23 134GR15232 2016 Yanmar SV100-2A Mini Excavator 6/20/23 YMRSV1 OOLGAJAF067 2019 Yanmar YP-V1080 7-8 ton hydraulic excavator 8/1/23 AG539 2013 Volvo Track Hoe Excavator_EC220DL e 4, ' 8/29114:-, 'VCEC220DV00210495 2014 Volvo Excavator EC220DL 12/28/15 VCEC220DPO6210720 ,Hitachi excavator with rubber tracks 5/1115 1 FF01=27.0434. 2012 KOMATSU Excavator PC-490-LC 8/2116. KMTPC239C54A40062 2018 CAT 320 Excavator 7/31/18 HEX01683 2014 CAT 336FL Excavator 4/1/19 RKB00366 2015 CAT 316 Excavator w/ Bucket 12/5/19 DZWO1986 2011 Cat 3200; Excavator(Hydraulic)', 2/11/20 CAT0320DKSPNO1275 2013 Caterpillar 329EL Hydraulic Excavator 4/21/20 CAT0329EKZCDO0279 2016 John Deere Excavator 245G (Excavator) 11.17.17 1 FF245GXHFE600936 2016 Komatsu PC138USLC-11 Hydraulic Excavator 6/23/20 KMTPC261 PFA50009 2015 Case Trackhoe CX250 D 11/19/20 CX250DNFSM1134 2015 Cat 349FL Hydraulic Ex 12/14/20 CAT0349FAHPDO0493 2018 Volvo EC250E Track Hoe w/ Attachments 3/26/21 VCEC250EK00310439 2011 Cat 349 Excavator with 54" bucket 9/28/21 CAT0349EJDGE00252 2020 Cat 330 with 60 in bucket 1/21/22 OWCH10357 2020 Cat 330 with 60 in bucket 1/21/22 OWCH10343 2013 Komatsu PC490LC-10 3116/22 A40339 2017 YP-Yanmar SV100 Hydraulic Excavator 9-10 t 3/23/23 AF300 2017 YP YAN MAR SV100 Hydraulic Excavator 6/14/23 AF226 20�osco KB4SBroom "Gutter"°Brom : , ` ` 912105 ; ::.', F ._38728 . 2016 BROCE Model CRT 350 Broom 8/9/17 409590 2013 BROCE BROOM CR 350 2.28.19 408377 Broce Broom KR 350 9/30/19 S# 409603 2017 Broce broom CRT350 3/16/22 410095 1998 Freightliner FL70 Street Sweeper 12/10/20 1 FV6HFAA6WH971306 HYSTER H90FT forklift HT90FT 11/14/14 P005VO1801F 2005 1OkReach Lift (Skylift) 4/26/16 160018168 Condor Reach Lift (Shop only) 3363 2016 Telehandler (Skylift forklift) 9/11/20 OML500538 2011 Atlas Copco XAS185 Portable Air Compressor 783720736 *80"CI HD bucket 4/23/18 1159529 .*24"AaSt cut Planer X 1+ 8f16111 �T.. 23171.33353 2011 Bobcat 73" Smooth Vibratory Roller AFLE00181 *80" Cutting Edge For Bobcat trenched e_ : 5/14/12. ' '45401995 2012 - 80" bucket 5/8/15 1100862 *18" bucket with teeth 12/21/12 AT358512 AT 008 AT 009 AT 010 ~ AT 012 AT 013 *HYD clamp 12/21/12 AT397391 *42" bucket no teeth 12/21/12 AT408385 2015 Hydraulic Breaker (Bobcat attachment) 7/21/15 BESO46797 74"' Low Profile, Bucket 10/19/07 6731421 2013 Bobcat 72" Sweeper 10/21/13 783730663 *80" Bucket 11/7/13 1075693 AT' 014 ATk� a� 015 .fin" m TIM+'_ 01,6ha� 3. i. ( kO17 �� s > t r. :f 3 Ay.,Ts� EN' .Y�,018 -r a,r - f�. A•TlE, 019 : }* tie � T0.�F K4t�•�{ `n yT' i *80,bucketMFGr2014 619114r�` _ �24�"�PIanerMF,G �k619/14 ,AJN702940 ' E'�` 3 18 ,8 Boom heavy�auty�7 !#-'FF �' •:ytF� 1Q ,X:�i►'� "twigFyl,1p.'K';N'9�1+f' *Excavator bucket�, � � ft ..+aww,r ,wrs..� fi:: a t °4 812911�4 .0 _ 8129/14 { i r«�-.Mt. Ca la i$ JAY - r ` Y ,- _ -3:fe �iii-:All,_ �,ii 8e0ar ClIc,FB.+wu�cwke• t ..fi.r+rw ��"> 'Y + �` �'as, A' � h YYr �11s37"`z : r5--�0s�k 3Ea�:+N" �i'iA�'AF5..S2 a �,`- fF �, � spa. ;�Exeavatoa attachment y �S K d �Y'dO.MkaX #YN'�MYst+R ' �.+*i A ' T �673142. AT 021 AT 022 AT 023 AT 024 AT 025 AT 026 AT 027 AT 028 AT `- 030 AT 031 r AT ' ^ 032 AT 033' 2015 Skid Pro 72" Pick up Broom w/Bristles 6/30/15 106059 Skid Pro 72" Pick up Broom w/ Bristles 10/13/15 108942 John Deere PB72 Pickup broom 6/13/12 TOBP72X110023 *2014 Auger Drive 6/3/15 TH00912 *18" BIT -See AT 024 6/3/15 *24" hex bit- See AT024 6/3/15 *48" HEX EXTENSION -See AT024 613/15 *48" bucket for the Volvo 5/12/15 117279-220-48VO *68'` bucket MFG.2014. 8/28114 1088662 Dual GPS System for Dozer 6.29.17 2016 Impact Drop Hammer 7.6.17 Speed Bump Attachment 12:1.17 ' Custom Fab -Made W`Fork 86"' * - t 6:22:18 1158034 ,7;a AT 034 AT 035 AT ^ 036 _ . AT 037 :. AT 038 AT 039 AT 040 AT 041 AT �_ 042' f " ''' ' , AT 043 AT 044 x' AT,�� J 045 AT 046 AT 047 AT 048 AT 049 AT 050 AT 051 AT 052 AT 053 AT 054 201912M3 GPS w/ Base Station (2) 4.2.19 N9F01223 GCS900 DUAL 2007 Genie S40 Boom Lift 3/19/20 S4007-12371 2015 Bobcat 68" Bucket. 6/20116 1111793 2016, Bobcat,68," Bucket 6/20116_ 2016 Bobcat T590-68" Bucket w/ forks 5/10/19 68" Bucket w/ forks for Bobcat Skid Steer 5/28/19 Mode16731406 & SPV48 2019 Bobcat-2018 80" Bucket/2019 Breaker 5/14/19 Bkt#1163578&Bkr#B37N00324 2019 Bobcat-2018 80" Bucket 5/14/19 Bucket S# 1180848 2018. Bobcat-80: LP ,Bucket- '. _ 8/29/18 - _ -Bucket S# 1151030 _ i - 36"ToothBkt&42"Smooth Bkt for MX011 4/12/19 No S# 8" Core Drill Bit w/ 100' Gilmore Hose 10/18/17 N S# 36" Bucket &Hyyd Clamp fo'r MX010 6119119 - B48P01012 36" Strickland & 48" JD Buckets for MX007 11/17/17 TA005430 & TA004389 60" Forks and 3.75 YD Bucket for WL006 3/11/19 WT5F119477 & 150101675 3.5 Yd Bucket & 72' Forks 2/12/20 15102777 & WT4F13637 18" tracks.-24",Bucket8� 36"Bucket for MX003 . .' 3/28116.' TAO03417 & TA004047 Bucket for 2015 Cat Excavator 12-6-119 S#17NE1366 JD 96" Forks-72"Forks & 3.5 yd Bucket 10/22/15 J000066399-1-TA004031- EB40 Bucket w/ teeth For 2013 Volvo Ex 8/24/14 7487301 Hyd Clamp & Bucket for 2013 JH M-Ex 9/4/13 AT397391 & AT317647 42"& 18" Bucket & 2 Sets Clamps 10/26/15 T408385-AT439375-275467 8 AT 055 AT 056 AT 057 AT 058 AT 059 AT 060 AT 061 AT 062 AT 063 AT 064 AT 065 AT 066 AT 067 AT 068 AT 069 AT O70 AT 071 AT 072 AT 073 AT 074 AT 075 AT 076 AT 077 AT 078 AT 079 AT 080 AT 081 AT 082 AT 083 AT 084 AT 085 AT 086 Fork set for 2011 Komatsu Loader 3/23/17 No# 42" Bucket w/ Side Cutters for 2018Cat Ex 7/31/18 18NE2228 79' Workbridges (2) & Railes for 2011 Birdwell roller 8/15/18 No S# 2017 Bobcat HN980 Braker Assy-Drop Hammer 1/23/18 AOOY23095 MULCH ER TEETH 4/23/20 NO S# 7 CY Forklift Debris Box 4/23/20 No S# 7 CY Forklift Debris Box 4/23/20 NO S# DOT-Z1 PRO DISTANCE MEASURING INSTRUME 8/14/20 ASIN#B0076SZQM6 42" Bucket from Doggett for 2015 Komatsu 8/12120 S#31637-07L 42" Bucket -Strickland 210G -SL 11/23/20 S# 0005001261-37 GP Bucket and Construction Forks 5/7/21 No S No. 54" BUCKET-CB2 Linkage 4/29/20 S#20NE0443 12" 306 BUCKET (282-2785 w/ PINS (464-9907) 3/8/21 2 SKI'S FOR ASPHALT PAVER 3118/21 S# 2ONE0493 & 20NE1051 Hyd Coupler & Thumb/24" Digging Bkt&47" Grinding 8/19/20 No # 4" Base Line Steel Forms/2 Pockets 10" length 8/17/21 Item# NS304-001 4"X10' Flexible Radius Forms 8/17/21 Item#1 04-001 (NS01 04-001 KL30000 Automatic 6"-12" Barrier Lift 9/23/21 6538092101 KL30000 Automatic 6"-12" Barrier Lift 9/23/21 6538092103 72" Bobcat Sweeper attachment 10/29/21 65AC00772 72" Bobcat Sweeper attachment 10/29/21 B5AC00916 KL12000TLP Automatic Barrier Lift 28" 10/7/21 6324062103 KL12000TLP Automatic Barrier Lift 28" 1017/21 6479082102 36" bucket for Cat 349 4/22/21 MHC08448 60" Conveyor Assembly for 2000 Gomaco 12/7/21 GOM500 2022 Sitech GPS System 3110/22 Control Box SN:1540J005SW; Receiver SN:3510J560SY; Radio SN:2101J043SQ 2022 Sitech GPS System 3/10/22 Control Box SN:3400J103SW; Receiver SN:1351J552SY; Radio SN:2101J067SQ Trackhoe"V" Bucket -Made by Damon Wise 6/2/22 Home Made Bomag BT65 -Vibratory Tamper 6/16/22 1.01541 E+11 2022 Sitech GPS System 4/6/22 Control Box SN:3400J119SW; Receiver SN:0412J556SY & 0392J597SY; Radio SN:2531J017SQ 2022 Sitech GPS System 4/6/22 Control Box SN:2140J029SW; Receiver SN:0412J543SY & 0392J602SY; Radio SN:2501J040SQ 24" Planer High Flow Bobcat 8/26/22 AJN706306 NEOGOV'" SERVICES AGREEMENT V071423 PUWerDMS Digital Management Software A NEOGOV Cw"m You agree that by placing an order through a NEOGOV standard ordering document such as an "Order Form", "Service Order," "Ordering Document," "SOW" or other document mutually agreed by the parties detailing the services, pricing and subscription term (each, an "Order Form" for purposes of this Agreement), you agree to follow and be bound by the terms and conditions set forth herein. "Govemmentjobs.com", "NEOGOV", "we", and "our" means Governmentjobs.com, Inc. (DB/A/ NEOGOV), for and on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (DB/A/ PIanIT Schedule), and Design PD, LLC (DB/A Agency360) (collectively, "NEOGOV" and, where applicable, its other affiliates; "Customer", "you", "your" means the NEOGOV client, customer, and/or the subscriber identified in the Order Form). "Services Agreement" or the "Agreement" shall be used to collectively refer to this NEOGOV Services Agreement, documents incorporated herein including the applicable Order Form, each Addendum (as applicable), and Special Conditions (if any). "Addendum" means each Addendum set forth either as an Exhibit hereto or otherwise made available at https://www.neogov.com/service-specifications (the "NEOGOV Site") and, as applicable, made a part of this Agreement. "Special Conditions" means individually negotiated variations, amendments and/or additions to this Service Agreement of which are either drafted, or incorporated by reference, into the Order Form. Provision of Services. Subject to the terms of this Agreement NEOGOV hereby agrees to provide Customer with access to its SaaS Applications and Professional Services (each defined below) included or ordered by Customer in the applicable Order Form (collectively referred to as the "Services"). Customer hereby acknowledges and agrees that NEOGOV's provision and performance of, and Customer's access to, the Services is dependent and conditioned upon Customer's full performance of its duties, obligations and responsibilities hereunder. This Agreement entered into as of the earlier of: (i) date of your signature on an applicable Order Form; or (ii) use of the Services commences (the "Effective Date"). The Agreement supersedes any prior and contemporaneous discussions, agreements or representations and warranties. 2. SaaS Subscription. a) Subscription Grant. "SaaS Applications" means each proprietary NEOGOV web -based software -as -a -service application that may be set forth on anOrder Form and subsequently made available by NEOGOV to Customer, and associated components as described in any written service specifications made available to Customer by NEOGOV (the "Service Specifications"). Subject to and conditioned on Customer's and its Authorized Users' compliance with the terms and conditions of this Agreement, NEOGOV hereby grants to Customer a limited, non-exclusive, non -transferable, and non- sublicensable right to (i) onboard, access and use, and to permit Authorized Users to onboard, access and use, the SaaS Applications specified in the Order Form solely for Customer's internal, non-commercial purposes; (ii) generate, print, and download Customer Data as may result from any access to or use of the SaaS Applications; and (iii) train Authorized Users in uses of the SaaS Applications permitted hereunder (these rights shall collectively be referred to as the "SaaS Subscription"). "Authorized Users" means (1) Customer employees, agents, contractors, consultants ("Personnel") who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Services Agreement and (2) for whom access to the Services has been purchased hereunder. You shall not exceed the usage limits (if any) as detailed in the user tier in the applicable Order Form. You may not access the SaaS Applications if you are a direct competitor of NEOGOV or its affiliates. In addition, you may not access the SaaS Applications for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes. You shall be responsible for each Authorized User's access to and use of the SaaS Applications and compliance with applicable terms and conditions of this Agreement. b) Subscription Term. Unless otherwise specified in an applicable Order Form, SaaS Subscriptions shall commence on the Effective Date and remain in effect for twelve (12) consecutive months, unless terminated earlier in accordance with this Agreement (the "Initial Term"). Thereafter, SaaS Subscriptions shall automatically renew for successive twelve (12) month terms (each a "Renewal Term" and together with the Initial Term, collectively, the "Term") unless a party delivers to the other party, at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term, written notice of such parry's intention to not renew the SaaS Subscriptions, or unless terminated earlier in accordance with this Agreement. The Term for the Services is a continuous and non -divisible commitment for the full duration regardless of any invoice schedule. The purchase of any Service is separate from any other order for any other Service. Customer may purchase certain Services independently of other Services. Your obligation to pay for any Service is not contingent on performance of any other Service or delivery of any other Service. 3. Customer Responsibilities. Customer will not, and will ensure its Authorized Users do not (a) make any of the Services available to anyone other than Authorized Users or use any Services for the benefit of anyone other than Customer and its Authorized Users, unless otherwise agreed in writing by the parties, (b) sell, resell, license, sublicense, distribute, make NEOGOV'" PVWerDMS Digital Management Software A NEOGOV Compam/ available, rent or lease any of the Services, or include any of the Services in a service bureau or outsourcing offering, unless otherwise agreed in writing by the parties, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the privacy rights, publicity rights, copyright rights, or other rights of any person or entity, (d) use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses, (e) interfere with or disrupt the integrity or performance of the Services (including, without limitation, activities such as security penetration tests, stress tests, and spamming activity), (f) attempt to gain unauthorized access to the Services or its related systems or networks, (g) disassemble, reverse engineer, or decompile the Services, or modify, copy, or create derivative works based on the Services or any part, feature, function or user interface thereof, (h) remove the copyright, trademark, or any other proprietary rights or notices included within NEOGOV Intellectual Property and on and in any documentation or training materials, or (i) use the Services in a manner which violates the terms of this Agreement, any Order Form or any applicable laws. 4. Professional Services. "Professional Services" shall mean professional services purchased by Customer as detailed in an applicable Order Form or NEOGOV Scope of Work (SOW) describing the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Professional Services may include training, implementation, and best practices of and concerning the SaaS Applications. Professional Services are subject to the terms of the Professional Services Addendum made available on the NEOGOV Site and made a part hereof and may be subject to additional terms pursuant to an SOW and Service Specifications describing, if applicable, the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Order Forms or SOWS must be signed by Customer before NEOGOV shall commence work. If Customer executes a separate SOW, this Agreement and documents incorporated herein (including but not limited to the Professional Services Addendum) shall control in the event of a conflict with the terms of the SOW. All Professional Services purchased by Customer must be utilized within twelve (12) months of the date of the applicable Order Form or SOW. 5. Payment Terms. a) Fees. Customer shall pay all Subscription, Onboarding and Set -Up fees ("Subscription Fees") and Professional Service fees ("Professional Service Fees", collectively the "Fees") as set forth in an Order Form within thirty (30) days of the date of NEOGOV's invoice. Fees shall be invoiced annually in advance and in a single invoice for each Term. Unless explicitly stated otherwise in an Order Form, all payments due under an Order Form are expressed in and shall be paid in U.S. dollars. Invoices shall be delivered to the stated "Bill To" party on the Order Form. Unless explicitly provided otherwise, once placed the Order Form is non -cancellable and sums paid nonrefundable. Any invoiced amount that is not received by NEOGOV when due as set forth in an Order Form will be subject to a late payment fee of 1.5% per month or the maximum rate permitted by law, whichever is lower. If any amount owing by Customer is more than 30 days overdue, NEOGOV may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full. If Subscription Fees are based upon the Authorized User or employee count as may be specified in an Order Form, Customer shall owe NEOGOV supplemental Subscription Fees to the extent Customer exceeds the number of Authorized Users or employees set forth in the Order Form. Except as otherwise specifically stated in the Order Form, NEOGOV may change the charges for the Services with effect from the start of each Renewal Term by providing Customer with new pricing at least thirty (30) day notice prior to commencement of a Renewal Term. The new pricing shall be deemed to be effective if Customer (a) returns an executed Order Form to NEOGOV, (b) remits payment to NEOGOV of the fees set forth in the invoice referencing the new pricing, or (c) the Customer or any of its Authorized Users access or use the Services after the expiration of the previous Term. b) Taxes. Customer will pay all taxes, duties and levies imposed by all federal, state, and local authorities (including, without limitation, export, sales, use, excise, and value-added taxes) based on the transactions or payments under this Agreement, except those taxes imposed or based on NEOGOV's net income or those exempt by applicable state law. Customer shall provide NEOGOV with a certificate or other evidence of such exemption within ten (10) days after the Effective Date of this Agreement and thereafter upon NEOGOV's request therefor. c) Purchase Orders. Any reference to a purchase order in an Order Form or any associated invoice is solely for Customer's convenience in record keeping, and no such reference or any delivery of services to Customer following receipt of any purchase order shall be deemed an acknowledgement of or an agreement to any terms or conditions referenced or included in any such purchase order. If a purchase order is delivered by Customer in connection with the purchase of Services, none of the terms and conditions contained in such purchase order shall have any effect or modify or supersede the terms and conditions of this Agreement. NEOGOV's failure to object to terms contained in any such purchase order shall not be a waiver of the terms set forth in this provision or in this Agreement. 6. Term and Termination. 2 NEOGOV" P(DWerDMS Digital Management Software A NEOGOV Company a) Term. This Agreement shall commence on the Effective Date and shall remain in effect until all SaaS Subscriptions have expired and/or both parties have achieved full performance of Professional Services, unless it is terminated earlier in accordance with this Agreement. b) Termination for Cause, Effect of Termination. Either Party may terminate this Agreement immediately if the other is in material breach of this Agreement and such breach is not cured within thirty (30) days following non -breaching parry's written specification of the breach. NEOGOV may suspend the Services or terminate this Agreement immediately in the event the Services or Customer's use of the Services provided hereunder pose a security risk to the Services, NEOGOV or any third party, or become illegal or contrary to any applicable law, rule, regulation, or public policy. Upon expiration or any termination of this Agreement, Customer shall cease all use and refrain from all further use of the Services and other NEOGOV Intellectual Property. Additionally, Customer shall be obligated to pay, as of the effective date of such expiration or termination, all amounts due and unpaid to NEOGOV under this Agreement. Unless otherwise specified, following 90 days after expiration or termination of the Agreement NEOGOV may remove Customer Data from NEOGOV Services and without Customer consent or notice. 7. Audit Rights. Upon reasonable notice, NEOGOV or its agent shall have the right to audit Customer's records relating to its compliance with this Agreement. Customer shall cooperate fully with this audit. If any audit conducted under this Section indicates that any amount due to NEOGOV was underpaid, Customer shall within three (3) business days pay to NEOGOV the amount due. All expenses associated with any such audit shall be paid by NEOGOV unless the audit reveals underpayment in excess of five percent (50/o), in which case Customer shall pay such expenses as well as any amount due to NEOGOV. 8. Maintenance: Modifications, Support Services. \ a) Maintenance. Updates, Upgrades. NEOGOV maintains NEOGOV's hardware and software infrastructure for the Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database security. NEOGOV may in its sole discretion, periodically modify, Update, and Upgrade the features, components, and functionality of the Services during the Term. "Update" means any update, bug fix, patch or correction of the Services or underlying NEOGOV software that NEOGOV makes generally available to its customers of the same module, excluding Upgrades. Updates are automatic and available upon Customer's next login to the Services following an Update at no additional cost to Customer. "Upgrade" means any update of the Services or underlying NEOGOV software such as platform updates, and major product enhancements and/or new features that NEOGOV makes commercially available. NEOGOV shall have no obligation to provide Upgrades to customers and retains the right to offer Upgrades free of cost or on a per customer basis at additional cost. NEOGOV shall have no liability for, or any obligations to, investments in, or modifications to Customer's hardware, systems or other software which may be necessary to use or access the Services due to a modification, Update, or Upgrade of the Services. b) Program Documentation, Training Materials. "Program Documentation" shall mean all user guides, training, and implementation material, and Service descriptions provided by NEOGOV to Customer in connection with the Services. NEOGOV hereby grants to Customer a non-exclusive, non-sublicensable, non -transferable license to use, print, and distribute internally via non-public platforms, the Program Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Services. Primary training of NEOGOV Services is conducted by self - review of online materials. NEOGOV's pre -built, online training consists of a series of tutorials to introduce the standard features and functions (the "Training Materials"). The Training Materials may be used as reference material by Customer Personnel conducting day-to-day activities. c) Implementation. For Services requiring implementation, NEOGOV implementation supplements the Training Materials and is conducted off -site unless otherwise agreed in the Order Form. For an additional fee as detailed on an applicable Order Form, NEOGOV personnel will provide consultation on best practices for setting up the Services, answer Customer questions during the implementation period, and use commercially reasonable efforts to ensure Authorized User Admins grasp the system. The length of the implementation time is dependent on the type of Service and the Customer's responsiveness. NEOGOV is not responsible or liable for any delay or failure to perform implementation caused in whole or in part by Customer's delay in performing its obligations hereunder and, in the event of any such delay, NEOGOV may, in its sole discretion, extend all performance dates as NEOGOV deems reasonably necessary. d) Support Phone support for the Services is available to Customer Monday through Friday, excluding NEOGOV holidays. Customer may submit a request for online support for the Services 24 hours a day, seven days a week, and the NEOGOV support desk will acknowledge receipt of the request within a reasonable time. The length of time for a resolution of any problem is dependent on the type of case. e) Limitations. Unless otherwise specified in the Order Form, this Agreement does not obligate NEOGOV to render any maintenance or support services that are not expressly provided herein, including, but not limited to data uploads, manual TM PbwerDMS NEOGOV Digital Management Software A NEOGGV C*RWRY data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process consultation. 9. NEOGOV Intellectual Property. NEOGOV shall exclusively own all right, title and interest in and to all pre-existing and future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including any source code or object code) or Service Specifications related thereto, Updates or Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary rights embodied therein (collectively, the "NEOGOV Intellectual Property"). This Agreement does not convey or transfer title or ownership of the NEOGOV Intellectual Property to Customer or any of its users. All rights not expressly granted herein are reserved by NEOGOV. Other than recommendation use or as required by law, all use of NEOGOV trademarks must be pre -approved by NEOGOV prior to use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that functions as a source identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name, whether or not registered. 10. Data Processing and Privacy. a) Customer Data. "Customer Data" shall mean all data that is owned or developed by Customer, whether provided to NEOGOV by Customer or provided by a third party to NEOGOV in connection with NEOGOV's provision of Services to Customer, including Personnel data collected, loaded into, or located in Customer data files maintained by NEOGOV. NEOGOV Intellectual Property, including but not limited to the Services and all derivative works thereof, NEOGOV Confidential Information, and Platform Data do not fall within the meaning of the term "Customer Data". Customer exclusively owns all right, title, and interest in and to all Customer Data. Customer grants NEOGOV a license to host, use, process, display, create non -personal derivative works of, and transmit Customer Data to provide the Services. NEOGOV reserves the right to delete or disable Customer Data stored, transmitted or published by Customer using the Services upon receipt of a bona fide notification that such content infringes upon the intellectual property rights of others, or if NEOGOV otherwise reasonably believes any such content is in violation of this Agreement. b) PIatform Data. "Platform Data" shall mean any anonymized data reflecting the access to or use of the Services by or on behalf of Customer or any user, including statistical or other analysis and performance information related to the provision and operation of the Services including any end user visit, session, impression, clickthrough or click stream data, as well as log, device, transaction data, or other analysis, information, or data based on or derived from any of the foregoing. NEOGOV shall exclusively own all right, title and interest in and to all Platform Data. Customer acknowledges NEOGOV may compile Platform Data based on Customer Data input into the Services. Customer agrees that NEOGOV may use Platform Data to the extent and in the manner permitted under applicable law. Such anonymized data neither identifies Customer or its users, nor can Customer or any its users can be derived from such data. c) Data Processing Agreement. To the extent Customer uses the Services to target and collect personal information from users located in the European Union, European Economic Area, or Switzerland (the "EU") or the United Kingdom ("UK'), or has Authorized Users accessing the Services from the EU or UK, the terms of the NEOGOV Data Processing Addendum ("DPA") made available on the NEOGOV Site is hereby incorporated herein by reference and made part of this Agreement. d) Data Responsibilities. i) NEOGOV will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Customer Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Customer Data by NEOGOV personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by applicable law, or (c) as Customer expressly permits in writing. Customer acknowledges and agrees that it is commercially reasonable for NEOGOV to rely upon the security processes and measures utilized by NEOGOV's cloud infrastructure providers. ii) Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Data, including but not Iimited to compliance with applicable Iaws. NEOGOV will have no responsibility or liability for the accuracy of the Customer Data prior to receipt of such data into the Services. Without limiting the foregoing, Customer shall be solely responsible for and shall comply with all applicable laws and regulations relating to (a) the accuracy and completeness of all information input, submitted, or uploaded to the Services, (b) the privacy of users of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer Data relates; and (c) the collection, use, modification, alteration, extraction, retention, copying, external storage, disclosure, transfer, disposal, and other processing of any Customer Data. NEOGOV is not responsible for lost data caused by the action or inaction of Customer or Authorized Users. Unless 4 NEOGOV" P(bWerDMS Digital Management Software A NEOGOV CW,P" otherwise mutually agreed in writing, Customer shall not maintain any financial, health, payment card, or similarly sensitive data that imposes specific data security or data protection obligations within the Services. Customer shall provide and institute all appropriate tools and procedures required to ensure the security of its own information system and, more specifically, to prevent, detect and destroy the occurrence of any viruses. e) Breach Notice. NEOGOV will notify Customer of unauthorized access to, or unauthorized use, loss or disclosure of Customer Data within its custody and control (a "Security Breach") within 72 hours of NEOGOV's confirmation of the nature and extent of the same or when required by applicable law, whichever is earlier. Each party will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If applicable law or Customer's policies require notification of its Authorized Users or others of the Security Breach, Customer shall be responsible for such notification. f) Data Export. Retention and Destruction. Customer may export or delete Customer Data from the Services at any time during a Subscription Term, using the existing features and functionality of the Services. Customer is solely responsible for its data retention obligations with respect to Customer Data. If and to the extent Customer cannot export or delete Customer Data stored on NEOGOV's systems using the then existing features and functionality of the Services, NEOGOV will, upon Customer's written request, make the Customer Data available for export by Customer or destroy the Customer Data. If Customer requires the Customer Data to be exported in a different format than provided by NEOGOV, such additional services will be subject to a separate agreement on a time and materials basis. Except as otherwise required by applicable law, NEOGOV will have no obligation to maintain or provide any Customer Data more than ninety (90) days after the expiration or termination of this Agreement. Customer acknowledges that it is solely responsible for determining any retention requirements with respect to the Customer Data as required by applicable law and NEOGOV disclaims all liability in connection with such determination. In addition, to the extent Customer requests that NEOGOV retain Customer Data beyond the expiration of the retention period required by applicable law, rule or regulation, NEOGOV disclaims all liability in in connection with retaining such Customer Data including but not limited to any claims related to loss or destruction of such Customer Data. 11. Third Party Services. The Services may permit Customer and its Authorized Users to access services or content provided by third parties through the Services ("Third Party Services"). Customer agrees that NEOGOV is not the original source and shall not be liable for any inaccuracies contained in any content provided in any of the Third Party Services. NEOGOV makes no representations, warranties or guarantees with respect to the Third Party Services or any content contained therein. NEOGOV may discontinue access to any Third Party Services through the Services if the relevant agreement with the applicable third party no longer permits NEOGOV to provide such access. If loss of access to any Third Party Services (to which Customer has a subscription under this Agreement) occurs during a Subscription Term, NEOGOV will refund to Customer any prepaid fees for such Third Party Services covering the remainder of the Subscription Term. 12. Nondisclosure. a) Definition of Confidential Information. "Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes its Customer Data. NEOGOV Confidential Information includes the NEOGOV Intellectual Property and the Services. The Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party. b) Obligations. The Receiving Party will: (i) use the same degree of care it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care); (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not less protective of the Confidential Information than those herein. c) Exceptions. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the NEOGOV'" P(bWerDMS Digital Management Software ae Owic� extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. d) Equitable Relief. The parties recognize and agree there is no adequate remedy at law for breach of the provisions of the confidentiality obligations set forth in this Section 12, that such a breach would irreparably harm the Disclosing Party and the Disclosing Party is entitled to seek equitable relief (including, without limitation, an injunction) with respect to any such breach or potential breach in addition to any other remedies available to it at law or in equity. 13. Representations. Warranties. and Disclaimers. a) Mutual Representations. Each party represents and warrants to the other party that (i) it has full power and authority under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (ii) to its knowledge, the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, instrument or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over it. b) Service Performance Warranty. NEOGOV warrants that it provides the Services using a commercially reasonable Ievel of care and skill and in a professional manner in accordance with generally recognized industry standards for similar services. c) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES Is AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE, OR THAT ANY ERROR WILL BE CORRECTED. d) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR WITH RESPECT TO ANY THIRD PARTY SERVICES. e) No Medical Advice. Through certain Services, NEOGOV may make certain telehealth related information available to Customer and/or facilitate user access to teIemedicine, expert medical services, and/or emergency medical services. NEOGOV is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers' acts, omissions or for any content or communications made by them. The Services do not provide medical advice and do not create a healthcare provider/patient relationship between Customer and NEOGOV or otherwise. Any Services, or content accessed from the Services, are for informational purposes only and do not constitute medical advice. Customer should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions, whether as a result of using Services or otherwise. NEOGOV IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER TREATMENT OR INFORMATION THAT CUSTOMER OR ITS USERS MAY OBTAIN THROUGH THE USE OF THE SERVICES. 14. Indemnification. a) Customer Indemnity. To the extent permitted by applicable law, Customer will defend and indemnify NEOGOV from and against any claim, demand, suit or proceeding made or brought against NEOGOV (i) by a third party alleging that any Customer Data infringes or misappropriates such third parry's intellectual property rights, (ii) in connection with Customer's violation of any applicable laws, or (iii) any claim or allegation by any third party resulting from or related to Customer's or any of its Authorized User's breach of Section 3 of this Agreement. b) NEOGOV Indemnity. Subject to subsections 14(b)(i) through 14(b)(iii) and 14(c) of this Section, if a third party makes a claim against Customer that any NEOGOV intellectual property furnished by NEOGOV and used by Customer NEOGOV'" P(bWerDMS Digital Management Software A NEOGOV CwgV7 infringes a third parry's intellectual property rights, NEOGOV will defend the Customer against the claim and indemnify the Customer from the damages and liabilities awarded by the court to the third -party claiming infringement or the settlement agreed to by NEOGOV. i) Alternative Resolution. If NEOGOV believes or it is determined that any of the Services may have violated a third parry's intellectual property rights, NEOGOV may choose to either modify the Services to be non -infringing or obtain a license to allow for continued use. If these alternatives are not commercially reasonable, NEOGOV may end the subscription or license for the Services and refund a pro-rata portion of any fees covering the whole months that would have remained, absent such early termination, following the effective date of such early termination. ii) No Duty to Indemnify. NEOGOV will not indemnify Customer if Customer alters the Service or Service Specifications, or uses it outside the scope of use or if Customer uses a version of the Service or Service Specifications which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Services or Service Specifications which was provided to Customer, or if the Customer continues to use the infringing material after the subscription expires. NEOGOV will not indemnify the Customer to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by NEOGOV. NEOGOV will not indemnify Customer for any portion of an j infringement claim that is based upon the combination of Service or Service Specifications with any products or services not provided by NEOGOV. NEOGOV will not indemnify Customer for infringement caused by Customer's actions against any third party if the Services as delivered to Customer and used in accordance with the terms of the j Agreement would not otherwise infringe any third -party intellectual property rights. I� iii) Exclusive Remedy. This Section provides the exclusive remedy for any intellectual property infringement claims or damages against NEOGOV. c) Indemnification Procedures. In order to receive the indemnities described hereunder, the indemnified party must: (i) promptly notify the indemnifying party, in writing, of any claim; (ii) cooperate reasonably with indemnifying party, at the indemnifying party's expense, in the defense and/or settlement thereof; and (iii) allow the indemnifying party to control the defense and/or settlement thereof except that the indemnifying party may not, without the indemnified party's prior written consent, enter into any settlement that does not unconditionally release the indemnified party from liability. The indemnified party shall have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense, provided that ultimate control of such defense shall remain solely with the indemnifying party. 15. Limitations of Liability. a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. b) CAP ON MONETARY LIABILITY. EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED, OR CUSTOMER'S OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS AGAINST THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY NEOGOV FROM CUSTOMER IN CONNECTION WITH THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE DATE OF THE EVENT INITIALLY GIVING RISE TO SUCH LIABILITY. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. 7 NEOGOV" RbwerDMS Digital Management Software A NEOGOV CWV" 16. Reimbursement of Costs in Third Party Litigation. With respect to any litigation or other court proceeding involving Customer and a third party, if any subpoena or other legally binding request related to such litigation or court proceeding is served to NEOGOV requesting copies of documents maintained by NEOGOV or otherwise requesting NEOGOV to appear as a witness in any capacity or provide testimony with respect to Customer's documentation, Customer shall reimburse NEOGOV for its out-of-pocket costs associated with compliance with such request, including but not limited to NEOGOV's reasonable attorneys' fees. 17. Text Message Communications. NEOGOV may offer Personnel the opportunity to receive text messages regarding job application or hiring process reminders, applicant status updates, or other human resource related notices. Since these text message services depend on the functionality of third -party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of any third parties to receive such text messages. To the extent you utilize text messaging features, NEOGOV shall not be responsible for your use of such features, and you shall indemnify NEOGOV with respect to any damages resulting from your use including but not limited any violations of applicable law. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES. 18. Publicity. Unless otherwise provided in the applicable Order Form, NEOGOV may identify Customer as one of its customers and use Customer's logo for such purposes, subject to any trademark usage requirements specified by Customer. 19. Force Majeure. Except for Customer's payment obligations to NEOGOV, neither party shall be liable for any damages, costs, expenses or other consequences incurred by the other party or by any other person or entity for any act, circumstance, event, impediment or occurrence beyond such party's reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any Iaw, rule, regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays; (e) unavailability of supplies or materials; (f) fire or explosion; (g) riot, pandemic, military action or usurped power; (h) actions or failures to act on the part of a governmental authority; (i) internet service Interruptions or slowdowns, vandalism or cyber-attacks, or 0) any other cause beyond the reasonable control of such party. 20. Independent Contractor, No Third Party Beneficiary: Fulfillment Partners. The relationship of the parties shall be deemed to be that of an independent contractor and nothing contained herein shall be deemed to constitute a partnership between or a joint venture by the parties hereto or constitute either party the employee or agent of the other. Customer acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties. This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether referred to herein or not. NEOGOV may designate any third -party affiliate, or other agent or subcontractor (each a "Fulfillment Partner"), without notice to, or the consent of, Customer, to perform such tasks and functions to complete any Services. 21. Entire Agreement: Amendment: Addendum. This Services Agreement, the Exhibits hereto, each Addendum (as may be applicable pursuant to the terms therein) and documents incorporated herein, the applicable Order Form, and Special Conditions (if any) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the parties with respect to such subject matter. It is expressly agreed that the terms of this Agreement and any NEOGOV Order Form shall supersede the terms in any non-NEOGOV purchase order or other ordering document. Notwithstanding the foregoing, any conflict of terms shall be resolved by giving priority in accordance with the following order: 1) Special Conditions (if any), 2) NEOGOV Order Form, 3) the NEOGOV Services Agreement, and 4) incorporated documents (including the Exhibits and each applicable Addendum). This Agreement supersedes the terms and conditions of any clickthrough agreement associated with the Services. This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the parties to be bound. If you are subscribing for the HRIS or PowerEngage Platform, you hereby specifically agree to the terms of the applicable Addendum set forth on the NEOGOV Site. 22. General. a) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to conflict of law rules. Any legal action or proceeding relating to this Agreement shall be instituted only in any state or federal court in Los Angeles, California. 8 NEOGOV'" PUWerDMS Digital Management Software A NEOGOV Car"M b) Severability. If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect. Provisions that survive termination or expiration are those relating to, without limitation, accrued rights to payment, acknowledgements and reservations of proprietary rights, confidentiality obligations, warranty disclaimers, and limitations of liability, and others which by their nature are intended to survive. c) Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given either when personally delivered, one (1) business day following delivery by recognized overnight courier or electronic mail, or three (3) business days following deposit in the U.S. mail, registered or certified, postage prepaid, return receipt requested. All such communications shall be sent to (i) Customer at the address set forth in the Order Form and (ii) NEOGOV at the address specified in the applicable Order Form. d) Waiver. The waiver, express or implied, by either party of any breach of this Agreement by the other party will not waive any subsequent breach by such party of the same or a different kind. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together shall constitute one and the same instrument. e) Electronic Delivery. Delivery of a copy of this Agreement or an Order Form bearing an original signature by electronic mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the original signature. f) Assignment. Customer may not assign this Agreement without the express written approval of NEOGOV Any attempt at assignment in violation of this Section shall be null and void. g) Construction. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any' instrument to be drafted. The exhibits, addendum, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. h) Subcontractors. For purposes of this Agreement, including any subsequent documentation requested by Customer pursuant to this Agreement, subcontractors are those specifically hired to provide to NEOGOV some or all of the services that are the subject of this Agreement and who will have access to Customer personal data, and does not include the general provision of services or utilities which are also provided to NEOGOV's other customers as well as Customer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date set forth below, and consent to the Agreement. Customer GovermentJobs.com, Inc. (D/B/A/ NEOGOV), on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (DB/A/ PlanIT Schedule), and Design PD, LLC B/A A enc 360 Entity Name: (2'pao s C O t.t tiC-1 Signature: ignature: Print Name: P L P M E T E Print Name: Date: v I aq- I �O �3 Date: NEOGOV" Exhibit A Government Customer Addendum PUWerDMS Digital Management Sofhvar_e A NEOGOV Car*§M If Customer is a Government Customer, the following Government Customer Addendum ("Government Addendum") forms part of the Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this Addendum and any other provision of the Services Agreement, the terms of this Government Addendum shall control. For purposes hereof, a "Government Customer" means a Customer which is a (a) U.S. Federal agency, (b) state government, agency, department, or political subdivision (including a city, county or municipal corporation), or (c) instrumentality of any of the foregoing (including a municipal hospital or municipal hospital district, police or fire department, public library, park district, state college or university, Indian tribal economic development organization, or port authority). 1. Applicability. The provisions of this Addendum shall apply only if Customer is a Government Customer under the Services Agreement. 2. Termination for Non -Appropriation of Funds. If Customer is subject to federal, state or local law which makes Customer's financial obligations under this Services Agreement contingent upon sufficient appropriation of funds by the applicable legislature (or other appropriate governmental body), and if such funds are not forthcoming or are insufficient due to failure of such appropriation, then Customer will have the right to terminate the Services Agreement at no additional cost and with no penalty by giving prior written notice documenting the lack of funding. Customer will provide at least thirty (30) days advance written notice of such termination. Customer will use reasonable efforts to ensure appropriated funds are available. It is expressly agreed that Customer shall not activate this non -appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its fiscal operations. If Customer terminates the Services Agreement under this Section 2, Customer agrees not to replace the Services with functionally similar products or services for a period of one year after the termination of the Services Agreement. 3. Indemnification. If Customer is prohibited by federal, state or local law from agreeing to hold harmless or indemnify third parties, Section 14(a) and the indemnification provision included in Section 17 of the Services Agreement shall not apply to Customer, to the extent disallowed by applicable law. 4. Open Records. If the Customer is subject to federal or state public records laws, including laws styled as open records, freedom of information, or sunshine laws ("Open Records Laws") the confidentiality requirements of Section 12 of the Services Agreement apply only to the extent permitted by Open Records Laws applicable to the Customer. This Section is not intended to be a waiver of any of the provisions of the applicable Open Records Laws, including, without limitation, the requirement for the Customer to provide notice and opportunity for NEOGOV to assert an exception to disclosure requirements in accordance with the applicable Open Records laws. 5. Cooperative Purchasing. As permitted by law, it is understood and agreed by Customer and NEOGOV that any (i) federal, state, local, tribal, or other municipal government (including all administrative agencies, departments, and offices thereof); (ii) any business enterprise in which a federal, state, local, tribal or other municipal entity has a full, majority, or other controlling interest; and/or (iii) any public school (including without limitation K-12 schools, colleges, universities, and vocational schools) (collectively referred to as the "New Entity") may purchase the Services specified herein in accordance with the terms and conditions of this Agreement. It is also understood and agreed that each New Entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the New Entity and NEOGOV. With respect to any purchases by a New Entity pursuant to this Section, Customer: (i) shall not be construed as a dealer, re -marketer, representative, partner or agent of any type of NEOGOV, or such New Entity; (ii) shall not be obligated, liable or responsible for any order made by New Entities or any employee thereof under the agreement or for any payment required to be made with respect to such order; and (iii) shall not be obliged, liable or responsible for any failure by any New Entity to comply with procedures or requirements of applicable law or to obtain the due authorization and approval necessary to purchase under the agreement. Termination of this Agreement shall in no way limit NEOGOV from soliciting, entering into, or continuing a contractual relationship with any New Entity. Any New Entity who purchases Services under this Section hereby represents that is has the authority to use this Services Agreement for the purchase and that the use of the Services Agreement for the purchase is not prohibited by law or procurement regulations applicable to the New Entity. 6. Subcontractors. For purposes of this Agreement, including any subsequent documentation requested by Customer pursuant to this Agreement, the term "subcontractors" shall exclude subcontractors (i) who perform routine software development and maintenance services which are not specific to the Customer, (ii) subcontractors who will not have any 10 NEOGOV TM PUWerDMS Digital Management Software ANEOOOVCanpaq access to Customer Data, and (iii) subcontractors who have access to Customer Data solely within NEOGOV's or Customer's systems. 11 NEOGOV'" Exhibit B Integration Terms Addendum P(DwerDMS Digital Management Software A NEOGOV Company NEOGOV offers integrations and platform APIs for integrations to third party systems ("Integration Services"). Customer may use only those Integration Services purchased or subscribed to as listed within the NEOGOV Order Form. The following terms (the "Integration Terms Addendum") shall apply to the extent that Customer utilizes a system integration between the Services and either: (a) an affiliated integrated service, including those found at Lqs://api.neogov.com/connect/marketplace.html and/or httl)s:Hapidocs.powerdms.com ("Affiliated API") or to the extent that Customer utilizes a system integration between the Services and an unaffiliated third -party service ("Customer Application") integrated using NEOGOV's open API ("Open API"). Integration Services are not available for MUS Services and this Exhibit B shall not apply to HRIS Services. 1. Provision of Integrations. Subject to and conditioned on compliance with all terms and conditions set forth in this Agreement, NEOGOV hereby grants Customer a limited, revocable, non-exclusive, non -transferable, non-sublicensable license during the applicable Term to use and/or access the Affiliated API as described in this Agreement, or the Open API for communication between Customer's human resource related third application(s) that will interoperate with NEOGOV Services (collectively these uses shall be referred to as the "API" or "Integration"). Customer acknowledges there are no implied licenses granted under this Agreement. NEOGOV reserves all rights that are not expressly granted. Customer may not use the API for any other purpose without our prior written consent. Customer may not share the API with any third party, must keep the API and all log -in information secure, and must use the API key as Customer sole means of accessing the API. 2. Integration Intellectual Property. All right, title, and interest in the API and any and all information, data, documents, materials, inventions, technologies, know-how, descriptions, requirements, plans, reports, works, intellectual property, software, hardware, systems, methods, processes, and inventions, customizations, enhancements, improvements and other modifications based on or derived from the API are and will remain, as appropriate, with NEOGOV. All right, title, and interest in and to the third -party materials, includingall intellectual property rights therein, are and will remain with their respective third -party rights holders subject to the terms and conditions of the applicable third -party Iicense agreements. Customer has no right or license with respect to any third -party materials except as expressly licensed under such third -party license agreements. Inteuration Terms of Use. Except as expressly authorized under this Agreement, you may not remove any proprietary notices from the API; use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rightor other right,of any person, or that violates any applicable law; combine or integrate the API with any software, technology, services, or materials not authorized by NEOGOV; design or permit Customer Application(s) to disable, override, or otherwise interfere with any NEOGOV-implemented communications to end users, consent screens, user settings, alerts, warning, or the like; use the API in any of Customer Application(s) to replicate or attempt to replace the user experience of the Services; or attempt to cloak or conceal Customer identity or the identity of Customer Application(s) when requesting authorization to use the API. 4. Customer Integration Responsibilities. Customer, Customer developed web or other software services or applications, and Customer third -party vendors that integrate with the API (collectively the "Customer Applications"), shall comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on hns://api.neoaov.com/connect/index.htmI and/or https://apidocs.powerdms.com from time to time. In addition, Customer will not use the API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email ("spam"),multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities. 5. Cooperation. If applicable, Customer shall timely provide such cooperation, assistance, and information as NEOGOV reasonably requests to enable the API. NEOGOV is not responsible or liable for any late delivery or delay or failure of performance caused in wholeor in part by Customer's delay in performing, or failure to perform, any of its obligations under this Agreement. NEOGOV will provide Customer maintenance and support services for API issues arising from the information technology designed, developed, and under then current control of NEOGOV. NEOGOV shall have no obligation to provide maintenance or support for issues arising from the inaction or action of Customer or third parties of which are outside NEOGOV control. 6. Provision of Open API. In the event license fees or other payments are not due in exchange for the right to use and access the Open API, you acknowledge and agree that this arrangement is made in consideration of the mutual covenants set forth 12 TM PUWerDMS NEOGOV Digital Management Software A NEOGOV COO," in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. Notwithstanding the foregoing, NEOGOV reserves the right to charge for access with effect from the start of each Renewal Term by giving Customer at least ninety (90) day notice prior to commencement of a Renewal Term. 7. API Key. In order to use and access the Open API, you must obtain an Open API key through the registration process. Customer agreesto monitor Customer Applications for any activity that violates applicable laws, rules and regulation, or any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior. This Agreement does not entitle Customer to any support for the Open API. You acknowledge that NEOGOV may update or modify the Open API from time to time and at our sole discretion and may require you to obtain and use the most recent version(s). You are required to make any such changes to Customer Applications that are required for integration as a result of such Update at Customer sole cost and expense. Updates may adversely affect how Customer Applications communicate with the Services. 8. Efficient Processing. You must use efficient programming, which will not cause an overwhelming number of requests to be made in too short a period of time, as -determined solely by NEOGOV. If this occurs, NEOGOV reserves the right to throttle your API connections,or suspend or terminate your access to the Open API. NEOGOV shall use reasonable efforts to provide Customer notice and reasonable time to cure prior to taking such actions. 9. Open API Limitations. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NEOGOVBE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICTLIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN API; OR ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF FIFTY DOLLARS, EVEN IF NEOGOV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR NEOGOV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. 10. Open API Termination. Notwithstanding the additional Termination rights herein, NEOGOV may immediately terminate or suspend Customer access to Open APIs in our sole discretion at any time and for any reason, with or without notice or cause. In addition, your Open API subscription will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. 13 800.749.510 PowerDMS 2120 Park Pl.. Suite 100 byNEOGOV El Segundo, CA 90245 NEOGOV Records o .- Account Number: A-8251 Order A' Q-224172 Customer: Brazos County Sheriffs Office (TX) Valid Until: 10/26/2023 Employee Count: 216 Sales Rep: Salesforce Administrator Billing Contact: Brazos County Sheriffs Office (TX) Shipping Contact : Brazos County Sheriffs Office (TX) Garrett House Garrett House Billing Address: 1700 Highway 21 West Shipping Address: 1700 Highway 21 West Bryan, TX 77803 Bryan, TX 77803 Billing Contact Email: ghouse@brazoscountytx.gov Shipping Contact Email: ghouse@brazoscountytx.gov Billing Phone: 979-676-7053 Shipping Phone: 979-676-7053 Payment Term: Net 60 Notes: Updated product code from Agency360 to PowerFTO - New product PO Number: code/Pricing model. Subsc'�Iiptibn Service Item Type Start Date End Date Qty Total (USD) PowerFTO Subscription Recurring 10/26/2023 10/25/2024 1 $4,558.40 The PowerFTO Annual subscription provides an agency -wide license for unlimited number of programs and includes; Secure Storage on MS Azure Gov Servers, Mobile Accessibility, Email Notifications, Unlimited Late Form and Trainee Performance Alerts, Ongoing training resources, Ongoing software updates, Access to Industry Partnerships, Ongoing Support fc Maintenance. Quantity reflects one agency wide software -as -a -service subscription license up to the employee count specified above. TOTAL: ' $4,558.40 This price does NOT include any sales tax. Total in USD ;Wdidbh�[ Terms and . . Payment Terms: All invoices issued hereunder are due upon the invoice due date. The fees set forth in this Order Form are exclusive of all applicable taxes, levies, or duties imposed by taxing authorities and Customer shall be responsible for payment of any such applicable taxes, levies, or duties. All payment obligations are non -cancellable, and all fees paid are non-refundable. Payment for services ordered hereunder shall be made to PowerDMS, Inc., a wholly owned subsidiary of Govemmentjobs.com, Inc. (D/B/A NEOGOV). Terms & Conditions: This Order Form creates a legally binding contract on the parties. � Unless otherwise agreed in a written agreement between GovemmentJobs.com, Inc. (D/B/A/ NEOGOV), parent company of PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/AAgency360) (collectively, "NEOGOV") and Customer, this Order Form and the services to be furnished pursuant to this Order Form are subject to the terms and conditions set forth here: https: //www.neoeov.cam/service-specifications. The Effective Date (as defined in the terms and conditions) shall be the Subscription Start Date. e-Conditibrif 1. Section 22(a) of the Terms and Conditions is deleted in its entirety and replaced with the following: "Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, without giving effect to conflict of law rules. Any legal action or proceeding relating to this Agreement shall be instituted only in any state or federal court in Brazos County, Texas." Page 1 of 2 PowerDMS bYNEOGOV t 800349.5104 2120 Park'PI. Sulte 100 EI'Segundo, CA 90245 Accented and Agreed By Authorized Renresentative nf- NEOGOV Customer GovermentJobs.com, Inc. (DAB/At NEOGOV), on behalf, of . itself and its subsidiaries PowerDMS; Inc:, Cuehit, Inc., Ragnasoft LLC (DB/A/ PlanIT Schedule),.and Design PD, , LLC B/A Age nc 360 - - Entity Name: JM? �p � L r. Y ' Signature: Signature: Print Name: 6) L L (-Nr N IE� PI G—�.r Print Name: Date: LO ai L Date: THE INFORMATION AND PRICING CONTAINED IN THIS ORDER FORM IS STRICTLY CONFIDENTIAL. YOUR SIGNATURE CONSTITUTES ACCEPTANCE OF TERMS HEREIN AND CONTRACTUAL COMMITMENT TO PURCHASE THE ITEMS LISTED ABOVE. Page 2 of 2 OGov a"- 9:25 am, Oct 17 2023 : Order Form Order m:Q-07501127 THOMSONREUTERS' Contact your representative mike.renrZnnr�thomsonreuters.eom with any questions. Thank you, �_ a+`'::;[i�' '`��• � 7'S.x;� t . .r's '4 �.. �,-cr• .' : r t'i.:':=' a-.', - n:e;:::c ��. _ �r: tit., ar, t� v M. '$ubscr�ticr:irifGratloti :::'. - r`x}.,; : �s�ti';;� :SntiR •: _:.•%`,*.'�-•e�'t✓.:-i �o , • �. � ,���•�+ . 41, � u ;:ri.46! •k.•ti . .iln Ye:e.:'. r";.J�►,- {. t . - 5 '� •i--�1.ltl!. is!f. •ld".1� fl s rNiv.' 1 • t. rk" :,• ��'-c f l• Y��i: x ..� -.w i� � L :+f. �L,`• Q _ �,.r�l ..�; :•'.• �!• b Sold To Account Address Shipping Address Billing Address Account#: 1000613313 Account#:1000613313 Account#: I000613313 BRAZOS COUNTY SHERIFF BRAZOS COUNTY SHERIFF BRAZOS COUNTY SHERIFF TEMP ACCESS CLEAR TEMP ACCESS CLEAR TEMP ACCESS CLEAR 1700 W HIGHWAY 21 1700 W HIGHWAY 21 1700 W HIGHWAY 21 BRYAN TX 77803-1300 US BRYAN TX 77803.1300 US BRYAN, TX 77803-1300 US "Customer" Order Form is a legal document between Customer A, West Publishing Corporation to the extent that products or services will be provided by West Publishing Corporation, and/or B. Thomson Reuters Enterprise Centre OmbH to the extent that products or services will be provided by Thomson Reuters Enterprise Centre GmbH. A detailed list of products and services that are provided by Thomson Reuters Enterprise Centre GmbH and current applicable IRS Certification forms are available at: httpsJ/www.tr.com/trarderin ip nro West Publishing Corporation may also act as an agent on behalf of Thomson Reuters Enterprise Centre GmbH solely with respect to billing and collecting payment from Customer. Thomson Reuters Enterprise Centre GmbH and West Publishing Corporation will be referred to as "Thomson Reuters", "we" or "our," in each case with respect to the products and services it is providing, and Customer will be teferred to as "you", or "your" or "Client". Thomson Reuters General Terms and Conditions apply to all products ordered, except print and is located at urn://tr.coutrternisantiConditiotis. In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form, the terms of this Order Form control. This Order Farm is subject to our approval. Thomson Reuters General Terms and Conditions for Federal Subscribers is located at lutes•%/sintic leeal4olutions tiiomsonreuters conilstnti0fFederaj_TbQmsonReuters-General-'rerms-Conditions.odf In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form, the terms of this Order Form control, This Order Form is subject to our approval. ..�±s,' .'• L,rhvr�-,��,�,.; ,;... �..: .ro cx• ro c •.,,,,_,.. a.,:r,-�,.. „�•;:a. +r�;.: ' .y.ti.>:t�"'1 :rcn-i_' ��t�� ..�s_...el<?!✓g.n'Yir• .. i�;. •�• +.� /' .;.1�'•y':.,�� to}?7: .�.7�+ s '•� r ��� _�.• s'i:� .M,,Cnn.A91'o""w1.:Linn �.Mr,tnlotic.._ 51•.: rile. �-- �:_ '.•+::t{��::'`'.ti v.•. Material // Product Monthly Charges Minimum Terms I (Months) 41308780 CLEAR Proflex T $1,579.14 136 {ram.... :-•t;.. .n.. r�-•�•,...-+y. ._ _. .�-• r...f.,� um r.- Tq-,a,. .�,-^_r••; rr-•; � .-_..-,.,..•,..- .r.: -� -,— u. �. ':•', i• •RV• r' �gtr.T.� Z t'`$�� i . {u , ••f,. n`r y��_ �:t.^,��t"•!�.dr•,1 "_'•'_' .•,}_ •: ., ;• �'-:•,�: � •, 'IVliitlniTcrm4,..�-: _r� ...:. ,, ; •.T;_`. ri', �1 • • �.icw•s__i_r__ '. :.. '•2�ii:�_.r:.�� _. _ _i:.d.....s...� _ _ a.._ _., Your1 subscription is effective upon the date we process your order (''Effective Date'l a_� nd Monthly Charges will be prorated for the number or days remaining in that month, if any. Your subscription will continue fbr the number of months listed in the Minimum Term column above counting from the first day of the month following the Effective Data. Your Monthly Charges during the first twelve (12) months of'the Minimum Term arc as set forth above, If your Minimum Term is longer than 12 months, then your Monthly Charges for each year of the Minimum Term are displayed in the At the end of the Minimum 'term, we will notify you of any change in Monthly Charges at least 60 days before each 12-month term.starts. Either of us may cancel the Post -Minimum Term subscription by sending at least 30 days written notice. Federal Government Subscribers Optional Minimum Term, Federal government subscribers that chose a multi -year Minimum Term, those additional months will be implemented at your option pursuant to fcdcral law. +-•r-�--•---T—•--r— ,,—v----rn.-t-. - — , ._ .r_�-,ram.. .�.. �--•-�---;•-•�:---+. .._...-.� t.y..- s•_�.^. ... .Tr_-� _f••'•r;.- •<• =f.. .�r'�`y, .:�:: :r MlscellAneous,' ;, y`i.;r,_t. �., -,� `'i".. ...••. - L.__�._.._... _�.:.A....-..:....�....+.. r......�ns'+�7�t�._+..... _..�Iw.u.:.�2:i�►�._..�:1��t�`r......t.a•�_....._�_ .. Applicable Law. If you are a state or local governmental entity, your state's law will apply, and any claim may be brought in the state or federal courts located in your state. If you are a non -governmental entity, this Order Form shall be interpreted under Minnesota state law and any claim by one of us shall exclusively be brought in the state or federal courts in Minnesota. If you area United States Federal. Government subscriber, United States federal law will apply, and any claim may be brought in any federal court. Page] of4 Charges, Payments & Taxes. You agree to pay all charges in full within 30 days of the date of invoice. You are responsible for any applicable sales, use, value added,tax (VAT), etc. uniess you are tax exempt, If you are a non-govenlment subscriber and fail to pay your invoiced charges, you -are responsible for collection casts including attorneys' fees. aBilling Contact. All Invoices for this account will be eniafled to your e-Billing Contacts) unless you have notified -us thatyou would like to be exempt from e-Billing. Credit Verification, If you are applying for credit as an individual, we may request a consumer credit report to determine your creditworthiness. if we obtain a consumer credit report, you may request the name, address and telephone number of the agency that supplied the credit report. If you are applying for credit on behalf of a business, we may request a current business financial statement from you to consider your request. Cancellation Notification Address. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P.O. Box 64833, Eagan MN 55123-1803 Regulated Data. Due to the regulated or private nature of some data in our information products such as credit header data, motor vehicle data, driver license data and voter registration data, you may need to complete a credentialing process which will include certifying what your legally permissibld use of the data will be.. You agree to immediately notify as if any of the information you provided in your ordering document or during the credentialing process changes, You agree to and warrant that you are the end user of this data and that you will only use it for your own' internal business purposes, You also warrant that you will strictly limit the access, use and distribution of this data to user permitted under applicable laws, rules and regulations and as permitted by the third party additional terms. You will keep the data confidential, You will use industry standard administrative, physical and technical safeguards to protect the data. You will not disclose it to anyone except as necessary to carry out your permissible use. You will immediately report any misuse, abuse or compromise of the data. You agree to cooperate with any resulting inquiry. If we reasonably believe that the data has been misused, abused or compromised, we may block access without additional notice. You are responsible for all damages caused by misuse, abuse or compromise of the data by you, your employees and any person or entity with whom you shared• the data. We will be responsible for damages cause by us. We are not a consumer reporting agency. You may use information product data to support your own processes and decisions but you may not deny any service or access to a service to a consumer based solely upon the information product data. Examples of types of service include eligibility for credit or insurance, employment decisions and any other purpose described in the Fair Credit Reporting Act (13 U.S.C.A. 1681b). If the Financial Industry Regulatory Authority regulations apply to you, you may use our information products to verify the accurady and completeness of information submitted to you by each applicant for registration on Form U4 or Form US in compliance with the requirements of FINRA Rule 3110. You may use the information products In this manner only in furtherance of written policies and procedures that eredesigned to achieve your compliance with FINRA Rule 3110 or as otherwise allowed by the General Terms and Conditions. Excluded Charges And Schedule A Rates. If you access products or services that are not included in your subscription you will be charged our then -current rate ("Excluded Charges"), Excluded Charges will be invoiced and due with your next payment. For your reference, the current Excluded Charges schedules are located hlMd/static le-t+alsolutionc thnuitionreulcrc comltitnlfclagn erocnyschedule -a-clan and Excluded Charges change from time -to -time upon 30 days written or online notice. We may, at our option, make certain products and services Excluded Charges if we are contractually bound or otherwise- required to do so by a third party provider or if products or services are enhanced or if new products or services are released after the effective date of this ordering document. Modification of Excluded Charges or Schedule A rates Is not a basis for termination under paragraph 10 of the General Terms and Conditions. CLEAR Fixed Rate Usage :If the transactional value of your CLEAR fixed rate usage exceeds your then -current Monthly Charges by more than 10 times in any month (or by 20 times.1h any month for Enterprise Law Enforcement subscribers), we may limit access to live gateways and request that the parties enter into good faith renegotiation or terminate upon 10 days written notice. Transactional value of your CLEAR usage is calculated based upon our then -current Schedule A rate, Schedule A rates may change upon at least 30 days written or online notice. Batch Usage :If you have a fixed rate batch and/or batch alerts subscription and the total of your batch inputs or batch alerts exceeds your annual fixed rate batch or total batch alerts allotment, we may, I) request the parties enter into good faith negotiations regarding it superseding agreement, 2) terminate your subscription upon 10 days written notice or 3) limit your access to your fixed rate batch subscription. for the remainder of the then - current 12 month period, during which time you will continue to be billed your Monthly Charges. If your access to, your fixed rate batch subscription has been limited, your access will be reinstated on the first day of the following 12 month period. If the trial includes Batch Services, you may submit up to 1,000 Input lines at no cost, We reserve the right to invoice you fbr input lines in excess of 1,000. You will pay our then current Schedule A mite, Schedule A rates are located at blip'//IetlnlsoluLions.com/sche(lule-a-clear, Existing Vigilant Subscribers: We may terminate your License Plate Recognition (LPR) subscription if you are an existing Vigilant LEARN subscriber whose LPR pricing is based upon your existing Vigilant LEARN agreement, and you cancel your Vigilant LEARN agreement. Enterprise Law Enforcement Subscribers: You certify that you have up to the number of Sworn Officers in your•employ at this location identified in the QTY Column above. Our pricing for banded products is made in reliance upon yndr certification. If we learn that the actual number is greater, we reserve the right to increase your charges as applicable. CLEAR Subscribers via an Alliance Partner. In limited circumstances we may allow you to access CLEAR through a third parry's ("Service Provider") software or service (together with CLEAR, the "Integrated System'). In the event that you enter into a license agreement to access an Integrated System, you agree as follows: We have no obligation to Service Provider with regard to the functionality or non -functionality of CLEAR during or after the integration. Service Provider'will have access to CLEAR on your behalf and you will ensure Service Provider's compliance with the terms and conditions of the Thomson Reuters General Terms and Conditions located In the General Terms and Conditions paragraph above. Except as otherwise provided in your agreement with us, Data may not (i) be distributed or transferred in whole or In part via the Integrated System of otherwise to any third party, (!i) be stored in hulk or In a searchable database, and (iii) not be used in any way to replace or to substitute for CLEAR or as a component of any material offered for sale, license or distribution to third -parties. No party will use any means to discern the source coda of our products and product Page 2 of 4 data. You are responsible for Service Provider's access to CLEAR on your behalf. You are responsible for all damages caused by misuse, abuse or compromise of the data by Service Provider, you, your or6ployees and any person or entity with which you shared the data. We will be responsible for damages caused by us. I certify, oa•behaif of Subscriber, that I understand and accept the security limits ot- wesuaw or Li,r;Aic ; ouoscrroers rosporuwu&ry W164+.,654416 Westlaw, CLEAR, internet and network access; and, how Subscriber will be using Westlaw or CLEAR. I acknowledge Subscriber's responsibility for providing West with prompt written notice if Subscriber's type of use changes. Only non-lamates/administmtive staff will access Westlaw or CLEAR with no direct Westlaw research results provided to inmates (including work product created as part of inmates' legal representation). 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ItS'...1�g n�aat•z.`',�.:.. ....r-.:i.i. �a�'r v 1_,r7;+°^•3,``'•'y:Y:�1`4�'�y`1,��`".',�s;7_:;set�.n;,�.Y, .'•,nF,.',,,tir;._:. ;1..•y,,,p..�:r'1yi:..r:r�'r.• d.e+3jOt3D ACKNOWLEDGEMENT 0-07501127 I have read all pages and attachments to this Order Form and I accept the terms on behalf of Subscriber. 1warrant that I am authorized to sign this Order Form on ,bjhjIf of the Subscriber. Cou,N�� JLLC*IF- Title Date This Order From will expire and will not be accepted after 10/31/2023 CT. Page 3 of 0 crad36-9_ a+, a-Oa3 Attachment Order .: II):Q-07501127 �:` kls% THOMSON RFUTERS- ls✓•r: Contact your representative mIke, reaman a thomsonreuters.com with any questions. Thank you, Order ID: Q-07501127 er-,.,,, -j --r- aii; �.;j..., ram''" titent,SGipping:a_5004ritactlnforniacfon„�s..-s;rw:; Payment Method: Order Conflrmation Contact•(428) Payment Method: Bill to Account Contact Name:Villarreal, David _ Account Number. 1000613313 Email:dvillarreal©brazoscountytx.gov This order is made pursuant to: Texas MSA Contract No. DIR-LGL-CALIR-02: Internal use only (TXMS) • ° c »f�`�"'U'. i'; ��llytiaFleiiNlul{i"le B`acatiaa•Defnll°_'+s� : +ia: � ,. �.:.. > r•.'•�;lg,:• •w{�"��'!lt►ey a:r.'>, �,; s e �;,: at •-r: tnr r •� {Y•:. ma t•• e:�s ".c-^{+1• -+e%t� r - Account Number Account Name Account Address Action 1700 W HIGHWAY 21 1000613313 BRAZOS COUNTY SHERIFF BRYAN New TX 77803-I300 US Ste' � iiK H'�uv�� '�I^ �i7 i:l.: •Y, I' =J; :.�.-. �L�?:.�, .�:�•v....`F:ia :f�ixa'++�',r . i``?'"�d:'ii�" 'r.. rid: �a •; €�_ +- traCleia"Z'tiitllict; .Quantity Il:y4. .1.�-_P ..f •;•lb t^•'.iS}I'.1�1-�K1• ��' :Y �7_i1r'L•tl '.IIIM:�:'. faiisl,•'•�'t:•...• �^•}r>x. :,.-..�: z~� _ ��-.. DC �c _.itdCC•ti''F_,..'�. Unit Service Material 0 Description 1 Each 4I308780 CLEAR Prollex 100 Seats 41882302 CLEAR for Law Enforcement Plus 100 Seats 42124007 ENCLR PRO Gov License Plate Recognition Existing Vigilant Add 100 Seats 42537483 CLEAR Criminal Justice Arrest Gateway Entel2rise PRO Add Seat _ �..• u».....- ti ft •flrrl: V^ c�,K. •'�al�% .. ti`+^a.I.ya::.7,�•,y'•+.-}� `_?riiJ•"•.�IY�F!'�"r.'���ri.)x)��sr.;'�.Z,',.',./.� ,�: �•;�•.tLt�•,� F•`x:: �01, �,ACCO pr1��OnYaCtSrN.,�,��a�'�:�r. �ir':>:'.^- -Ci;i7�sen..ir... .U. ��. '.f��.(•4:4'lll — � .. �PI•,,: I.. ..-'1�.-.^itiii.�F.iw'i" •Y4.14�... Contact Name Email Address Customer Type Description David Villarreal dvillarreal©brazoscountytx.gov CLEAR PRIMARY CONT David Villarreai dvillarrealQbrazoscountytx.gov EMI PSWD CONTACT • �•• ,.a •?:, •:�-r\i.. - s"l 1•.} l -1 +1. ;91 11-1.1 a'i7T•��,.if i.J � Ln �•.'%.�hli: �x� L S't.'.! � ;, — i- q• t�:���:,: V wi �+�t Yit: ... �'a i ?. i� 'II'i1di1res's=lnf6rmatloa � • :, :4� " .. ter • From IP Address To IP Address From IP Address To IP Address I From IP Address To IP Address 1.1.1.1 •an-�,�?:��YP••Yt .T.�^.*"�,,. .. ..nC.S a J '-:1 '-v��Ek�-�" � '�:�Il"=�V?•�•`»''Y �S}Y•» .+«:r.�^+c �t'. •'x'F;• e`�'�W'.4`re' i.. _ a� _ ..i x.,,•a, m sr�'r,:.r ;K'. c.: �'��iiarnesfDurlee+M(hiiiturtiil'er'tri•.r.�-f:�-n�;ne.._ °k�}tr:%^L��f5�.'>:' :•�;;-'r.1.7.�},.�..__'i rP.v�rnrvcr.•n..r•:.+..•air^aur.n:; Matcrlal Product ...v-,-..�eN..�..................----• Monthly % incr ------ Monthly - % Incr - -Monthly Year 3 % finer -- Monthly Year 4 0/6incr Monthly Ycar 5 # Name Year 1 Yr 1-2* Year 2 Charges Yr 2,3* Charges Yr 3 4* Charges Yr 4-5* Charges Charges 41308790 CLM $1.579.14 5.00 $1658.10 5.00 S1741.00 NIA SNIA NIA SNIA Pricing is displayed only for the years included in the Minimum Term. Years without pricing in above grid are not included in the Minimum Tenn. Refer to your Order Form for the Post Minimum Term pricing Page of Account Validation and Certificafion'(A.Vd) Form• . :qF,l TH'OMSQN OELJT-�.05 StibscHber Inf6raut Hun -Acc6unt NlurnbO (ifago!idable) IOOM1313- PM - -r�fl. I Legal 14, Ahtity smos co(j.Nrry Sur -RIFF 13usiness UnigDcot/Agency ':Av< Thd apptirwrit'a address below is (PldaSC ClfeCk ore):.aComrfierijal Localien a-Pttidenuc'Mc. a home based business); 4 C. Sircut Address 170 W Hi0way 21 city Bryan Us Cot arnoi:us) State TX Zip :178011 1300 Tc, lcr, one I + L% qdI:I`how-(ifnP land lino available)t Email Addre# Cheek i"m if no* svcbsitc. availabic 'and.in order to accpei_� pdblizretiords prod4etsyni; must sup Ridge belonging to yourerganizationthritnidets 0 113 Ad a Addresses vmign6d iojufi� 1cCtbnscuWdo`(hdUn;tdd &Wes fir Wdsf-.approved U.S. Territories are prohibited ­ 6 IPAddre 411 not beacm�,ladAorri them. drz�fescrvcd bythe Inteme(Msip 9 ed Numbers Atiftrity for spcai il.uso or private networks: 127235.2355i255. 172. lt.'O 0, 172,31 i255.255,, I 9i 168.0-.0 - 192,168.255,255; -169.254 0." 16 :2S!ii. 9 -All IP addrtsses mius', be, IPV4 addinics. you do, not kdqw Your U(drngljP addrmfcs), try 1.4e,following: 0 Contacd your gdt%vql-k. adminis1ratioft- firewrili or sequOy twam 6 Contact your Wert&I I l;r, nl�ic, I�S'L, SMillitc, etc:} Service'Pravid, ISP (Ix, C . . Go to the following M in your,browser. hup �//todls,whoi smeLlyciar[pt or to laerlt-,­ vcLr Cx�trngj w ?.(,(it sz Nwm: llyou have tiult-.ph: P addresses, this tooi will onlydateciPa !Rad4ress) JAC�r -4 IP A it (I mv�; I I ii n Pat Uh ing IP Address:Beginnitig-110 Address! hd Beginn" 11�.Addtcss: Eadiyfg IP Address:ins SWect Wiianf Govern then V -Us —Local TribAl Governmeni 0 Other Giwernment: ("Mar dmaik) MRN.IATION: 'Seleti-Xviii, ofAttidernicInsfittaiM Privately Fvfided- Academic _po your end users h3ve a"6t.powersl NVIII you he..usling-1he pitiduct In relaiiiiii V6 -thL:Oollecffbtf Of coiL40nifr debt (I.c, financial obligiffitifis-rif a couSUnkCr tril.hinction-for piiirstimal, faimilly, household purpofe)? 1M.11you have.end user$.rit any -location otl i!�r thn 'n listed a4ave? No Y., , I Addendum cu6t-Validatio:idr.ifCft11cat; lfr�;.Pwcdtiz�ch.acwn completed 4tlra7to Acc .0 An you iir full mOt./or.DriN,er!k.LiCen$C 'No Information? 01 t Yes Iffas,'Ole6sd 4ach. a completed Addendum to Account VaHaOwand Certifkitioh Faint -Unt4asked data geoucsi.. W91 you be ustrig thia producli in iA6lVqr part,_for lily., . Cousurne . r-initiated. . . . ii YC anhgpt-lakd.piirfias61 eligibility far housing, in%ngnal, .family,.household arvernmenhienerit-re up�.e for: p If you are �ushiD World-Chc& data in 6rder,to.sakh an.-indivi&ial. ahfier in their individual capadiiy.. or inLridgkin to ti� hilgirim, to. ced 4r, too: dcicrmind �;hi&r io enter iiN.o a businisi rWatfonshi u n you derstund und agitc thafyou mist direct your s'earah subjw to -Me- World- 1 Check Privacy Statcircht IbCaLed.0t, jit l7@sciipc_iii ftUil yodr:-purposelus * c, n„ ror.usipg fhis.p�uilttct: - ,� : ;.>� •4'ER,r17iS$II3t L iISE'SFtI:FU'ftO,�S` _ "' ' •� 1'cr oissiblc Use tinderCraimri Leach`Etiley Act Your use nfcertain.conr urner data widiin the product is Limited by the Ut&-Gramm-leach-Wi!cy Act (t3 U;S,C 511U. e:, see.). In order taacccce this da:a, you rntist i ndicutc your permissible U'se(s):below: if you do ntif Claire a pi ntifssibEe:ese, you ciiust select 1114 "no pe n issihlc nse" ops!yn. [] 'YOU -cep, fv there is no permissible use, El Forusi'bq a pemon'hnld!ng.a legator kcncficiaf.iiiterAt renting to the consul ner. Fertsain cgmptying wi{h fetleinl, state.. or:locti lavii; Mai, and othcr nptiiicablc:IcgaLrequircntcnts: ❑ . For trse as neeessmy to effect, administer, or. Oofoee; a u ansaction• requested orautho; fzcd• by the consumer. For use in complying with a iirope ly aiitho-Ned civil, criminal, drregnlatory investigation; subpoena, orsutinans by ecdcrai, state, ur :ncal'aathoritics, Nor use to protect against or prevent actual ar potcniicl.&aud, tit uthoii ed tran sciioas, claims, crother liability, Por use:by any Laiv �nfureement Be self segulatcry organizations, or'for an investigafion.ofi.0 ;matter related to pr:oliq satety: Q. Topersons acting in a.fidociary or,represcntativrcapacity oa lietsa{f:af lid:co:sttrriar: [J For required institutional tisk.con0ol or"Eris resolving consumer disputes ot.Jnqui:ies, Q With4lo cansept•or at.thc dirgolion_af the cansuincr; ferruiccible Use under Drivers Priyaty Pratettlui1,Xct. YBirr use of ee.:rrain d Nerts:record and,vehicle datai is limited by the U.S, privets privacy Protectian Act (.18 U.S.C. §272.1 Kt,sey;): In order to +tsoess.u, data,:Eau• oust indicate your permissible usa(s) below, It:yau da. not.have it peiinissihle use, you inust.scle,:t the "ro. pciniissibtc usc'' option_ (-j Yo"crtiiy th me is no permissible use. For oPliciat use by a Conit. L2%'.E tforcementAgeiky orathec lrovernntcat agencg. To verify -or correct infomiatibn-provided to you by a•perspnip order Io.prcvcnt fraud, pursue lcgdt rtnpedies or fccovcr u debt: skip tracing. Fan rise in connection with a civil, criminal or arli'ftral legal pro"eding or legal research, (� Far use in oonneet!oh with afinsurance claims investfgntinn qr irrsurancc antifraud nctivtucs. NEXT S7 FPS The info mation provided an this AVC form.wi-bercvieHul by our i ternal-wedentialing renm and, if required, au orsite inspect on will bc•condueted by Thomson renters authorized thiid.pA i. Tirciiardinatc the a tsite inspeclian, iltcdltird party will con act•you i!ireetly.lo arrange a i ortvemeri, day and.,hnc'for thr visit, Iw+ enforcement aiiehcies and federal and state goyemment agencies are slot required to com^f^_te'an uasilo fr_s= • The inspecfcr wit s ek to verify, aritmg other ?pings, the p!tysicai, tee intca analor udmimstrntive.snfogarr!s In place tit lceep'T tomsui [touters data safe air! con idential. • 5 timc'the i 'l�tc onsite inspe�'tie^ -Mill last apprnxintctcty.30 trtnt es, during vvh'icnspector w l!:ask:ccrtain ynestie "rind griiero`ssc:vatttii s isttt tided to va'i r tc isle inConnaiion�pravidcd on this AVC• Form. In addition, as is'custcmary it alit industry,:t!ic iuspecior.wfll take a few phetas ufthe tire,^.rises, Enters:&I and cr'ti nr t to l. document"your physicall leiaUOrt as Qll:as security measures and safeguoult Ak the 'tir a of th4Jhspgction, it is important: that you aesigii tih.individurl(s) capablii tit' answering ptircnt qucstiors to.mecE ssaii Elie Inspector, Please proyidc the name rnC.ppane num. c of tqe persan•y woulu iAKe ux to cuu,a�e r +. r� r_ Wf Telcprionc:IVurnbcr[('; blame 1/•:' �1rY' Fr :F..mtit:, t :. . E >`R't' _ Y ngnmg oe,uw, you canny roar, YOU UNDERSTAND. THAT1-11OMSON REMUS IS ,NOT A CONSUIcIFR REPORTLNG:AGENCY-AND :THIS SERVICE D61,S \OT CONSTITM"13 A -CON itEPORT" AS SUCli 'IrEii�t IS DEP1rYEb. IY''I-ItF I EDFRAL I?AIR CREDIT REPORTING ACT ( CHM, Ia 13.S:C.A. §§ 1fi$i ts'I' SEQ YOU.ARE STRICTLY PROHIBITED FAQ.&f USING ANY DA1 Ai )v .WIIOLE .OR IN •PART; AS"A FACTQR Ilti [?S'I'AF3I iSlillYG :� cOilSc YIFFtIS ELiGIBILITIY FOR CR)ilI•I'I•, INSIXANCE, IrtiiEL•OY.MEN'I, On FOR ANY OTIIERTURPOSE AkITFIORIZEb mNi t 2 TF1E HCMV011-AS THE IiASIS. FOR 7'AKIN6:ADVERSE ACIIO.N REGARDING, 'AE''IY CONSUI;"IFR APPUCATiON. Grid users will':access. and the the dote, iuclnAing personally: idcntifiahle infonnridor, fr. accordant; with all applicable eit s.. n les, and regulatfor..s, No individual shall acccss•recordsaftat require a" permissililc use unless s.rch a_ber-n issifilr use i:xists. Iris yourresponsibility to seek. gn datig. and cle iiieation in .ease•of any Qttds to ,s,abaui the proper use of a product. YOU Ai;[ RLSPO�tS.t13i C fOR ANY UNAUTHORIZEI) COLLET f'E0`I. ACCESS, USE " AND DiSC1.QStlitE Of? 41Y bA7A ACCGSSElb. T1igOtIGFi OUR PROIJ.UC." fs. You-wiii.ensurc thatThomson Rcuters products. arc ae essed and used in a utaitner that aIw°ays preserves thu atri , conftdcrticliry"o� all data Youn to -put processes in place to ensure;that you and-all-auihori cd users corrp!y with tho fotlawanb.betb waen working'trim yrn r sat' Driven business ,60trorrs) and remotely: (l) ptnducts will only be accessed through password protccted,W-Fi. networks; virtual: private riatwaiks, rind: other secure applications and nict= ods of om .•uricetions• (2) all sccuritymeasure; on !hptops and ptherdevices will be*ketiv%IW balbrc accessing our products, (3,) odlhoriu:d users will neyereetract or s a L lifts cmately pn t ptaiis:o: mabt}t devices; (4) authorized iiseiewiihnot wiitu doivr.anfniiintair,:any data in sit unsecur> fashson.Eri of yftrm, (:) laptops.or ticvice screens will not'eo nshlc through exterior windows when accessing our products, (6) authorized users will not access products in a public areas or where conversations could be overheard, and (1) authorized users will not allow anyone to user their work laptop or other devico for any reason. • You will maintain a comprehensive information security program, including systems, facilities, and procedures to safeguard the data and that you have experience in maintaining the confidentiality, security, and appropriate use of such Information. • You agree to immediately notify Thomson Reuters of any actual or suspected breach or access to data that may result in the unauthorized collection, access, use or disclosure of any data You agreo to make all reasonable efforts to assist Thomson Reuters and our data providers in relation to any investigation, claim, litigation or other action related to your access, use or disclosure of data. • You and your end users are not and will not be involved in credit fraud, Identification theft, stalking, harassmeot, any unethical business practices or illegal activity nor will you further such activities by your customers. All informotion provided on this AVC Form and addendum(s) is true and correct and is applicable to all of your authorized users and locations. You will immediately notify numson Reuters of any changes to the information provided in this form or during the credentialing process, including location changes. You understand that Thomson Reuters may periodically require you to recertify the information provided herein. You are an authorized signatory for this account. AUTHORIZED REPRESENTATIVE: .D:D ©� t� ate, a0a 3 igoa]_y"ii;;; once this document is completed and signed by an authorized representative, please provide it to your West Sales Consultant with a signed order or fax it to 866-294-1042 or email to west,avtcredentialsQthomson.com. All information is subject to verification and approval by Thomson Reuters. Respecting information privacy and security is an integml part orThomson Reuters culture trial values. CL EAROD and Public Records on NVestlaw, including People Map and Cmnparly Investigator, are investigative and legal research products that include personally identifiable information (c.d.; mine, addreess, phone number) and sensitive personal Information (e.g. Social Security Numbers, DOES, Driver's License Number, etc.). PHar ht providing access to this sensitive data, Thomson Rattlers believes that it is vital to know who our customers are and to understand their need to access consumer I'll and sensitive Pit. This crcdentialing process also ensures that our customers arc getting tlue mast out of their public records subscriptions, Id lYIIO IS SUBincr TO CREDENTIALING? Customers seeking access to people-roluted content within our public records products will be. required to successfully complete our ercdendaling process and, unless excepted, undergo a physical onsito inspection, It is through our crcdentialing process that we validate that the customer is o legititnoto business entity and that it has an appropriate need for this information, Our crcdentialing process allows 'Thomson Renters to include higher quality data in CLEAR and Westlaw Public Records. WIIA'r UOl~S'I'in: aumE,sN'riiLINC TEAM REVIEW? Each customer is asked to complete the appropriate Account Validation and Certification (AVC) form and to provide the certain information about their business and their use of the produot. Exnmplcs of inforntntion the ask Cur include: •SUBSCRIBER INFORMATION: Full legal name of the business, location and contact information, and TP address information •ACCOUN'1 INFORMATION AND DATA USE: Business structure, business licensing, principal information, length. of existence, and questions regarding how our data will be used ollUSTNESS TYPE CERTIFICATION (Corporate and Law Firms only): Cot1mrato and Law Firm subscribers indicate their typo ofbushress. •PETiti! ISSIBLLr USE SELECTIONS- Oramm-Leach-Bliley Act and Drivers Privacy Protection Act permissible lase certifications •CERTIFICATIONS: Additional certification around the use of Thomson Reuters data, include express prohibitions against using the data for any put -pose governed by the Fair Credit Reporting Act IS Cii);pitN'I'I_iLl1VGA CONINIOrN PRACTICE 1N'1'.tili INDUSTRY? Yes, other organizations alrering access to content containing sensitive personal informnttdn likely have similar customer vetting programs in place. W110.PE11FORNIS `I'H911USIMSS REVLEW AND TI11; O\SITE INSI1Eal'lON? The information provided on your AVC form will be reviewed by our internal credentialiug team and the onsite inspection will be conducted by an authorized third party. To coordinate the onsite inspection, one oftbese entities will call you directly to arrange a convenient day and time far lite visit. 4Vlr T IS TFIE SCOPE OF TEJ? ONSITE INSPECTION? The inspector will seek to verify that there are safeguards in place to lceep Thomson Reuters -data safe and confidential. The scope of the inspection twill include: • PHYSICAL SECURITY: Are there sufficient controls in place to prevent the unauthorlzcd external access to the customer's facility? o INTERNAL SECURITY: Are there sufficient internal controls in place to protect and control physical access to Thomson Reuters data? • DATA SECURITY: Are the customer's systems, storage methods, and data destruction appropriate to secure Thomson Reuters data? • I\'FOWWATION CONCIRMATION: Does the customer's physical business match the disclosed use case and business type on the-AVC form? Are there any discrepancies between what was provided on the AVC form and findings from the actual onsito inspection? • 1'FIO'rOGRAPIts: For audit purposes, our onsite inspectors are required to take photos of the customer's site to substantiate the onsite report and: will Include: (1) end user workspaces, (2) document storage security protocol, (3) document destruction protocol; and (4) physical location of the commercial location. 1-10"13MUCIIYINI.!s ROCS A TYPICAL ONSITE INSPECTiON TAKE? The onsite inspection will last approximately 30 minutes,•during which lime the inspector will ask certain questions and gather certain observations intended to validate the information provided on the AVC form. As is custornary III the industry: the Inspector will take a few photos of tite premises, internal and cxtcrnai, in order to document the customer's physical lucation as well as security treasures and safeguards, At the time of the inspection, it is important that the customer assign an individual or individuals capable of answering pertinent questions to rneet with the inspector. Thomson Reuters is not a consumer reporting agency and none of its services or the data contained therein constitute a'consumer report' as such term Is defined in the Federal Fair Credit Reporting Act (FCRA),15 U.S.C. sec. 1681 at seq. The data provided to you may not he used as a factor In consumer debt collection decisioning, establishing it consumer's eligibility for credit, insurance, employment, government benefits, or housing, or for any other purpose authorized under the FCRA. By accessing one of our services, you agree not to use the service or data for any purpose authorized under the FCRA or in relation to taking an adverse action relating to a consumer application, u.,. •'tn'60 THOMSON REUTERS Addendum to Account Validatlon and Certification Form - Unmasked i7ata. Kequest Subscriber Information Account Number (mandatory): 1.000613313 Full Legal Name/Entity: BRAZOS COUNTY SHERIFF West/Thomson Reuters seeks to balance overall individual privacy creeds and concerns with the legitimate business information needs of specific entities as allowed by U.S. Gramm Leach Bliley Act (15 U.S.C, § 6821 et.seq.) (U.S. GLB); U.S, brivers Privacy Protection Act (18 U.S,C..§2721 et seq.) (U.S. DPPA) U.S. Mpartisar. Budget Act of.2013 (42 U,S.C.•g1305 et seq.), and ather applicable laws. As a general rule, -sensitive data.in our.products is truncated: In order to help ensure that access to unmasked sensitive data is warranted, we 11mit access to quallfied-accounts only. By completingthe information and signing below,youu understand.- that you ore requesting that unmasked or full display of Social Securr•.y Numbers, Date of Birth and/dr Driver's License Information be added or removed from the accounts Indicated below. y DATA USE INFORMATIONZ. .Descrf6e your,fype of business: At 0 Describe: ulhy'aGcess ta.5B data- Is,insutficient and }vhy�access'tol fi,ti`io©aitil;SS(Visregulred: CLEAR Subscribers: All Users will be granted access to�the same type of sensitive .personal Information: ❑ ADD to all CLEAR Users on the main account listed above (including all account:lo.cati! ❑ REMOVE from all. 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(1) unmasked sensitive data1s needed, (2) all users under your accountwill limit use of the data to Iegitlmate business connected with the qualified account Indicated above, (3) you will maintain a comprehensive information security program, including systems,, facilities, and procedures in place to safeguard the unmasked sensitive data, (4) you have experience in maintaining the confidentiality, security, and appropriate use orsuch information., (5) all data use will belt strict accordance with your subscription,: agreement. Nest reserves the right to.deny or discontinue access to unmasked personal information with- or without notice and in its.sole discretion. This,Addendurn is Incorporated by reference into your AVC form, By slgning.below, you certify thatyou are.thr,•authorized to request the changes regpested above and are an authorized signatory on this account. AUTHORIZED REPRESENTATIVE: V G a y` olva 3 Date: � —f •anti Nam'.) Signature: — Title:. �j 0 U'TITy rn2i Tt' CLEAR SUBSCRIBERS Villarreal, David Add Fraley, Kr€stopher Add Ware, Jason Add Torres, Jessica Add Dennis, Nathan Add Young, Terry Add Martinez, Paul Add Garon, Stephen Add Ortega, Gabriel Add Elsworth,.Tucker Add Hernandez, Regina Add Brandhuber, Jenifer Add Ostiguin, Jessie Add White, Steven Add Elmore, Austin Add Donaldson, Dillon Add Montoya, Patrick Add Grissom, David Add Brocksmith, Owen Add Guzman, Regina Add Dobbins, Samuel Add James, Jonathan Add Moynihan, Shane Add Williams, John Add Wallace, Hugh Add Gre€ner, Chris Add Hagen, Brian Add Stumpf, Michael Add Ramirez, Santos Add Sifuentez, Gabe Add Wagnon, Daniel Add Santarsiero, Rob Add Hall, James Add Jackson, Kate Add Oldham, Trey Add Fox, Melinda Add Hernandez, Solomon Add Bell, Matt Add BID TABULATION 24-071R Seal Coat Previously #23-025 January 1, 2024 through December 31, 2024 Clark Construction of Texas, Inc. D.I.J. Construction, Inc. 1 CRS-2P or CHRFS-2P Asphalt $2.96 PRICE/GAL $3.75 PRICE/GAL 2 CSS-11-1 Asphalt $2.96 PRICE/GAL $3.75 PRICE/GAL RATES EST. SQ. YD. PRICE/SQ. YD. RATES EST. SQ. YD. PRICE/SQ. YD. 3 Ty B Gr 3 Limestone 0.48 Gal/SY 483,756 $3.99 0.48 Gal/SY 483,756 $4.20 4 Ty B Gr 4 Limestone 0.42 Gal/SY 164,693 $3.99 0.42 Gal/SY 164,693 $3.75 5 Ty PL Gr 4 LW AC 20-5TR 0.36 Gal/SY 73,540 $4.05 0.36 Gal/SY 73,540 $3.75 6 Ty L Gr 4 Lightweight 0.42 Gal/SY 36,057 $3.50 0.42 Gal/SY 36,057 $3.90 7 Flexible Tabs 5000 EA $1.00 5000 EA $2.00 8 Aggregate Removal 10 Miles $1,000.00 10 Miles $50.00 Total SY: 758,046 Total: $3,026,348.01 Total: $3,076,271.25 Notes: I*Total on bid states $3,065,771.25 Work to be done in 15 days Recommend award to: Clark Construction of Texas, Inc 1st Renewal of 3 Approved by Commissioner's Court on this oZ 4 day of 0 c� p 6 t�79 2023 by olding the position of d d- razos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 October 11, 2023 Clark Construction of Texas 5140 Gibbs Sprawl Rd, San Antonio, TX 782.19 Re: Rene;val of Contract # 24-071R for Seal Coat of County Road for Brazos County. Brazos County appreciates the quality work your company has provided and would Iike to exercise the renewal option for Seal Coat of County Roads 24-071R, previously known as 23-025. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from January 1, 2024, to December 31, 2024. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to enava c(�r brazos.countytx.gov or fax to (979) 361-4293. Please then submit an updated Certificate of insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4492. Contact Name: Chad Clark Title: Vice President E-MaU:-Chad@clarkpave.com Telephone: (210) 661-6785 CLARIC V?- C : i OF TEXAS Aut iorized Signature OS' OUN October 11, 2023 Date 0a' 0&c5p— 14, 0-0 ag Duane Peters, County Judge Date REQUEST FOR BID BID NO. 23-025 Seal Coat SEALED BIDS TO BE SUBMITTED BEFORE: Tuesday, October 18, 2022, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. Any such contact will be grounds for rejection of the Respondent's bid. In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following bid for furnishing the material and/or services listed on the attached Bid Form and agrees to deliver said items at the locations and for the prices set forth on the Bid Form. Company Name: Clark Construction of Texas, Inc. By (Print): Chad Clark Title: Vice President Physical Address: 5140 Gibbs Sprawl Rd., San Antonio, Texas 78219 Mailing Address: 5140 Gibbs Sprawl Rd., San Antonio, Texas 78219 Telephone: (210) 661-6785 Fax: (210) 661-6421 E-Mail: Chad@clarkpave.com Page 2 of 17 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 p.m., Tuesday, October 18, 2022 at which time bids will be publicly opened and read aloud. A. SCOPE OF BID 1. Bids are solicited for seal coat services and materials for Brazos County roadways set forth in this bid request for one (1) year period beginning January 1, 2023 through December 31, 2023 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING 1. The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All Respondent(s) are required to be informed of these terms and conditions and will be held responsible for having done so: 2. Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY — Same as County. b. 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 Contractor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR — The successful Respondent(s) of this bid request. e. COUNTY — The government of Brazos County, Texas and its authorized representative. f. SUB -CONTRACTOR — Any contractor hired by the Contractor or supplier to furnish materials and services specified in the bid request. g. RESPONDENT — Any supplier or vendor responding to the bid request. 3. Upon acceptance and approval by the Commissioners Court, this bid effects a working contract between Brazos County and the Contractor for the period designated. 4. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the Respondent(s) must have the bid actually delivered to and received by the Purchasing Department. 5. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. Page 3 of 17 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered. Respondent(s) with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace at https: //brazosb id. ionwave. net. 7. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 8. Respondent(s) must include Tax Identification Number for the bid to be valid. 9. Should there be a change in ownership or management; the Contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the Contract with its present provisions and prices. This Contract is nontransferable and may not be reassigned by either party. 10. The County may cancel this Contract at any time for any reason, provided a thirty -day written notice is given. 11. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit Price b. Extended price C. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products bid h. Respondent's past performance record with Brazos County 12. Although the cost of products to be provided is an essential part of the bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Respondent considered to be the best value to Brazos County. 13. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the Contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 14. Title and risk of loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. Page 4 of 17 15. This Contract shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this Contract, when applicable. 16. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the Respondent(s) to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 17. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding a contract. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled, and the Contractor barred from bidding in future solicitations. 18. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 19. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Respondent Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids not received prior to the expressed date and time listed in this bid will be reiected or returned unopened to the Respondent(s). Bids submitted to any other person or department other than the Brazos County Purchasing Department will not be accepted. 20. It is the Respondent's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the Respondent(s) agrees to comply with HB 1295, Government Code 2252.908, if awarded a contract. Respondent(s) agrees to Page 5 of 17 provide Brazos County the "Certificate of Interested Parties", Form 1295 as required, for renewals, amendments or extensions to the Contract. Visit https:Hethics.state.tx.us/whatsnew/elf info form1295.htm for more information. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda or their proposal may be considered non -responsive. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos Valley e-Marketplace (https:/ibrazosbid.ionwave.net) after bid award by Commissioner's Court. 23. The bid specifies the number of consecutive working 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 working day of delay past the fifteen (15) days stated in the contract: Five Hundred Dollars ($500.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. 24. Brazos County reserves the right to extend this Contract annually for a maximum of three (3) additional one (1) year periods with no changes in the terms or conditions of this Contract, if agreed upon by both parties. 25. The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. 26. Three (3) references are to be provided by Respondent. Failure to submit references may result in disqualification of bid. Brazos County department references will not be accepted. Page 6 of 17 27. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 28. Any subcontracting must be approved prior to commencement of the Contract by Brazos County. 29. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 30. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages or quantity of the items listed in the bid. If notation of substitution in not made, it is assumed the Respondent(s) is bidding the item specified. 31. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 32. In the event the Contractor is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this Contract to be canceled. 33. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the Contractor in completion of the Contract. This term supersedes any contradicting terms throughout the Contract and/or any attachments. 34. The Contractor should submit itemized invoices with clearly marked remittance copies to the following address: Brazos County ATTN: Auditors P.O. Box 914 Bryan, TX 77806 Page 7 of 17 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the Contractor only, and shall not include sub- contractors, assignees, or any other party. 35. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request from County. 36. Upon award of Contract for any commodity or materials purchased by Brazos County, the Contractor agrees to protect the County from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from the Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 38. This bid shall be governed by the laws of the State of Texas and Potential Respondent(s) and the subsequent Contractor(s) are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 39. Venue for any dispute, shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 40. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. Page 8 of 17 41. Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. 42. 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. 43. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 44. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. C. SPECIAL PROVISIONS 1. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Respondent will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. 2. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). 3. Any Contractor vehicles traveling on County roads will not exceed its legal gross weight. 4. Any unauthorized dumping, spills or other release of products that could be determined a safety or environmental issue shall be immediately brought to the County's attention. The spill, dump or release shall be the sole responsibility of the contractor to clean, remediate and return the site to the previous condition. D. INSURANCE REQUIREMENTS 1. The Contractor shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. Page 9 of 17 2. The Contractor shall furnish and keep in full force the following insurance during the term of this Contract: 3. Statutory Workmen's Compensation and $1,000,000 Employer's Liability Insurance with waiver of subrogation. 4. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, $500,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. a. Commercial Automotive Liability with $500,000 CSL for Bodily Injury and Property Damage Liability with Brazos County named as additional insured. b. Cargo Insurance to sufficiently cover materials transported. 5. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Contractor receives notification of award. 6. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Contractor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Contractor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. E. BONDING REQUIREMENTS 1. All bidders must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so have 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 Page 10 of 17 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. F. REFERENCES Respondent(s) shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Respondent(s) are not allowed to use Brazos County as a reference. Company/Entity: Texas Department of Transportation - Hondo Area Office Contact: Jules Zinsmeyer, E.I.T. Phone: (830) 741-6609 Email: Jules.Zinsmeyer@txdot.gov Company/Entity: Texas Department of Transportation - Jasper Area Office Contact: Chris Henry, P.E. Phone: (409) 898-5764 Email: Chris.Henry@txdot.gov Company/Entity: Texas Department of Transportation - Livingston Area Office Contact: Clint Jones, P.E. Phone: (936) 327-8981 Email: Clint.Jones@txdot.gov Page 11of17 G. SPECIFICATIONS 1. All work and materials shall be done in accordance with Items 8, 300, 302, 316, and 738 of the 2014 Texas Department of Transportation Standard Specifications along with the following specifications and the plans and drawings indicated in Exhibit A. At all times workmanship shall be subject to inspection and approval of Brazos County. 2. Quantities are estimated utilizing "DMI". It is the Contractor's responsibility to check quantities which will be approved by Brazos County. Quantities will be verified by Contractor before work begins. Square yards will include radius and cul-de-sacs. Contractor will supply Brazos County with documentation of quantity verification in the form of field measurements of roadways and delivery tickets for aggregate and asphalt. This documentation must be provided on a weekly basis in the form of a standard spread sheet which shows roadways sealed, line items, quantities, and dates of work. 3. The Contractor shall submit a stockpile plan prior to beginning the project for Brazos County's approval. 4. Contractor will provide all traffic control. All signs, lights and barricades shall be in accordance with The Texas Manual on Uniform Traffic Control Devices, latest edition. Traffic control is subsidiary to the bid items. All flaggers shall speak English and have proof of current flagger certification and be equipped with communications devices (i.e., 2-way radios, etc.). 6. The Contractor will furnish all labor, materials, and equipment to complete the work. 7. The Contractor shall furnish samples of materials to the County for testing prior to application to the roadway. The County may, at any time during construction, perform random testing throughout the construction period. 8. The Contractor shall have adequate equipment, manpower and facilities to achieve a seal coat production rate of 70,000 square yards of roadway sealing per day. 9. Overweight trucks will NOT be permitted to supply the chip spreader. 10. Start date will be May 15. All work is to be completed within fifteen (15) working days of start date. Date may be adjusted with the Brazos County's approval. Contractor will be required to remain on the project until all work is complete. Working days will be in accordance with the Standard Work Week as defined in Item 8 of the Texas Department of Transportation 2014 Standard Specifications 11. Emulsion and Asphalt rates will be as shown on plans or as directed by Brazos County. Asphalt. All emulsions and asphalts must meet the requirements of Item 300 of the Texas Department of Transportation 2014 Specifications. CRS-2P and AC 20-5TR are specified for this contract. Page 12 of 17 12. Aggregate rates will be as follows: 1 CY/95 SY for Grade 3; 1 CY/110 SY for Grade 4. All aggregates must meet the requirements of Item 302 of the Texas Department of Transportation 2014 Specifications. Aggregates are to be SAC B, Type B crushed limestone or Type L Lightweight, or Type PL precoated lightweight as designated on the plans and specifications. 13. All excess/unused material shall be removed from all work site areas and Brazos County ROW within thirty (30) days or it will become property of Brazos County. 14. Plans are "estimated projects and quantities" and subject to change. 15. The Contractor shall have an adequate number of "Loose Gravel" signs posted throughout construction. 16. After a pass is made with the chip spreader, all bare asphalt will be covered immediately and all excess rock piles on roadway are to be knocked down and scattered. Excess loose rock shall not be left in piles or windrows in yards or Brazos County ROW. 17. No sealing on Saturdays, Sundays, or holidays unless approved by Brazos County. 18. Aggregate removal on subdivision roads will be required as directed by Brazos County and performed in accordance with Item 738 Roadbed Mile. 19. Payment for seal coating will be for the actual square yards sealed as agreed between the Contractor and Brazos County. 20. Should any damage to the county's property or any surrounding privately -owned property be caused by the general contractor or sub -contractor, the general contractor will be responsible for the repairs. The county may, however, elect to make repairs and/or replace damaged property and deduct the cost from monies due, or to become due, to the contractor. 21. All subcontractors must be approved by Brazos County, prior to work commencing. H. PREVAILING WAGE RATES 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 B attached. A Contractor or subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates stipulated in Exhibit B. Page 13 of 17 I. LIQUIDATED DAMAGES 1. 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 fifteen (15) days stated in the contract: Five Hundred Dollars ($500.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. J. QUOTATION Material Unit Prices — All prices to include material, labor, traffic control, equipment used, etc. Additional asphalt required will be applied at the rate specified by Brazos County, using price per gallon stipulated here. 1. CRS-2P or CHRFS-2P Asphalt $ d • q t.Q PRICE/GAL 2. AC 20-5TR Asphalt $ a • - I u PRICE/GAL RATES EST. QUAN. PRICE/SQ. YD. 3. Ty B Gr 3 Limestone 0.48 Gal/SY 483,756 SY $ 3.99 4. Ty B Gr 4 Limestone 0.42 Gal/SY 164,693 SY $ 3.9 9 5 Ty PL Gr 4 LW AC �• O 20-5TR 0.36 Gal/SY . 73,540 SY $ 6. Ty L Gr 4 Lightweight 0.42 Gal/SY 36,051 SY $ 50 7. Flexible Tabs 5,000 EA $ • O 0 8. Aggregate Removal 10 MILES $ k , p0 () • DO 9. Total Base Bid SY: 758,046 Total $ I ©D u , 3 4 g • D To be done within 15 Working Days Page 14 of 17 K. V.T.C.A. LOCAL GOVERNMENT CODE §262.0276 THIS SECTION MUST BE COMPLETED. FAILURE TO COMPLETE THIS SECTION WILL DISQUALIFY THE BID. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code §262.0276. 1. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; 2. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; 3. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. 4. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. 5. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non -responsive" and "not responsible", eliminating it from any further consideration of award. 6. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title (Owner, Officer, Director, Manager, Etc.) David Clark President Chad Clark Vice President Corey Clark Vice President Cody Clark Vice President Page 15 of 17 L. LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract.The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2271: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. Company Name: Clark Construction of Texas, Inc. Authorized Company Representative: Chad Clark, Vice President Address: 5140 Gibbs Sprawl Rd. October 18, 2022 Contract M Bid No. 23-025 Page 16 of 17 M. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this Contract, that this bid has not been prepared in collusion with any other vendor and that the contents of this bid have not been communicated to any other vendor prior tg the official opening of this bid. Signed By: Typed Name: Chad Clark Title: Vice President Company Name: Clark Construction of Texas, Inc. Phone: (210) 661-6785 Mailing Address: 5140 Gibbs Sprawl Rd. San Antonio, Texas 78219 Email Address: Chad@clarkpave.com Vendor Tax Identification Number: 74-1980982 END OF BID REQUEST NO.23-025 SEAL COAT By signing below, Brazos County agrees that this bid, 23-025 will be awarded as dictated on the associated bid tabulation sheet, to the Respondent whose name appears above and both parties agree to terms and condit' ns conta' ed her in. By: Brazos County Commissioner's Court: DULaO G ; U bL rjiy Date: t `t 6 V E fn i3 [Z— i 5 i Q o a - - Brazos County Clerk: QL"—Ec N. The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. ❑ References (Section F) ❑ V.T.C.A. Local Government Code §262.0276 for Tax Verification (Section K) Page 17 of 17 ❑ Legislative Certifications (Section L) ❑ All Addendums (if applicable) ❑ Certification of Bid (Section M) CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1J Name of vendor who has a business relationship with local governmental entity. Clark Construction of Texas, Inc. z ®Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Brazos County Purchasing Department Name of Officer 4j Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes ©No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes ©No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Seal Coat Bid No. 23-025 s ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 October 18, 2022 Si natur oven or doin business the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CHUSS, Surety 0 + 9o8.903.3485 2o2B Halls Mill Road, PO Box 1650 F + 9o8.903.3656 Whitehouse Station, NJ o8889-1650 Federal Insurance Company Bid Bond Bond No. Not Applicable Amount $ 5% TBP Know All Men By These Presents, That we, Clark Construction of Texas, Inc. 5140 Gibbs Sprawl Road, San Antonio, Texas 78219 (hereinafter called the Principal), as Principal, and FEDERAL INSURANCE COMPANY, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto Brazos County (hereinafter called the Obligee), Purchasing Department, 200 S. Texas Ave., Suite 352, Bryan, Texas 77803 in the sum of Five Percent of the Total Bid Price Dollars ($ 5% TBP ), for the payment of which we, the said Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this WHEREAS, the Principal has submitted a bid, dated for Bid No. 23-025 Seal Coat 18th day of October, 2022 October 18, 2022 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Form 15-02-0002-FED (Rev. 4/17) Chubb. 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CL CD o w y a m; > Z m a o H 0, rla o n" O r A. °amlrmo T� �n m y 'e 3 4. 7 o'O n l a Z °Cm HAM �n n N C 3�- f 41 0 i (D 3 �'. o}� yn 2 roo _Z° nZ3 O o m ErQ F . nn nrn �n a, 6 0 2a � ma , o F 3`mror�m� ^� •e x e o m �o ,o� c ' n; m S 3 �. y7' G w 9 H rr�cnw � o•y o� > no E ^o 9 vA Z m ° •e ..� 2 � m p, E e 2 0 "q Z. `= m 6 6 I ro m p< N� Z Oracle America, Inc. 500 Oracle Parkway Redwood Shores, CA 94065 Name Brazos County Contact Charles Wendt Address 200 S. Texas Ave, Ste 352 Phone Number 9793614292 BRYAN TX Email Address cwendt@brazoscountytx.gov 77803 Renew Subscription Term: 17-Nov-2023 to 16-Nov-2024 B91110 - Oracle Integration Cloud NORTH Service for Oracle SaaS - Enterprise - 2 12 mo 540.09 12,962.24 AMERICA 1 Million Messages B73946 - Oracle Planning and NORTH Budgeting Cloud Service - Hosted 50 12 mo 36.00 21,600.00 AMERICA Named User B79785 - Oracle Enterprise NORTH Performance Reporting Cloud 10 12 mo 36.00 4,320.00 AMERICA Service - Hosted Named User B73948 - Oracle Fusion Document NORTH Recognition Cloud Service - Hosted 10 12 mo 12.15 1,458.00 AMERICA 1,000 Records B69711 - Oracle Fusion Financials NORTH 100 12 mo 103.50 124,200.00 Cloud Service - Hosted Named User AMERICA B69717 - Oracle Fusion Purchasing NORTH 10 12 mo 70.88 8,505.00 Cloud Service - Hosted Named User AMERICA B69719 - Oracle Fusion Sourcing NORTH 10 12 mo 131.63 15,795.00 Cloud Service - Hosted Named User AMERICA B69720 - Oracle Fusion Procurement NORTH Contracts Cloud Service - Hosted 10 12 mo 81.00 9,720.00 AMERICA Named User B69729 - Oracle Fusion Inventory NORTH Management Cloud Service - Hosted 5 12 mo 210.00 12,600.00 AMERICA Named User B69713 - Oracle Fusion Expenses NORTH Cloud Service - Hosted Expense 1000 12 mo 0.20 2,430.00 AMERICA Report CPQ-2947179 -1 Issued by Oracle America, Inc. 3-OCT 2023 Page 1 of 6 Sei!*Period ;:"i .61 J,` , ol Data entetK C Unit Net T % Prlce Net Fee - Services -,?V" Term Cloud Regions,...., -Y , B69714 - Oracle Fusion Advanced Collections Cloud Service - Hosted NORTH 5 12 mo 28.35 1,701.00 AMERICA Named User B69721 - Oracle Fusion Self Service Procurement Cloud Service - Hosted NORTH 100 12 mo 1.62 1,944.00 AMERICA Named User B73947 - Oracle Fusion Automated Invoice Processing Cloud Service - NORTH 10 12 mo 12.15 1,458.00 AMERICA Hosted 1 K Records B78967 - Oracle Fusion Grants Management Cloud Service - Hosted NORTH 5 12 mo 180.00 10,800.00 AMERICA Named User B84628 - Oracle Fusion Project Financials Cloud Service - Hosted NORTH 10 12 mo 151.88 18,225.00 AMERICA Named User B84629 - Oracle Fusion Project Contract Billing Cloud Service - NORTH 10 12 mo 131.63 15,795.00 AMERICA Hosted Named User B85800 - Oracle Fusion Human Capital Management Base Cloud NORTH 1300 12 mo 3.10 48,304.66 AMERICA Service - Hosted Employee B87388 - Oracle Fusion Human Resource Help Desk Cloud Service - NORTH 1000 12 mo 0.81 9,720.00 AMERICA Hosted Employee B87675 - Oracle Fusion Recruiting NORTH 1300 12 mo 1.01 15,795.00 Cloud Service - Hosted Employee AMERICA B89482 - Oracle Fusion Workforce Health and Safety Incidents Cloud NORTH 1000 12 mo 0.41 4.860.00 AMERICA Service - Hosted Employee B86334 - Oracle Fusion Payroll Cloud Service for United States - Hosted NORTH 1000 12 mo 1.42 17,010.00 AMERICA Employee B75365 - Oracle Fusion Time and Labor Cloud Service - Hosted Named NORTH 1000 12 mo 0.61 7,290.00 AMERICA User B84490 - Oracle Additional Test Environment for Oracle Fusion Cloud NORTH 1 12 mo 1,265.63 15,187.50 AMERICA Service - Each B85242 - Oracle Fusion Learning NORTH 1000 12 mc, 0.41 4,860.00 Cloud Service - Hosted Named User AMERICA B67293 - Oracle Fusion Performance Management Cloud Service - Hosted NORTH 250 12 mo 1.20 3,600.00 AMERICA Named User B67294 - Oracle Fusion Talent Review and Succession Management NORTH 1000 12 mo 0.20 2.430.00 AMERICA Cloud Service - Hosted Named User B67295 - Oracle Fusion Workforce Compensation Cloud Service - NORTH 1000 12 mo 0.61 7,290.00 AMERICA Hosted Named User CPQ-2947179 -1 Issued by Oracle America, Inc. 3-OCT-2023 Page 2 of 6 4 a :Data Center �z .4, `' r �` ,Wy Cloutl Services t k ' Term#� - s s , , ,�� ,�. Unit Net Price k'Net Fee R i� , e ,a„ ; � � � �.� l? ion��.� a, _:•.�`�.. ,. �'...,�� �.�.-; x:�ti,.���*. �'� • � _A k. tea,.-;4.`,�.�., „� ,��.v �...... . B81291 - Oracle Fusion Career NORTH Development Cloud Service - Hosted 1000 12 mo 0.20 2,430.00 AMERICA Named User B89432 - Oracle Cloud Infrastructure - Outbound Data Transfer - NORTH Originating in North America, Europe, 2 12 mo 0.00 0.00 AMERICA and UK - Government - Gigabyte Outbound Data Transfer Per Month Subtotal 402,290.40 Expansion at Renewal Term: 16-Nov-2024 Service Period 12months.; ti. c• Data Center' lerin ; £ Unit Net Price: Net.Fee Cloud services uan6 hr Region ," B69711 - Oracle Fusion Financials NORTH 30 12 mo 103.50 37,260.00 Cloud Service - Hosted Named User AMERICA B69721 - Oracle Fusion Self Service Procurement Cloud Service - Hosted NORTH 30 12 mo 1.62 583.20 AMERICA Named User B78967 - Oracle Fusion Grants Management Cloud Service - Hosted NORTH 10 12 mo 180.00 21,600.00 AMERICA Named User B84628 - Oracle Fusion Project Financials Cloud Service - Hosted NORTH 5 12 mo 151.88 9,112.50 AMERICA Named User Subtotal 68,555.70 CPQ-2947179 -1 5 Fee Description' h ,-Net Fee Cloud Services Fees 470,846.10 Net Fees 470.846.10 Total Fees 470,846.10 Issued by Oracle America, Inc. 3-OCT 2023 Page 3 of 6 & AGREEMENT 1. Agreement: This order incorporates by reference the terms of the Contract for Products and Related Services between the State of Texas acting through the Department of Information Resources ("DIR") and Oracle America, Inc. ("Oracle"), effective 30 Jul ,2018 (DIR Contract No. DIR -TSO -4158; Oracle Contract No. US -GMA-1889764) and all amendments and addenda thereto (the "Agreement"). The defined terms in the Agreement shall have the same meaning in this order unless otherwise specified herein. B. DESCRIPTION AND FEES FOR ORDERED SERVICES All fees on this ordering document are in US Dollars. 1. Terms of Use: All products and services listed on this Ordering Document are provided by Oracle under, and subject to, the terms of this Ordering Document, including the Agreement and all Oracle documents referenced in this Ordering Document. You indicate Your agreement to the terms of this Ordering Document, Including the Agreement, by signing this Ordering Document, and You represent that You have the authority to bind the Customer to whom this Ordering Document is addressed above to the terms of this Ordering Document and the Agreement. As applicable, Oracle processes a customer's order after receipt of a purchase order. Any terms and conditions on Your purchase order are void and have no legal effect. For Cloud Services, You may not reduce the quantity of services purchased hereunder (e.g., user or record counts, storage, etc.), in whole or in part, during the Services Period set forth above. The Services Period for the Cloud Services commences on the date stated in the Ordering Document, or, if none is provided in the Ordering Document, the day that Oracle sends to Your administrator the a -mail welcoming You to the Oracle Cloud that instructs You on how to create Your Cloud login and configure the Cloud Services (the "Cloud Services Start Date"). You must maintain a current subscription to applicable Oracle Cloud Services for the duration of any Technical Cloud Services ordered under this Ordering Document. 2. Fees: The Cloud Services Payment Frequency applies to all Cloud Services fees and taxes (if applicable), and the Technical Cloud Services Payment Frequency applies to all fees and taxes (if applicable) for Technical Cloud Services. All fees payable to Oracle are due in accordance with Appendix A, Section 8.J of DIR Contract No. DIR -TSO -4158. Once placed, Your order is non -cancelable and the sums paid nonrefundable, except as otherwise provided herein or in the Agreement. If applicable to You, You will pay any sales, value added or other similar taxes imposed by applicable law that Oracle must pay based on the Services You ordered, except for taxes based on Oracle's income. Also, You will reimburse Oracle for reasonable pre -approved expenses related to providing any Technical Cloud Services in accordance with Appendix A, Section 8.F of the Agreement. Unless, specifically stated otherwise, fees for Services listed in an order are exclusive of taxes (if applicable) and expenses. Cloud Services Payment Frequency: Your payment frequency is quarterly in arrears. Technical Cloud Services Payment Frequency: Unless otherwise specified in services descriptions applicable to the Technical Cloud Services You have ordered, or in an exhibit specifying the Technical Cloud Services You have ordered, the fees for Technical Cloud Services and any applicable taxes shall be invoiced monthly in arrears. You are responsible for payment of pre -approved expenses, if any, in accordance with Appendix A, Section 8.17 of DIR Contract No. DIR -TSO -4158. Expenses will be invoiced monthly as they are incurred and are due in accordance with Appendix A, Section 8.J of DIR Contract No. DIR -TSO -4158. 3. Renewal of Cloud Services: Notwithstanding any statement to the contrary in the Services Specifications, the parties expressly agree that the Cloud Services acquired under this Ordering Document will not Auto -Renew. 4. Price Hold for Cloud Services: During the Services Period, You may order additional quantities of the Cloud Services acquired under this Ordering Document at the Unit Net Price specified above. This price hold does not apply to Eloqua Marketing Platform Cloud Service, to any renewals or extensions of the Cloud Services ordered under this Ordering Document, to Cloud Services ordered pursuant to a separate Oracle discount or promotion, or to any Cloud Services other than those listed in the initial purchase under this Ordering Document. 5. Data Center Region: Oracle agrees that during the Service Period specified in this ordering document, the Cloud Services environment holding Customer data will reside in data centers located in the continental United States. Oracle may access Customer Data on a global basis to the extent necessary to perform the Cloud Services, including maintenance and Cloud Services technical support. 6. Offer Validity. This order is valid through 16 Nov, 2023 and shall become binding upon execution by You and acceptance by Oracle. 7.Additional Fees for Any Increased Usage/Capacity: As described in the Oracle Government PaaS and laaS Cloud Services - Service Descriptions available at http://www.oracle.com/contracts, if you in a given month exceed the quantity specified for any of the Cloud Services listed in the tables above section A with "Government" in the product name ("Government Tech Cloud Services"), then you must pay for such increased usage/capacity at the Unit Net Price specified in your order. You must allocate funds for additional fees for any increased usage/capacity of Government Tech Cloud Services under this order. b. The increased services shall be equal to the actual number of increased usage/capacity in a given month less the quantity of services ordered for that given month under this order. You will be invoiced directly for the additional fees applicable to such increase in your usagelcapacity, monthly in arrears. CPQ-2947179 -1 Issued by Oracle America, Inc. 3-OCT 2023 Page 4 of 6 d. Such invoice shall not require a separate ordering document, and your use of such increased usage/capacity of Cloud Services will be pursuant to the terms and conditions of this order. C. SERVICE SPECIFICATIONS 1. Service Specifications: The Service Specifications that govern the Services ordered consist of the documents listed below, which are incorporated into this Ordering Document. The Service Specifications are subject to change at Oracle's discretion; however, Oracle changes to the Service Specifications will not result in a material reduction in the level of performance, security, functionality or availability of the applicable Services provided to You for the duration of the Services Period. The terms of the Service Specifications, including any subject matter addressed in the Service Specifications, will replace any inconsistent term, similar subject matter or scope of service delivery in the Agreement; however, unless expressly stated otherwise in this Ordering Document, the terms of the Data Processing Agreement shall take precedence over any inconsistent terms in this Ordering Document, Agreement or Service Specifications bu t in no event shall any documents take precedence over DIR Contract No. DIR-TSO.4168. For the purposes of this Ordering Document, references to the term "Customer" in any document within the Service Specifications shall mean "You", as defined in this Ordering Document. • Service Descriptions and Metrics Oracle service descriptions and metrics govern Cloud Services and Technical Cloud Services. You may access the version of these descriptions and metrics that apply to the Cloud Services and Technical Cloud Services that You have ordered at www.oracle.com/contracts. • Cloud Hosting and Delivery Services Policies Cloud Hosting and Delivery Services Policies describe and govern Cloud Services. You may access the version of these policies that apply to the Cloud Services that You have ordered at www.oracle.com/contracts. • Program Documentation Program Documentation refers to the program user manuals for the Oracle Programs for Cloud Services, as well as any help windows and read me files for such Oracle Programs that are accessible from within the service. The Program Documentation describes technical and functional aspects of the Oracle Programs. You may access the documentation online at www.oracle.com/contracts . D. OTHER 1. Terms: The following terms, as used in this Ordering Document or the Agreement and whether or not capitalized, shall have the same meaning as the applicable defined term: "Agreement" and "Contract'; "Customer", "Client" and "You'; "Program Documentation" and "Documentation'; "Ordering Document" and "Order Form": "Services Term" and "Services Period"; "Your Data and "Your Content". 2. Data Processing Agreement: Oracle's Data Processing Agreement for Oracle Cloud Services (the "Data Processing Agreement"), which is available at hftp:/Iwww.oracle.com/ dataprocessingagreement , is incorporated as Appendix N of DIR Contract No. DIR TSO -415.8 and describes the parties' respective roles for the processing and control of Personal Data (as that term is defined in the Data Processing Agreement) that Customer provides to Oracle as part of the Cloud Services under this order. Oracle will act as a data processor and will comply with all applicable data protection laws to the extent such laws by their terms impose obligations directly on Oracle as a data processor in connection with the services specified in this ordering document. Oracle will act on Customer's instruction concerning the treatment of Customer's Personal Data residing in the Cloud Services Environment, as specified in the Agreement, the Data Processing Agreement and this order. Customer remains solely responsible for Customer's regulatory compliance in connection with Customer's use of the Cloud Services and will comply with all applicable laws in connection with the performance of obligations or exercise of rights under this ordering document and the Agreement. Customer agrees to provide any notices and obtain any consents related to Customer's use of the Cloud Services and Oracle's provision of the Cloud Services, including those related to the collection, use, processing, transfer and disclosure of Personal Data. 3. Assignment of this Ordering Document: Notwithstanding anything to the contrary in the agreement or this Ordering Document, You may not assign this Ordering Document or give or transfer the Services, or an interest in them, to another individual or entity. If You desire that Services be acquire d by another entity, such other entity may order services under a separate contract. You may not grant a security interest in any of the Services. Notwithstanding the foregoing, upon advance written notice to Oracle, You may assign Your rights to the Services under this Ordering Document to another governmental agency as designated by the Texas Legislature (i) that is a successor in interest to You that performs Your statutory obligations, or (ii) as necessary to satisfy a regulatory requirement imposed upon You by a governing body with the appropriate authority; provided that (w) such assignee entity agrees in writing to the terms and conditions of the agreement and the Ordering Document, (x) You provide Oracle will all consents necessary for the assignee to access Your Content, Your Applications, and any other of Your materials In Oracle's possession, (y) the assignment does not result in any change in Oracle's rights and obligations under this Ordering Document (including with respect to the Services), or expand, modify or otherwise alter any use or component of the Services or Services Environments provided under this Ordering Document, and (z) following the assignment, You shall immediately discontinue use of the Services acquired under this Ordering Document 4.Optlon Years For clarification purposes, you shall have an option to renew your subscription for the same services listed in the table above at the same usage limits for two (2) additional 12-month renewal periods (each an "Option Year") for the fees specified below. Professional Services are not included in the Option Years. CPQ-2947179 -1 Issued by Oracle America, Inc. 3-OCT 2023 Page 5 of 6 Option Year 1: (commencing the day after the last day of the Services Period specified on this order): $[Total 12-month annualized Cloud Services fees for the Services Period under this order] x $470,a46.10 Option Year 2: $[Total 12-month annualized Cloud Services fees for Option Year One] x $470,846.10 You must provide Oracle a minimum of 30 days notice prior to the expiration of a service term of your intent to exercise an Option Year and execute an order for the new option period prior to the expiration date of the existing services period. The Cloud Services listed above may not be renewed at the Option Year pricing listed above if: (i) Oracle is no longer making such Cloud Services generally available to customers, or (ii) You are seeking to cancel or reduce the number of user licenses of the Cloud Services set forth in this order. Brazos County Signature Name PTAVjt= f c c ILS Title G 0 Lt tN-c^l JiX 06 E Signature Date 0 el-ro 6ep_ 02Lt� BILL TO I SHIP TO INFORMATION Name Brazos County Customer Address PO Box 914 BRYAN TX 77806 Name Brazos County Auditor's Office Phone 9793614292 Email cwendt@brazoscountytx.gov CPQ-2947179 -1 Customer Name Brazos County Customer Address 200 S. Texas Ave, Ste 352 BRYAN TX 77803 Contact Name -Contact Phone Contact Email Charles Wendt 9793614292 cwendt@brazoscountytx.gov Issued by Oracle America. Inc. 3-OCT-2023 Page 6 of 6 Client Name: Brazos County Address: 4151 County Park Ct. Bryan, TX 77802 Attention: Kristeen Roe/ Tax Assessor -Collector Date: October 17, 2023 RTL Account Manager: Karen Javerto Pricing List Annual Part Number Description Price Support .RTLFiRST Check2l Solution CHK21-001 Changing from one bank to another 1 $1,650.00 N/A (from PNC Bank to Truist Bank) o e RI Ian Plus applicable taxes Pricing is Valid for 60 days from Date of quotation Payment Terms • 100% of the Project Amount Due at the Time of Order $1,650.00 t tax Proposal Notes • Client must notify its bank(s) of its intent to generate ICL/ Check2l files through software provided by RTL and provide RTL with the bank specifications and required values for file setup. • Pricing, fees and options for depositing via Check 21 are negotiated directly by the client with their bank(s). Bank contract must be signed with the bank prior to RTL beginning implementation. • ICL/ Check2l files will be generated by the client, using RTL provided Check2l application. File(s) generated will be transmitted directly to the bank(s) from.client's location. • Check 21 file transmission options are provided by the bank(s). Client will determine their preferred option. RTL does not provide file transmission recommendations or software for file transmission. • RTL will coordinate with client and bank to define the testing plan and submission of testing files. I agree and approve to the base configuration as well as the terms and conditions as stated in this proposal. Client Contact's Printed Name;. -- Signature: Date: RT Lawrence Corporation - 7740 Painter Avenue Suite 200, Whittier CA 90502 - (626) 838.5000 - www.rtlawrence.com BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Brazos County Road and Bridge NUMBER: CC2023 Department DATE OF COURT MEETING: 10/24/2023 ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLARAMOUNT: NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: ATTAP HM ENTS: File Name 7-11_Ranch Variance Request Letter.pdf CountyApplication Signed.pdf 7-11_Ranch_Variance-Replat.pdf Replat of 7-11 Ranch Phase 1, Lot 1 R-1 to Request Setback Variance. Site is located in Precinct 1. Commissioners Court Megan Lott 10/17/2023 False False $0.00 Replat 7-11 Ranch Phase 1, Lot 1 R-1 to request a variance to the front setback requirements. Lot Property Owner requests a reduction of the front setback from 50' to 25'. Reason for Variance Request An existing pipeline runs through this property at an angle to the front property line. The available building area between the front setback and the pipeline easement is insufficient. Additionally, a 24.5' ROW dedication along SH 6 was made with the recent replat of property Lot 1 R-1, that further restricts the available building area on this property. The new building will still be approximately 80' from the southbound frontage road for SH 6. This variance will have no effect on adjacent property owners since the property fronts onto SH 6. Granting this variance will not affect the health, welfare, or safety of the public. Replat Request to grant the reduction of the front setback from 50' to 25' on 7-11 Ranch Phase 1, Lot 1R-1. Description Replat 7-11 Ranch Phase 1, Lot 1R-1 Setback Request Letter Brazos County Replat Application for 7-11 Ranch Phase 1, Lot 1 R-1 Setback Request 7-11 Ranch Phase 1, Lot 1 R-1 Replat Tvne Backup Material Backup Material Backup Material APPROVED (a4l aR Duane Peters Date County Judge Glenn Jonesj4:,[ PE #97600 `Y : Firm #9951 Consulting • Engineering • Construction Services Brazos County Road & Bridge 2617 Highway 21 West Bryan, Texas 77803 RE: 7-11 Ranch Phase 1, Lot lR-1 Variance Request PO Box 5192 Bryan, Texas 77805 Phone: 979-739-0567 gjones@ j4engineering-com October 3, 2023 On behalf of the owner of Lot 1R-1, in the 7-11 Ranch Subdivision in south Brazos County. I would like to request a variance to the front setback requirements. Variance Requested: Reduction of the front setback from 50' to 25'. Reason for Variance Request: An existing pipeline runs through this property at an angle to the front property line. The available building area between the front setback and the pipeline easement is insufficient. Additionally, a 24.5' ROW dedication along Highway 6 was made with the recent replat of the property that further restricts the available building area on this property. The new building will still be approximately 80' from the southbound frontage road for Highway 6. Affect on Adjacent Property: This variance will have no effect on adjacent property owners since the property front onto Highway 6. Affects on Health, Safety, Welfare of Public: Granting this variance will not affect the health, welfare, or safety of the public. If there are any questions or further information needed, please do not hesitate to contact me at 979-739-0567. V IGIIXU J V11VD, 1 L President "Aggie Owned and Operated" -Page I of I- �E OF TF ij GNNJONES io ••••.LE••••• 1......................... f 97600 XN t�l lk<</ONAL 'E DocuSign Envelope ID:4FD977B4-F146-46B6-9EA7-8B1BA417ABF1 Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 'Fax: "(979 775-0456 Email: plats(ftrazoscounWN.aov PLAT APPLICATION SUBJECT PROPERTY INFORMATION APPLICATION DATE *: 09/12/23 RESUBMITTAL: ❑ YES ® NO PROJECT / SUBDIVISION NAME: 7-11 Ranch PROJECT ADDRESS OR LOCATION: 24416 SH-6 S LEGAL DESCRIPTION:7-11 RANCH PH 1, LOT 1R-1, ACRES 2.473, IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS:1 TOTAL ACREAGE 2.469 JURISDICTION: ❑ CITY LIMITS ❑ ETJ A OUTSIDE ALL CITY LIMITS AND ETJs * Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. TYPE OF APPLICATION iiiiiiiiiiiiii ❑ MASTER PLAN ❑ SIMPLIFIED PLAT ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ AMENDING PLAT M REPLAT APPLICATION PURPOSE ❑ RESIDENTIAL ❑ MANUFACTURED HOME ❑ COMMERCIAL RENTAL COMMUNITY * OTHER (Please explain): Front Set -back Variance FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD.HA7ARD AREA? ❑ YES 9 NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur 'and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. TxDOT RIGHT OF WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES 9 NO COUNTY ENGINEER 911 ADDRESSING ❑ ADOBE (.pdf file) ❑ ADOBE (.pdf file) ❑ ' AutoCAD (.dwg file) ❑ AutoCAD (.dwg file) (Email To: plats@brazoscountytx.gov) (Email To: ais0brazoscountytx.gov) DocuS{gn Envelope ID: 4FD977B4-F146-46B6-9EA7-8B1BA417A8F1 E�ys"'�. ,'si''Isws .. aye,.:. •¢ Rai ICAFIT�aiG1 FIRM NAME: Sarre as Owner CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX EMAIL: F �wxy x 0r �OPERTY O�II�N it�lFORMTIOI ? �L .. �. ILL, 4r:Q. ._ ..,.:�...»� . FIRM NAME: LBMR Investments LTD CONTACT: Matt Robinson ADDRESS:18049 White Fawn Cir CITY: College Sation STATE: TX ZIP: 77845 PHONE: 979-324-4348 FAX EMAIL: Matt@gearheadautomotiveperformance.com FIRM NAME: Kerr Surveying CONTACT: Nathan Kerr ADDRESS:409 N Texas Ave CITY: Bryan STATE: TX ZIP: 77803 PHONE: (979) 268-3195 FAX: EMAIL: nathan@kerrsurveying.net m r.m s z-,., ,� ��, �? ,'i"_r' v=" ,� e'i" �R`:7aak� �y tixr �,s t3 s r '±;�,vZ.ads'�• �'r. "na� ��. ��8 3�� � C�k�tr: FIRM NAME: CONTACT: ADDRESS: CITY: STATE: Z{P: PHONE: FAX: EMAIL: DocuSign Envelope ID:4FD977B4-F146-46B6-9EA7-8B1BA417ABF1 By my signature, I hereby affirm that I am the property Owner of record, or if the Applicant is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this Application. I certify that the preceding information is complete and accurate, and it is understood that I agree to the Development/Subdivision of this property. CowSlgned W.9/13/202 SIGNATURE: F. (fbl�iwSao' PRINTED NAME: Matt Robinson DATE: 3 nnreFesoamacs_ SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioners Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. MASTER PLAN: No charge I SIMPLIFIED PLAT: $100 I PRELIMINARY PLAN: $150 + $10 per lot 11 FINAL PLAT: $200 + $20 per lot I AMENDING PLAT: $100 ' REPLAT: $200 II RECEIPT► • •UNTY (Official Use Only) DATE APPLICATION RECEIVED: / / DATE APPLICATION RECEIVED / REJECTED: J / SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): ❑ Three (3) hard copies to Brazos County ❑ One (1) .pdf copy to Brazos County ❑ One (1) .dwg copy to Brazos County ❑ One (1) hard copy to Brazos County Health District ❑ One (1) hard copy to Brazos County 911 ❑ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health District - For On -site sewage evaluation. ❑ Letter from Brazos County 911 - For Road names. . ❑ Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. General Notes: . b puywww�Y w..y.1 I. Y Mm Y. Irml .aeeF. L e.Y�°m .1 ice; weW~� (.M4 aH Rbrte�..l�e➢.Dy R.m GFp .D.�w11eF oaa u. Ww muYY Face] fum1R 1°am mlD mml-I.w tna v.Dwv F OIt1a7. L Or.c r dWuw Y N .YwI t•I I�oIq�YWN mIK T..DYY xla ma.e.w (m. l.Ylobl.d rW LYva�ca m.l. I.ar a \DFmotenFY.D L G.I.D.w Y..e Fm r• ®a NYow.r�m.1.Yw� aln.ln .YYS bib IIn1 Yy�a l.c.lH^YF In iCWmwY .�nls.�d d.ii WI l0. FmL pbY.v°�dblw°emLm°Wnti°.W.a� L /➢ elIDllu amn .w .px.amY. Wu+u L ya.Y .d.wY..®Wool. w��aruNY�IaoWY. ibWu lmO�•.a � a�� .oa Y�Tm� O�MMa1 lrsl+CM Kalb N4.m IUD. w..i a.�cw lYm Y�� m R^Pa) W Ywl Y 1b Pui b v Fa.. 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A mrva A oa1P fln ro •ram to maw x M laves Iv[ v e.m Im161a Iwcr. svr vvm ra vRmum Lllaml v rod lO/ Itl. 6np[ BOw M a ST NaIDI w S.0 bf i xmF wall i VI FCN �p lwNw�NDeR bDD-i0.Y°PwA� Y K tY w�a DSW6S�b�tlAtato 1¢il �° � �A raft mlf w 4lO°Ymp°iLpW LAY %Om or W4 W !— �ViYL= v nl.lo le ro A®Raac�cy Wl � Md 4.mi Y.v .scup Tm. °_- .n+". FawY lV M.w twYr. TUY Dpe✓n Fsa W.na.Uw 4 tF mrw twcl), iYr `me- �� Ymbm.Dt .wd la .a.DD4 p.pl/ 1D- •HaclwoV Fed F Ia9Yy°�°lN FYl RW Y •Y®. IDe9L P4. tK BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2023 Corrected Plat -Prairie Ridge Estates Ph 2 DATE OF COURT MEETING: 10/24/2023 ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name County Application_Signed.pdf Plat Corrected -Prairie Ridge Ph 2- 100423.pdf Approval of resubmittal of the Final Plat of Prairie Ridge Estates Phase 2 which corrects a title block error on previous plat submitted to the October 10, 2023 Commissioners' Court Agenda. Site is located in Precinct 2. Commissioners Court Karen Tyler 10/13/2023 False False $0.00 Description YRe Apprrcation for Development Backup Material Plat Backup Material APPRO tL4Pd a� Duane Peters Date County Judge Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: platsc@-brazoscountytx.gov PLAT APPLICATION PROPERTYSUBJECT .. APPLICATION DATE •: 09/14/22 RESUBMITTAL: ❑ YES N NO 71 PROJECT / SUBDIVISION NAME: Prairie Ridge Estates PROJECT ADDRESS OR LOCATION: 4592 COLLETTE LN TX LEGAL DESCRIPTION: A0051 00, GEORGE W SINGLETON, TRACT 33.1, 94.985 ACRES IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 20 TOTAL ACREAGE 13.44 JURISDICTION: ❑ CITY LIMITS @I Bryan ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs ' Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. TYPE OF • ❑ MASTER PLAN ❑ SIMPLIFIED PLAT 0 PRELIMINARY PLAN X FINAL PLAT ❑ AMENDING PLAT ❑ REPLAT APPLICATIONPURPOSE 17 RESIDENTIAL ❑ MANUFACTURED HOME ❑COMMERCIAL RENTAL COMMUNITY ❑ OTHER (Please explain): FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES N NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. TxDOT RIGHT OF WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? 0 YES a NO �...1 - Y yS3 ) '°7 'x£ Jr f'`Y}� ,y,{ �:t. P t � S�X.,;�c ^Y +j to 3_'�'''A %''y,� 3 s t<`ll,� ;�j`{' t• � Jtd X _R�,f{ � � 1 Lt "s".t'` �" S-,`' �t r'^ Yst � �,APPLICAN7INFORM,4T10N, ;�� � i ��,� s s, g � -� ✓J !x'i ; � k:�f,i` t _ ,,. ws't; r-_,.,._;z. FIRM NAME: Same as OWrier CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: +i f cY T. ,xd�..---r,y ✓J +..-�Y'a.r !- T5 K � $ �i,a �'yi -,,k.- .4 T`j.' _.. ��t y� "•''�:31 �{u� r`f _ �! ,Gti.. FIRM NAME: Greenbelt Group, LLC CONTACT: Tom Allen ADDRESS: PO Box 9894 CITY: Bryan STATE: TX ZIP:.77842 nn JJ,, PHONE: 9 `l'r[(p`j_(ejl� FAX: EMAIL: greenbel`fgroupbcs@gmall,com ;0'�iER:INFf���A��� �}' t-'f t .u�5�,�'� � r7. "f�v.. •,s.-' u;„�'ir,� *,.,,r�YiM,t-r� � i z,,.,�`�` 4xs �. e ?"€;'.Y,:, n:'�� ,�lt �`u'y FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: - PHONE: FAX: EMAIL: lama= PROPERTY OWNER CQNSEN° T /.AGENT AUTHORiZ1ATI0N1: BY. My- signature, I hereby affirm that 1:am the propefty Owner.bf record, or'illthe Applican't is.an organization or business dhrjty,,thbt,gUlhorizafiop has been granted to represent the Owner,, prganizatio'nor business ih-thls.*p 1 teiriify'tfiat the preceding Information iscomplete and accurate, and it It qNdrstoad* that t:pgr6e tort pnt1SuWivjsio of this property.: d 1 e-D'.e..[-OpM n SIGNATURE:.SIGNATURE:.PRINTED NAME;7`0M Allen 'DATE: SIGNATURE: PRINTED NAME: -'DATE: By signing this- -fcim, the. Owner g9perty -Out y to begin proceadingp In accordan with the ;process for this type pf ftdz@q BpZos, Count .Ap voi. this Application.. The Owner further ackfidWedges ttfatgubfnlsslon of an A00liballion does not In any way ob gate plication indicatid'on page one . y staff.` make �ceftaln- recommendations regarding� IMF the Count�-- to appmye the A Application, the pplication, and that althpugh :Count CdLift may not folloWtIlot r4qrnmeridatl 6 Wand may make ?!...fina.1-decision that does fiq;,d6nfqrrmo.th6 staffs recommendation:, Commissioner's. -CALCULATIONS OF MASTER PLAN No tharge. SIMPLIFIED PLAT*,-. $100 PRELIMINARY PLAN: $150 t'$,10 per lot FINAL PLAT: $700 + ;20 per lot AMENDING PLAT* $100 RMAT- 4200. RECEIPT BY AZOS; COUNTY (Offidai Use Onl�.) DATE APPLICATION RECEIVED:, i 1. DATE APPLICATION RECEIVED I REJECTED., SIGNATURE: SIGNATURE: Recdipt,of this -Applicaton.by .Brazos County does-106f- prwAde cofifirrnaflon or acceptance. -.of a complete. Application, nor d . .does it -waive NqUirements fora - hy-;Oditiona,jptaFM6tib,nnot-conta,inedi6s.pa(t�of'thlsA plication.whichm also,.be needed as,a partofth reViewprocess. I ..p may Application Check List: Copies of finished Plat with corrections (if. any): Q Three (3) hard copies to Brazos County .IS One (1.);pdf copy to. Brazos County 0 One (I . ),.dWg copy to Brazos County .0 One. (1) hard. copy to Brazos County Health District: 9 One.-( 1').'hqrdcopy to Brozos, Colt 911 Mi One (1yhatd copy to local Water District or Company :- Letters of approval (to be sent by the. approving. institution directly to Brazos County Engineerind) W 'Letter from Brazos County Health h, Distridt - For On -site. se wage. evalivatloh. a Letter from Brazos County 911 - For Road names. K Letter from WaterDistriot or Company.. - Stating, water availability, etc. If property is within -an Extraterrifotfal Jurlsidiction (ETJ) of ,a. City: X. Approval notification, from appropriate City. Applicant attests that they have signed this Application in the capacity designated; if 'any, and, further attests_ that they have read document. and the statement contained -herein sand'-ahy'attachjod aretruo arid- factual. All Applicants are encodraged.-to, reVieW the: County Regulations -;prior to any plat sUbmittal'. It is Ulndersioo&fhalt this Application is not finished or :dated until all documents listed above -are filed at the: -Brazos.County Engineering Office and all applicable blanks: are filled in -the- Applicafiorl, above. General Notes: a � � `� �u .[Y bum VSW f•Rr m.Y VYv abW rml,m ..W U• I.ma (L,aaq lyr3 mtE N.R-,rr mn,Nb•m, a1,aS] L 4W 3•Y�4m•Wo�i I.a RMr•1 m•Y.�imm�mNm 4aLr W ImalRamt[rR fYbN.w e+y [.aaY)� L .:�1 r m �Y wYW.ea ub•meo{na.�..Y�W .fir • •m b a � [Y�w1�l wum .wna� bx.'°w•Om0ywW0Y..L� ua�ie i rmoai a]can W[ 16 mLL ) 4 US b ur •mYtme• rU •e Dnrr m®y vmamra W nry.ur. 4 mdnmr •b•n •im3 rn•.. M rRa In[I33 w INw ta®h Prat IDL1e1 PLm): w I� r m n�. r.Y. 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M wnixr¢r IER aI • I'ANm roes •aa TLGI v Iwa mwPm W M main A mwrA+.�hn [Imo M. xml�imc.� P �m w IGR N O �TL[ paYli[ C]Wm m YO tm f6L T[1ef e90fu'Lmir � • w,�uc[ a {rim � roA�'nm, ®xSeO]e]tso � LPL rn Laom v PN.L Sv¢ wlp r a , UEawo arso Nm M saax mm Ramf aE]cL ,ml M YOfEQa la]a ar 6a9 Pa1CL ®R aax] nNY E. Ip M IaIAW nrR la) m,e46 Av0 p6mm ,ai m ,r •r . A EEocc v urn rm m A 1/! vax )m am ip4m'N•.3E6lYQvuW IarW A,/t S4H mW mD YII NNmi Iovm6Em3G%t�. �Nu¢ ml� InT m M IWl W l6CNfO IOLLaI Na awMTm a M rwalEa INl IDU I0.am m EVATr4ma tEmr / 1[emi Lmm � mR aom mnrax 'Dour uaam ,xama CI 3L,a' Am' 00 •r EY O ,r aY {I• R 31AY ,mY p ]a{[Y mm ar N• ,r N m' m' fY L lacar Smar tilt filar m m Er N >r tY o9 • ],Ar 112a Final Plat rame Ridge Estates Phase 2 Rhrt JLaY /iS!• fWxtlloY f-4 D.+f.fLwJ4 Llxaman.Ifraa R ROIV-21fou @i swlm/MJALTmcrr v24d4dAtRamre rot[ Vo/ /B7JH lhdel0llOPRffa7' Gemlm lY. S/ngWan[ �eSunq;AdanRJ! NJa4Rrum['wcry,T SrPL[m6rr72t rQrcc��kLTl, fiYbyv.OJn 7X P Am�r14FngineeMg .v.le...A.r f.�mti{fa,LIVO Lyl a"ra%Yfj/y(e AI{Lam D ra1SFPR/ -F,M BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: . CC 2023 - Utility Permit - Road and Bridge NUMBER: MetroFibemet, LLC - Mumford Road - Install internet cables DATE OF COURT MEETING: 10/24/2023 ITEM: Consider and take action on the MetroFibemet, LLC utility permit to install 5,700 feet of conduit and fiber optic lines within the right of way of Mumford Road from the Bryan City Limit line to Keystone Drive. Site is located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 10/19/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS File Name Oescri ton TIM Utility_Permit=MetroFibernet LLC_ Utility Permit- MetroMbernet, LLC - Mumford Road- Install Backup Material _Mumford_Road= _Install internet cables.pdf internet cables APPR® 7 Duane Peters Date County Judge The top of the Uber optic hality sheep be placed a minimum of 411' below on ditch arada of 18' below tM pavement structure of f1D' below the tap of tM pavement surface, wbfchover is greater. me doparbnord may authorize a mhmum depth of lover not less than 38' below hM ditch grade of 07 beWw the top of fM pavement sueaee. whm hem is greater. if the utility waives damps and fully km%mrtitns the department in a form acceptable to the department r.tf-GBD Proposed 1.25' HOPE SDR 13.5 Duds via Proposed Undefpround Fiber Optic Cable HaVrDntle Directional DnMN Tr*c4f 61.25' HOPE SDR 13.5 Duds via Horizontal Directional Drilling ■ Proposed tr Square utility Box O Proposed 1Tx38'x18' S 13W4'x15' HKs (with 38'x48'x48' Gore P4 ®` a J J 0ja E z o z LLJ h] t 1 e ¢8 cR o LL O (L a O � M a a � 0 J 01 1"20r City.offt'an Utilities 7 Fire Hydrant Texas Utififiet.': Sknitay SewerMH fadmount Transformer Storm Sewer MH Mount.Transfoffner. Pole.. .. .. ... Marker.: SIMSWR rM Secondary Pedestal . vrtH Water. .7 . . .... Public or . : unspecified * easements Luminaire Street Light Drainageteasements Luminalre Flourescent Light . . ... ........ .. . .... .. ....... . .. Decoratve�Lpminaire ight..' Existing Comms Easements EFID W. 71.. Ito Ml ir Uff T 44.1 PASSIi�l■• PASS [IIOq A­ yr 71 .11. a Y C.9 x x 7 p. CWIftl x gj- 7 LEGEND Tr I., Y W.Jr llr 46. S19, t,0l`j6 FW �34 -Re :M: a. i ARK' 011 . 3SIX. y W. In- ISO' -1 I IM 111. 1. "t W.. -7.0' 1 05Y qw- =0 720. 71s, Ill0 613, 120., aw . M. Too, -10, fl-V Mr, -210. -fa' —R 0 - -M. 10 01)[1 gl- 7 .ffs .. e Tali < Als 4V It 46 —Oft% InIIeNL rlz t Mg." 4. L low: CWM,tkllq. =11Z tv ov., -rollft 4; Mdr. fi0_1 MW an YwN xx INA 1*,& 114 It fig. "I. me x zt, 4 1. :-M 3 -41. 30 Is MMI I P7 B. x 411- 248. t =,"," �Ift ..r "—to ff. M, .—ft DIM. Xppf X J-1- L,d0IM "I.t., 4 "fM. IN . LU 1,,V Vrp -Jr.: J .16 C, . "I am P. PIS,NOT C, .11.Ice CARE PASS LL TRAFFIC CONTROL PLAN 913 PASS rt DION"" -.w I. -TRAFFIC'SHIFTS ON L nal I ROAD wml� lbr T-LANE ROADS 2 igWO TCP 42-301 TCP (2-31:01 YCP(2-31-23 2-LANE ROADWAY WITH PAVED SHOULDERS 2-LANE ROADWAY WITH PAVED SHOULDERS ONE LANE CLOSED ONE LANE CLOSED ADEQUATE r 0 OF -VIEW INADEQUATE.FIELD Of VIEW FIELD En Ion M Tile top of the fiber optic facitty "I be placed a minimum at 48' Proposed 12V HDPE SOR 1.315 Duch, via — — — — — — — — Proposed Underground Fiber Optic Cable below the ditch wade of 10- below the pavement Structure of W Morizignua Directional Drimnq Tracer US, HOPE SOR 13s Duos via below ft top of lligg, pavement surface whichever Is greater. the proposed Ir Square Utility Box Horizontal Directional Drilling department may gavingogird a minimum depth of cover not less then 3W below the ditch grade of GV below, the top of ft pavement t33 Proposed 1rx3M4r613r44NIS"MM's surfigod, whkbevef is greater. If the ulft watvos dangeM and fully Wth 36 x48'x48- Dora Pit indemnifies the depaggingint in a login acceptable to the depadMOnt. �JMM 24. u"" tou Ong 24 BW 19 010 UPI i�, "A 9 406 i PASS a tMogim'. 31"'a14*t we a..h 41—O. 4-1 "Bid 24 lir . CIP •tfh wto" ow i.64~9tmu .f Bit TM 5 0_9• ■a. V.., mom W."ralit M ....: .W..611AWA Wassr-1 at 150, GOV too, 30' 09'. 317 .32- 70. 1w ' "' 43 W -m- "T 15 32W M: M :R 109. --w RW M: 650, sm. "ir. ss, S 110, SW M. 53 F2 '.. 1 OF Boo, Too. sw CIO, Wo• via- 41Y M, aw lio 'S is c B,' 10.• N CLOSED11111.2 tYPICAL US AGE Banal ST O RABB J.A-A art 34- gr— KMIK96 RMINA -W I'k,BB r. -4 Tep IzAdo 3. rrvaq DorsalA WII wmam -0 IM oe w cit-a! aft 4.0 1111at ? 0 ~11.0 IWO. Ar 4k VOpp'. 12-1til 7.'4-1- on a L Rd M•2 =w M.-L• 1d .,ft a. �j OB43-P ... .. .. ... xx 0 iCT Mg& PA F dn 34" ROW 0 c OIQAVIV "Bl"Ar P&BOOMB100101 LAI 014 .7RAFF-IC.CORTROL PLAN LL .: . Ab N DIVERSIONS -AND 0 CA, Q -NAR .'BRIDGES it 2TCP 42-701 UP 92-70) TCP(2--z ROADWAY DIVERSION BRIDGE WIDENING '0C the rotted ber0l1fi Cable with faciliVehaUbeplaced aminimum 014117 Proposed 1.2&1 HOPE SOR 13.5 Duels via — — — — — — — — jPmposC9d Und8fg fiber c p of the fber mut Oc departrit 'o optic Tracer& 1.25' HOPE SOR 13.5 Ducts via Wit OB­`4A'1= below pavement of Hoftntla Directional On below Ow top of me pavamem surface. Wkirever is greater. the Horizontal Directional Drilling N Proposed Ir. Square Uft Box �m4LAm departmerd may ataltarize a minimum depth of cover not 105 Itian Flaw PAI=t Wbelow the ditch grade.of 6(r below the top of the pavement 24JUM2 M praimed J7-x3Wx1W.&.`l3-x24jd6! Hffa is greater. irgo uwty „naives damages am W twk36'x4rx4V Bore Pit anL- . . ..... ... ----r —1mo —1. - : .. 46 9 14. LJ CARE R4-8 WNW .... . ...... .......... . :, 307 ia; 15 10 Is MOO- '52' lbd" GW am A "61 71S.-W Tm—• AM. Too- 35-0 :41D. fro- T,: 82V w isw -7. ... ... . .... V wa [CAL. 46 s. Niffm MIES IRA P. •-W 42".44. A" A11Mo 0 iA A3. . wd ..W. OV. XA, �1. V'4 1.1 if C.) I 01 Tcp 92-3.1 63-3 , Wo mn,— .01 All OIL OR "Al V: MW A I moo I ROAD :10mewl 6;0* ft. I xx.. .. .. . ... ftm Zawlraf tc Coer01kelm. AI- xx 00 sjs " Sol. PASS -TRAFFle CONTROL. PLAN!:­ LONG:TERM:= ROAD C4MTRlX:E. IOWA': TlrP f2-Rhl** ""ll The top of the fiber optic facility shall be placed a ffWmm of 48' ' Proposed I.W HDPE SDR IIS Duch via — — — —• — — — — Proposed Underground Fiber Ciptic C-Wa with boW the ditch grade of III! below ft pavement 31micture of or —7HMwntLa Ditiactional Drilling Tracer 61.25 HOPE SDR 11 SMMOO below the top of ft prmement surface.whichaver is greater. the Horizontal Directional Drilling depafteM may authorize a rnhihum depth of covernot lose than ■ Proposed 12- §qmm U141ty Box 3V below the ditch grade of 6Cr below tho top of the pavement M Proposed 1rx3lrxlir & jWx24-XW HHs surface, whichmor Isgreater-Af the utility waives damages And DAV Sore .Pit , Indaninifies Owdepartmentin a form acceptable to the department.' ttfa8loet :. The top of Ua fber optic fad* shag be placed a mmmium of 4V —. — — — — Proposed 1.25' HDPE SDR 13.S Ducts vie — — — o — � � � : Proposed Underground FiberOpticCable with below U+e ditch grade of 18' below the pavement stnxture of Slr Horizonta Directional Drift " , Tracer 61.2V HDPE SDR 135.Duels via - below the top of the pmmerd surface. whIchaver is greater, the Horizontal Directional Dulling- . deperUramay autpriZe a minimum depth of cover not less then . Propped 12' Square Way Box 3U' below tha ditch grade of l)W below the lop of tho pavement Co Proposed 171r30'x18' iL 1744'06' HITs. wdam mitichaver is greater. If the uLTity waiver: damages and tufty • • ' . (wild 367t497c48' BoM Pit. .. • .indemnifies tM depsrbnent to a farm acoaDtaDle to gle.depaNnent - :: • ..:; SEE SHEET 09 FOR REAQABILITY, • FIXTURES NOT TO SCALE (� ' . � � � NOTE: Maintain a S' horizontal clearance and a 2' ALL FIXTURE MEASUREMENTS ARE TO GEOMETRIC CENTER. g, `r� � r' } r ' vertical clearance from all existing underground _-�-�^— ti • � L utilities not solely BTU. Install - V REFER TO M'• all hand holes 36` deep and .13 PROFILE-B fi' d r flush with existing ground w r tii. Tax _ DRAWING►, SHEET 1l17 r \ " f S v err;(•) 4 3U'iS6U�Ol/'"/77 - ' ""► O ,�F; s'" ., ' 31•to i0+ � ~ '' • �,LIG Dlfd`PlaceflNtltt/yt • �' { � �,,�� `• a9D7/.-9 3era� � � '"pp � .�,-ry �&(1}`�aflct � � .• ; ` UG p REFERTO PROFILE -A V. � ,',� '� DRAWING �� a��:�,• � � �4�� �• ��a1`,� �< r�,y �� � �„�T � r r F,b .r .A � �a^� , qa qft3. w �',r Tt .;' S^ 1, of. i �" .'yy.,,, ,+ ••a •-. yam..,. t -;r ,.s_' y, r e;`�r a '..o� .. `•+^- .}. a .,;c;� a�4F :73��iy. �. � � �, _ ��""_ri� �.. 11J "' ` .� 1 ' �,y ,,�A ' � �* • � x� � ,��" �"`� +;.r` � , ,' ak Station 0 " 1�1��2' " .��� ^� "> � � �'��• •+° '�� �� � � �� �rt� y`Z`. '` �O � �„i. 30.' 7t)4/.�:�388428 �� Z `� �"� , .* r .. �` rQ.n / � � �. � •. � � a'.�i����r .ate �:/ � � - . "Y> � � OL N b� Y W � ,r• / -': � � � �! � "r r� �� ,Z� � �?�;: � i' i� IL � cat `� 0- r i xC- rF �► ;�i. .,,T'' � sy .a...- ., ':t, �,� .-� �7u � i>� �fi-j�l� � .� Sg' I �y 1 0' 2ar LEGEW Olio e: The top of the fiber optit facility shall be placed a minimum of 48' — — • — • — — Proposed 1.25' HDPE SOR 13.5 Ducb via — -+ — — — — — — Proposed UndeMmund Fiber Optic Cade with "�.— below the dxdt grade of 18' below the pavement structure of W Hommntls Directional OhNing Tracer 61.2V HDPE SDR 13.5 Ducts via a `•;, Wow the top of the pavement sudece, whichever is greater. the Horizontal Directorial Drilling doparanentmay authorize a minimum dapet of cover not less elan ■ Proposed 12- Squire Utility Box woxa wmaii, 38' below the ditch grade of W below the top of this pavement 243342 surface. whichever is greater. If the utility waives damages and fully O (with 3&'xsed 77-x3i ` Boa 6 135d4'k15' HH's no as wu, as bidemnifics the departnent in a ton acceptable to the department. (witA38'xeCx46' Bore Pit 08 YO 1,.. t. `,'c REFER TO DRAWING CirloorAnAmUTY FIXTURES NOT TO SCALE. ALL FIXTURE MEASUREMENTS ARE TO GEOMETRIC CENTER. NOTE- Maintain a 5' horizontal clearance and a Vvertical clearance from all existing underground utilities not solely BTU. Install all hand holes 36" deep and flush with existing ground -777- j SEE SHEET 09 The top of die fiber optic facility shall be pieced a minimum of 411' Proposed 12r HDPE SDR 13.5 Ducts win — — — — — — — — Proposed Underground Fiber Optic Cable below the &tCh graft of IS- below the Paverriont 5VUch" 016(r Hoftentla Directional D63ing Tram & 1.25'HDPE SOR 13.5 Ducts via below this top Of OW POV01'rieFt 51.111116M, whichever is Wester. the Proposed 12- Square Utility Box Hons'antal Directional Drfti; d6p&ftM may SUVWks 4111d.th, Lgn depth Of Cover W 119113 mar 3$' below 8* ditch grodo of 6(r biclow me top of the pavement m Proposed I 7-x3(rxlB- & 13rx24-x1V HKs suffew. vKxtww Is 9matim If Um ulft waives dwn" WW fuly (with 36-X4ft4r Sam Pit IrWomrifts um asismirtm in a ram eopoptiiible to the depammmi. C 0 JL) E `nxii,rr t UG Dtici y. � � Directbna HDPE,SD FORREADABIUTY FIXTURES NOT TO SCALE s� ALL FIXTURE MEASUREMENTS ARE TO GEOMETRIC CENTER. NOTE: Maintain a S' horizontal clearance and a 2' vertical clearance from all existing underground utilities not solely STU. Install all hand holes 36" deep and flush with existing ground 4(< i�,r, Y r� rraut•- 3 5 Ducts 4BCt & (1 er Optie Cob 3 to 84+44 , i ~Is42 4 Y..".... AN IH -- �. :13°nt+68 T T SEE SHEET 10 LEGEND The top of the fiber optic facility shell be placed a matfmum of 45' — • — . — — . — Proposed 1.25' HOPE SDR 13.5 Duds via — — — — — — — — Proposed Underground Fiber Optic Cable below the ditch grade of 19' below the pevomord structure of ea' Hodtrordla Directional Drilling Tracer 6 1.25' HOPE SOR 13.5 Ducts via below the top of the pavement surlaco, whichever is greater, tM IN Horizontai Directional Drilling depamem may authorize a minimum depth of cover not lass than Proposed lr Square Unity Box 36' below the ditch grade of Bg' below the top of the pevemem p proposed trx3a'x15' a 13'x24'xl&' HH's surface, wnirhaver is greater. It the utk%ty waives damages and fully indemnifws the department in a form occeptable to tho depattrnem. (with 38'x46'x48' Bore Pit 'A" meet UG Du6t lslk6 Directional Soiri., lace 2jA'. at Stations A!, i7 F READABUTY. FIXTURES NOT TO SCALE. t ALL FIXTURE MEASUREMENTS i ARE TO GEOMETRIC CENTER. NOTE: Maintain a 5' horizontal clearance and a 2* vertical clearance from all existng underground utilities not solely BTU. "ej Install all hand holes 36" deep and flush 41�11— 4 with existing ground ­0 -0 SEE SHEET 11 LEMM The top of V* fber opto loaty sholl be placed A minimum of 40r- Proposed 1.2S* HOPE SDR 13.5 Dugs via — — — — — — — — Proposed Underground Fiber Oplie Cable below the ditch grade of 18' Wow the pavement structure of 6(r below the top of Me pavement surface. wt&Jwer is greater. the deparlmard may authorize a minimum depth of cover not less than Harizontla Directional Drilling Tracer & 127 HOPE SOR I&S Ducts via Proposed lr Square Utility Box Horizontal Directional Drilling W below the ditch Wade of 60* below be top of the pavement surface, whichever is greater. N Um utility waives darnsw and My indemnifles the departmorit in a form acceptable to the department. M Proposed lrx3Wxl8' & 13')24'XI5- HHs (with 3Wx48"AS* Bore Pit FOR READABILITY. FIXTURES NOT TO SCALE. ALL FIXTURE MEASUREMENTS ARE TO GEOMETRIC CENTER. NOTE: Maintain a 5' horizontal clearance and a 2'vertical clearance from all existing underground utilities not solely BTU. Install all hand holes 36" deep and flush with existing ground The lop of the fiber optic faality shall be placed a minimum of 48' below the ditch grade of 18- below the paveirwal structure of 60' below the top of"pavement surface. M ucheM is grater. the deparment may awhortre a ounimurn depth of cover not less than 30' below the ddrh grade of 6tr below the top of the pavement surface, Wftjw%or is greater. If the ubTity waives dameges and fully indemnifies the depaitnent in a form acceptable to the department REFER TO PROFILE-D DRAWING SHEET 917 SEE SHEET 13 rY AM t G Z00' Proposed 1.25- HOPE $OR 13.5 Duds via — — — — — — — — Proposed Underground Fiber Optic Cable wM Horizontta Duectional OnIling Tracer 61.25- HOPE SDR 115 Duds via Proposed 1Y Squere utility 8oR Horizontal Directional Drilling ■ f7 PrOpOSOd 1TR30^R18' 813�Q4'R76' HHY (with 36 as8'Ra8' Bare Pit The top of On fiber optic facility"be placed a min mum of 48r below the ditch graft of 18' below the pavamont sbtrt:turo of 80' below the top of live pavement Surface. ""haver is greater. the deportment may auMotize a minimum depth of Cover not lass than 38' below the ditch grade of 8g' below the top of the pavement surface. whichever is "Star. if the utft vroives damages and fully indemnifies the department In a form acceptable lo the deparenem. NOTE: Maintain a 5' horizontal clearance and a 2' vertical dearance from all existing underground utilities not solely BTU. Install all hand holes 3W deep and Flush with existing ground FOR READABILITY, FIXTURES NOT TO SCALE. ALL FIXTURE MEASUREMENTS ARE TO GEOMETRIC CENTER SEE SHEET 15 S7 Air t g • 200' LEGEND _ . _ .. _ . _ Proposed 1.25' HDPE SDR 13.5 Ducts via — — — — — — — — Proposed underground Fiber Optic Cable Horizontl Directional Drilling Tracer 61.25' HDPE SDR 13.5 Duets via ■ Proposed 12' Square uatw Bar Horizontal Directional Drilling p Proposed irx3tralfi' 3 1=47t15' HH's (with Wx4a'Mir Bore Pit G� C u OR E PROFILE_A • 'SAUNDERS'ST PrOle Lcmoidng NE ,3+50 4+50 4 00 5+00 -Road Bed, 0. rXing' Xing 24 -Maip-1 60, 727.7. PROFILE.- B' -SAUNDERS ST Profile Loolting NW 25' 25 Roa 8 01 . . . . . . . . . . . . . . . . . Vater.Aing 3W- 48" \;0'..x4lrx2V 72' . w a ... PROFILE-D.. SAUNDERS-ST Prarile Looking NE: - A 55+00 .:'56+00 - .55+50 56+50 Electri I Xing .24" 48" Vnd Ili MUM . . ...... .. ... .... . LEGEND .... .... . ..... . The top of the fiber optic faddy stag be placed a minimum of 48' Proposed 125" HDPE SDR 13.5 Ducts Via --k --t P-- Pwp=d Underground Fiber Optic Cable with bebw the ditch a 18'below the pavement structure of 80' Hmixontla Directional Dulling Tracer & JJV HDPE SDR 13.5 Ducts As below the top ofthepav• "odnAw Directional DMV rut� am •d roar m departmard tray authorize a minimum depth of cover not less than M Propose IrSquare Utility Box W below ft ditch orado of 60" below 0% top of the pavement . . ...... 0 Proposed 13'x24'x16'.MHs. —- surface, whichever isgreater. It the uglily waves damops and fully (w;lh 3Wx45*x4W Born Pit 7 ;Rr wix indomr6flostMdepwunontinakribu=plabletothe department 20 k R� ROB LK N: FEI UM top ojdftfiQbeMrdcp.Ohjc(Wdy �W be7pli,6W a mWhiVjfRqf41r 5 DuM via. .... Undergmund FibirOplide"With .. ..... low ih a Ach a is- below the pavement Strum" of sw Tf=r.& 12F HDPE SOR I&S DUCIS via.'. beWr the top of ft pavement ixdbce.'vMdwar Is CrGhtef. ft­ ..... y Haftortal Oftectiortel D dopaftent may auftdz6 a mWm4m'deplh of WW 001 lass than: �Wbol�w " dito grade 016V.below the IOP Of ft PHIMMOnt'. . . 0,:Pnwsedlrx3lrxiV.&13*44*xlS'HKs:.-. We". wWi&evet is gieajjr,-,lftM uOtyvatives damages and fLdly..::: .: . ,; . 1(w0iom . .- .: .:. ....... . ... ... .. .. ..... . ::. depeft : ........ . . :�,: shall.not fy County:;Erigineer:with n 24:hours of. beginning co istruction/repairs : Tliis"w' ill allowlhe R. ROAD OAK AHEAD HEAD ROAD WORK AHEAD c" • 48 to It: LEGEND z==za Tpc 3 6arr'coot 46 ChWMJSZInC Odyk*3 NOOVY Truck ~tea Aft tar CTUAI T170 I ler Mowred Fischpa A- board m porLwl* Mad I A6 Van. Ira Is Flow flog - riaqw: Ai I m 104 , .%ee note 1) a, x 24, is" note, ZIA, ISM MIa 21A R ROAD.. Zp WORK AHEAD cozo. ip I Ag- X 4 01- 11 triog, See ::�,. bb Tz A 2 2 0 work vanielde posted sbIefe rurnplo ul.11 De.1rcals, law t000m S umo-W4 ma.1 spa Ir of 0-1-6 yaa! Wigwam Orr" uott"0ff" 'o- r. No" a aat" SO 35.. 2 IS 205 165. 24 too. *46- 30. 75' 11 0! 10* 120, IS*-- 90, 120- 265 '1 29 320- 40' 80' 24W 45 So 55 -To- TO 75 L-ws•55o, 4- 1 540' A 90 20, ;201 ISS, IS" 1 600, be, - jco* 4010' .240- 605' "0"1 5v 50V 295, 600, 660, ILI, .0 —*1 M 1050. 'Is. ; 65. • 4A. Too*- 410' 700, TIO, 15 00. soon 475' 7501 82114 900' 75' 1 ISO. soo. 546, lf or cimr -:'b aue Note it Convent;6nos Roadictily, U ge ine tfl}laper-.fengiha no" been rpXWe4­tf,, fpeelm •Sm* smeano. . . . qf1Affsef%FI1:.;e NJ sum at trucks. I Mvftl)le drones. 7 era. dndj4.rVM,1n In -TYPICAL-USAGE 131C05 3tW41td 10M me MITIC Ion" of from wk wed Is � I -I or 30. rot .77 1. a ChOnnOT11I.11 . W. . rega a at all fi near.*& tra"ied GENERAL NOTES If a is" wea A 9,51— I. ficigs:artoomea to wwe irdom% ort'REWINEO.' 4. A411.1r4ftic consfol 40v.ic*x i4luarroled are Acculpid, i—p. mise MMIed WIn JIM 'Iraqi* arb!)f MT IMF 01!:lrad dVq Stated . the. plarmi or far raullft DO:n1oftce varr_Wwn sWoM by Ise Inolmoe. 9S":n*-*S 4 111 9WA SM simew Jed mterlol* Fa.be OFOCd of 30 rw- from '*:I;:y6 ow Man 3nientTry colarlq. flang "ostit"= Ise! notes A a sl� lignta. A $140" van4le WIM0 "a omptim Jr.= at 003111amed 30 a too feet in advance of Ihwt advermly orf�tlnq Inc Me orea of uftempalwre go wl�wwcrce a, Quall.j..Virw �x. if wW$ are to JOV" pecaInt but ram or WR ccM;I:ms rc*i;fe Me W*f(;C*cCn1tal -I* fecowift rq joslam "I b* ar—, I'se I gaiescom to olw.c-- m It. .. . . . . Sumirliu. tree iida, and 'ar', V4114cl.6 ..In Flus my go Das:,Iamd om"14, 0afto Wrote. C4.1 to :=XQ=n=,7Q,9r*fttf-`) 9 tprt loopl, c. See ICPIS.I..fv des hIgnocraw and - 11'eftals. 10mrs" torn �;clft or 01w cal swula tea 0"to nw fro flailf-cf-my JIM WA For pork" an ire Dared shwaver. j. Sm- s:q%s say. be use in ptoce or MI-11) 'AW SM AKAD". Mola to, ~Cer mX on CommInflonal eods.0 S. ROAD WORK AHEAD WORK AHEAD C26-2 note 40 X 40' IS" note 21 A'. Mai END I.10 ROAD As- 40- WORK' ti toss- 9914 AH.EAO I': A .24, vexes volawcampru of 113,11firporrodam, x .. 4iawpv TRAFFIC CONTROL PLAN A CONVENTION L SHOULDEk'WORK TCP (2-1c) TCP. (2-.10) TCP (2-W- TCP(2-1)- WORK' SPACE NEAR - SHOULDER' 'WORK SPACE - ON SHOULDER WORK VEHICLES - ON SHOULDER..'.perNer far "t, ce Convent iono I.'Roods *:,'.'7 Convent iono l Road Roods Conven:k ional I =442 EPARTMENT: Road and Bridge ATE OF COURT MEETING ROM: ATE: SCAL IMPACT: UDGETED: OLLAR AMOUNT: ►TTACHMENTS: BRAZOS COUNTY BRYAN,TEXAS NUMBER: CC 2023 - Utility Permit - MetroFibernet, LLC - W. 28th Street - Install internet cables 10/24/2023 Consider and take action on the MetroFibernet, LLC utility permit to install 2,500 feet of conduit and fiber optic cable within the right of way of W. 28th Street from Quality Park Lane to 2,500 feet southeast. Site is located in Precinct 4. Commissioners Court Darrell Kolwes 10/19/2023 False False $0.00 Ae Name Description Type Itility Permit - MetroFibernet LLC - W. 28th Street - Install internet cables.pdf Utility Permit - MetroFibernet, LLC - W. Backup Material 28th Street - Install internet cables BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: CC 2023 - Utility Permit - Road and Bridge NUMBER: MetroFibemet, LLC - W. 28th Street - I nstall internet cables DATE OF COURT MEETING: 10/24/2023 ITEM: Consider and take action on the MetroFibemet, LLC utility permit to install 2,500 feet of conduit and fiber optic cable within the right of way of W. 28th Street from Quality Park Lane to 2,500 feet southeast. Site is located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 10/19/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Il Utility_Permit _MetroFibernet LLC - Utility Permit- MetroFibemet, LLC - W. 28th Street- Install Backup Material W _28th Street - Install Internet cables.pdf internet cables APPRO Duane Peters Date County ,fudge Failure to notify the County Engineer's:Office within 24 hours of beginning construction shall constitute rounds for 'ob shutdown,. . By signing _below, -I. certify that I am authorized 'to represent. -:the Company listed below, and that the :-Company agrees to* the cohditionslprovisions included in this notification., ...:. MetroFibemet,.LLC . Company Name -SarahBrodk Y. Signature ;Permit Proiect Manag-er Title :. : ..... 01 9 V 14 a. rt 1 a r4•^ . y:; . 1 ifl Fl �q �!' , " i4vY. '•L4 yY t LEIDEM The top of the fiber optic Ud* Md be ptapd a minimum of 48" — • — — — — Proposed 1.25' HOPE SDR 13.5 Ducts tie — — — — — — — — Proposed Underground Fiber Optic Cade below the ditch grade of Ill'below the ptwem at stnrcture of 80• Horizonda DUactional Drilling Tracer B 1.25' HDPE SDR 13.5 Dugs via below the top of IM pavement surface, wttahever is greater. the Proposed 12' Square Utility Box Horizontal DUoctional DrEng deparbneM may authorim a mmmtu n depth of Dover not less than 3ti below the ditch graft of W below the top of tM pavemortt O Proposed 17'x3lTx1M d 13'x24'xW HH's sudaw, wtdchaver is greater. If the utility wolves damages and fatly (with 3g'x48 x24' Bore Pit) indemritfes the department in a form acceptable to the department. ..City-';6f Bryan Utilities... ... .. . Fire Hydrant: ryan; T .6xas,Ufififies. Sanitary Sewer MH-- Padmount Transformer. Storm Sewer MH ale Mount Transformer - Sanitary Sewer ... . ... . Marker ... .. Storm Sew6r Secondary Pedestal Water Public or unspecified easements Luminalre Street Light Drainage easements (3 Luminaire F!ourescqnt Light Gas Easemehts Decorativeturnina4re Light FAsting.Comms Easements Tower Electdeal easements Role Right.of.Way. . . .. .... _wATeRur--:—�-� Water Utility Easements. Switch STMSWR Easements ' Underground Overhead - E �j C3 0 UU -sswAuE-SSvVRUu1,LyEasements W Co ........... ..... . The top of Ure fiber optle facility shell be placed a minimum of 40" Proposed 1.291 HOPE WR 13.5 Ducts vla Proposed Underground Fjbw Optic Cablowith �"Ccw below the ditch grade of 18* below the pavement structure, WSW Horizontla Diredonal . . Drilling Tracer & 1.2V HOPE $DR 13.6 Ducts via .. .... �m below the top of the pavement surface, whichever is greater. the :HorizhnIal Dire6onol Wring 1R.-Propond 12'Squara Utility Box -W-1 departnien! may 2tdhDfte a minimum depth of cover not less than FN%Q= 30' below the ditch grade of 60' below the top of U* pavement El Proposed 17 40'x1W&1Tx24`x19'HH's. . ... .. 243750 surface, Wichever is greater. IftheuMity waives damages and fully (with3TX4rx24' Bore Pig. at indemnifies departnent In a form acceptable o the do nL, . .. :--0215 ' .•: .... New ... .. RDLD �DRA „�', A0A0 '0";. ¢.�.i Wills '- sw roe• n ' .. ��T' :.. i' mw rl .', ',.:..._ RDSPfSSMM W. QI' aG ' -f f1135 p �.leao« AT, r� CARE t� [ to•. 14 HOT I ;,r tier .:a a•I PASS '...._�,,. T i.lr a.n ,,..• Opel• Jrs�+P Iv ■ A .� GR[ fi 7[ 10•• n- ■ 3p• PASSl = J- r ,• -tom �. � . S � i LE rtw 3mmlw :. .• •r• 0,_!trllp wd«. rlpf/ arrl vw•'n• ® '.^.a ow•it. 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Ir, •• 1/J -1w In vpl •�� � .•. / � u01.i0rpi Or •1.w• � r �•s ra«a'I...wi f1i,/r•n1 4. TT (� i•1.00t ItO+R 13r• ro1n 1 ► N12 G q ... XX 1•vY• .36 N. •�Q to".. I w. hVrW rC u•aN•. '.• ... ... '' . Iaw rVr.. �:.... .. .. '.'.•., XX t1I.n.r ,;,,.,-•'-': z,. • . MOOPASS tier "`NOT •y . ' PASS •••/ ' rlw rwr Iy t' . . ;.• . la• I Aw `_.. {pp .t� /� Q[ ERD I \ RDAO 1%•Npl �n • . b VI4 r w •IDO• .�4'� i. RDEDtORR -wool •,•sr .. .r .r.�' 's:: wti n ARM [•n•tp Ex0 TCP E2-30I ';,o`,'a u TCP E2.3D1 2-LANE ROADWAY WITH PAVED. SHOULDERS. Z-LANE-ROADWAY WITH PAVED SHOULDERS' ONE LAN CLOS D ONE LANE CLOSED a. ADEQUATE F ELD OF VIEW INADEOUATE FIELD OF VIEW I.pa wa w rn um ,w mm nt•. aq, murrq tar.. w /opM In nou. Ovr•llr:rp a-Iw. M. b a•« 41,nppY . .. 0�:. C) z H Do g Q avaIDltm : .::..:•::.'. ' p op ry . Proposod�l.W HDPE SDR 13.5 0O.M via Proposed Underground Fbeir Optic Coble YAM �« 'Theta .of the fiber Optic facility shag be placed minimum O! 48' .' — . — . � +:, -- .+ wr o �. � laa[amrt ' -below the ditch grade of 16' below the pavement sbucture of GlY Horizontal Directional DriFing - - Tracer & 125' HDPE SDR 13.S Ducts.via , Mow tlletop elthe pavement sistersvlltirheverisgreater. Itle. Horizontal OireelkmalDrilling «crwrp department may autty fka a minimum depth of cover not less than • Proposed, tY Square Ubliry Box Ieunm.orauAls 36' below the ditch graft of Wr below the top of rite pavement O Proposed 1Tx30•x1 g• 3.13'x24'x1Y HH's • " re243750 surface, whichever is greater. If dle Wity waives damages and fully oas mo. ar. Indemnifies Ilm department in a farm Acttptabie to the department '(with 3D'x48'hQ4' Bore Pitt ... • .. " ' . :- 03 .. 15 —Ran. a010IRO.N raipet Rer,lr- r""-we. Nr•atArlrpr wppl.'q «rll/0oi-Dr-.Irle; '110Dpr rand ran. rr oA OI -•Ift[ W. '. m Ipl kiL• N•r •'NIS [Itn r\4• eY ramnrra aaIlto rT .IT •pr w tN•OI•w •INw tRtr10 •Oa\ ar - rtixr e./r•Clp./.tpnun wru•.rrr rlrrr •Ir.Lp b Wll fw1f0 IC Ipe tas tro:w-. ran\ •In r IIn ral,td «,rrr nrrltw fl oa t- osetiWo rwr en eo-eu el w e« N rr /a..am •Irrorr, towrh ra. wrpya, r o-Ihr N rA .�, Ir - or n fapr opel,lpr.•vd.• .ry;-afro aw-Ir •...-rn Ilrr s Ir.tlor, rerwr o-..rll.o a.lpn.., w.awrw.. 'rpw. w•tnw •drw rW .q w �IHOrr r/ M P.•I •/rql, M /a>rr In IM I0 pOrR, 0.1 .va Im1..: �In+w•r orlrpl Ai r w rww•. Ir rpq•I/rr rotwrr; ..:' pralp.I p.. .a?e b dltwrw onr o..rrw awrr3ta; A rwlvl 11 wr-.w rr o'. vdllr0.ran0b •A'b..Or •. . r[• m n• Ir is 1. rat« d n yr r . W IH rr rrgrrr r Igrf, .�.�. a U w• taq in atn 1>I. rlr•r w.ra «stH . eA,r. o•.D «+. mlrn.ntm oattpa ror ap er•sr..r• Hr. oewDa.s•arr.aCnerrr' TRAFFIC CONTROL,.PLAN JRAFFIC SNIFTS'ON TfnO-LAW ROADS -TCP112-33-23 r. r. rw ru rp •••• ............. ..... .. ... . ...... ...... . . ... ... ... .. .. .... I �Oa . ..... ::!;:": ...... ....... ........ ......... .. ... ...... ... ....... . ... ....... .. . .... O ......... . .. ................................ ........................... ..f, .... ............... .26 UM& ............... ............... ..... .... ...... .... ... ... .... .. .... . .. . ....... O .. .... .. ...I ....... ......�.:...:. skim 10 . . .... ...... .. . .. .. .... ...... . ..... .. . ....... . .... .......... . ... . . .... . .. . .......... ... ....... .. .. .... .. ... ..... ....... .. . ...... .. .... .. . ......... ... I .... .... .... ..... ..... ......... .......... ..... ........ ...... .. .... ......... ....... . ... ... ..... . .. ..... ... .. . . . ..... ......... .. . . .......... .. .. . .. .......... 77 ..... .... . .. . . ... .. . . .. ........ :30-..:. 53 w M, I Igo. 245--J-- sol:... Gor :120- ::W:- •Is sw 411. Sm- god. wl.,!-:,w-...:- 110, -NO'*- PW... vis. 4w M. 400' I— 7 -gW TSW sty ... .. . . ... ... .. . .... . ... .. ... .......... ..... : I :6gi .... . .. .... ab MD L flakto RORK . .. ... ... .. AO. CARE TAAFFtC TA `77-5!1i' 3®."m-" " HA ME REE FIXffa-M ELE3 "'Lm-3 mr TIMM —Mma OBEEME NON EEm TIME TYPICAL USAGE I xx V g 110.1" a; aE• 6e10 am=- 7L03.1p�1-' u!fa— I',j■ i T" Z;• 3 v.V410 D—ssl-- I -V.Wil — —0—.-L 1. fto-* 'S. Foo ftd TO,: of— I— N vwm'. 9,34 7ciuro of.80'•ii:i i::';ii•::if . .; i::iii^i:liEF .::; M042am1Y Directional pnlltng:....'..:...i':.roiiii:;. ' :'. i:iil :frocer fi:l.ls�:{'IUrt JUK:7so uucis. via:•: i:' ... .. :o:. •' :............E:'i..::.:.:::: eriaw,ononuW �..c amer Uteri iii ...........................- •.......•.::: : : r',i' i. .o:' .'r,;:ii.:....''............. i i:::.:.: ; ;Horizoirtal,DirectlonalDNllnp : :.:::•:::.....aro UETi ....... .. ............ . nsawo .mwmui ,not n aotlessthan. ...::::.......: ... •....... ..::...::..::.. .:. ..:•::: ...:::.. .: ... o wo�sea�rx+axis'a.;H►rs::::..::....•......... ::. • ..:.>::`.:::.::.'.: :::..:..... ii ^:....:. wota�roe:.:. :. 437 50 n Bc.erdfWl ai'E:iFi''E6i:i: a8 ... ... y.-..:. iE'ii:i::::...::.::.:::::.::: . . '30x48'i¢4::Bare,Pit)i :'. ii:•ii:''':.'':.::ii::::..r ::::: ......:"":."" •.'i�i i.: -':.;::.:::::ini; ':' . •.:::ii .':.:::.:. .;; ': fade ent:.................... .............. ..:...., . i:if:::.. ... ..................................... ... . .., :. ....... ....•.,..;...................,........... - ... ..... ..... - i::....: . _....... . NOTE: Place 1 25' HDPE SOR 13.5 conduit via Horizontal Directional Bore at a depth of Win 46" parallel & Min 60" crossing. Ground surface will be restored to original, or better condition. Remain IX from BTU equipment doors 3 5' from other above ground Infrastructure. Maintain a minimum of 5' horizontal clearance & at least 2' verGeal clearance from STU existing underground lines. Maintain Z minimum clearance from other UGiities unless otherwise directed by TXDOT. r Q � f v-._ i L' : 'NYC •��� f , eL 1 FORREADABIUTY, FIXTURES NOT TO �SCA�LE.`I ALL FIXTURE MEASUNTSARE TO GEOMETRICER 0 F'lectnc3H �{` ttaselleent SEE SHEET 09 G I lY 1k 70a' LE M — — — — — — — — Proposed Underground Fiber Optic Cable with The top of am freer optic, Lwj* Map be placard a minimum of 48' — • — — - — --proposed 125' HDPE SDR 13.5 Ducts via below the ditt9l gtoda of I below plo pavement structure of 80 Honwritla Directional Drilling Tracer A, 125' HDPE SDR 13.5 Ducts via below "top of the pavement surface. vottKhever is greeter. the Proposed lr Square utility Box Horizontal Directional Wing department may a Wwrlt e a minlrrwm depth of cover not lass than 36' below ilia ditM radar of Ee' below the top of the pavement to Proposed irxwxie, a lrx24•x1S' We surface, wnidhwr, is Waster. if the utkty waives damages and fully (with 30 it48W4' Bare Pig maemnides the deparvmm In a form acceptable to fM department -- Stt : Mtt I LID NOTE: Place 1.25" HDPE SDR 13.5 conduit via Horizontal ,: �A ' f Directional Bore at a depth of Min 48" parallel S Min 60" hti crossing. Ground surface will be restored to original. or better ' j� ,l(r Uti � REFER TO PROFILE A oRAv nr.� sHEEr its I doors 8 5' from " condition. Remain 12' from BTU equipment eQ 1 S. f ,.; � P s z other above ground Infrastructure. aintain a imum 4 J horizontal Gearance 8 at least 2' vertical clearance from BTU tal clearance horizontal at least 2'tved!c G �' minim minclearence existing f9 ii from other Utilities unless otherwise directed by TXDOT_ 9 3066A959/96.408 '1 4 ^:> " t REFER TO PR FILE B ty'y.- ,• ' ; �/Y_„ f 1 DRAW1N0 SHEET 012 . ty, - ._. j ,c4 FOR READABILITY,._-__ rP�aB:�. avvwr.iair-ov.+fhnva FIXTURES NOT TO SCALE ALL FIXTURE MEASUREMENTS ARE TO GEOMETRIC CENTER SEE SHEET 10 a_n 0 W 1W 1W The top of the fiber optic facility shell be paced a mrhimum of as- — - — . — • — • — Proposed 1.25' HOPE SDR 13.5 Duna via — — — — — — — — Proposed Undorground Fiber Optic Cable with belay the ditch grade of 1W below tM pavement structure of W Horizonte Directional Dnrting Tracer A 1.25' HOPE SDR 13.5 Duets via below the tap of the pavement surface, whichever hs greater. the Harimntal Directional Drilling department may wthor tw a ina turn depth of cover not 1e31 than ■ Proposed lr Square Utility Sox W blew the ditch grade of 6W below the top of the pavement O Proposed 17'4Wxltr d 13•x24'xl5' HH's surface, wdhicMwr is greater. If the utility waives dmnages and fully (with 30'l9eM4' Bore Pal indemnities the daperbnent in a form acceptable to the depeMhent ru N lLi Y N a O 4 o co o� 0 nrx. NOTE: Plans 1.25" HOPE SDR 13.5 conduit via Horizontal Directional Bore at a depth of Min 41r parallel 6 Min 60" crossing. Ground surfaeo will be restored to original, or better condition. Remain I from BTU equipment doors 6 5' from other above ground infrastructure. Maintain a minimum of 5' horizontal clearance & at least 2' vertical clearance from BTU e)dsting underground lines. Maintain 4' minimum clearance from other Utilities unless otherwise directed by TXOOT. _...- SHEET 11 a. 11`, f .r, q ' FOR READABILITY, FIXTURES NOT TO SCALE. ALL FIXTURE MEASUREMENTS ' ARE TO GEOMETRIC CENTER. so 160 t o• zao T4otas6atitrathm LEGIDp sadatr syslew The top of the fiber optic IodYry shm be paced a mirtimum of 48' — • — • — — • — Proposed 125' HOPE SDR 13.5 Ducts via — — — — — — — — Proposed Underground Fiber Optic Cable blow me ditch Waft of 18' Wow this pavemem structure of 60' Hotiiortla OiractioM Onbing Tracer & 1.25 HOPE SDR 13.5 (huts via _- below am top of the pavem" sdhce, whichever is greater, the Hunantal Directional DrWng Q Proposed 12' Square Utility Box dapertmar4 may authorize a minbnum depth of cover not rass than 36' below the ditch grads or 6W Ixdow the top of the Pavement p Proposed 1Tx30'08' 6 17x24•05' Htra surface, wriCaver is grater. It No u" waives damages and hft (with 3('x4M4- Bore Pit) brdenildsa the department in a form acceptable to the department 10 qm���M FOR READABILITY, FIXTURES NOT TO SCALE ALL FIXTURE MEASUREMENTS ARE TO GEOMETRIC CENTER 'fin" A 60 '35 7: NOTE: Place 1.25" HOPE SDR 13.5 conduit via Horizontal Directional are at a depth of Mtn 48" parallel a Min 60" % 4 crossing. GrBound surfacewill be restored to originaL or better OO'Ele . ctricel-',.�" condition. Remain 1Z from BTU equipment doors & 5* from '--l'Easdivient other above ground Infrastructure. Maintain a minimum of 5' r, 7, horizontal clearance & at least Vverfical clearance from BTU existing underground lines. Maintain X minimum clearance -"" N-o 12 R!" from other Utilities unless otherwise directed by TXDOT. Z TMU Exaffaflon MM401 The top of the fiber optic facility shall be placed a minimum of 48' Reposed 1.25' HOPE SDR 13.5 Ducts via — — — — — — — — Proposed Underground Fiber Optic Cable below the CUICh SM116 Of la- below the PXVO=rd alit OLIM Of 60" Hotizarilla Directional Orilling Tracer & 1.29' HOPE SDR 13.5 Ducts via below the top of the pavement wriare, whichaver is greater. the Horizontal Diroctionii! Drilling ■ Proposed 1r Square utility box department may aufttde a minimum depth of cover not less than 30'bduw the ditch graft of W below Me top of the pavement ED Proposed 17'x3D5x16' & 13'x24"xW HH's surface. whic1hevei, Is Worrier. It the utility waives damages and fully (with 30'x48W4- Sam Pa) indemnifies the department in a form acceptable to the department. PROFILE. D .NOTE: Maintain 2' minimum clearance from other Utilities unless otherwise directed by MOT ::1�' All o�erhead:install: and tl :: 0 e be place 1 l �15: ...Sec ion 8 0 t 1 ' ' tAllation ........... 2; €All.o .................. i :=safety to the �pulilic `� : appropriate aocat ion ions. shall. ednform:to'clearance.-standards Ot the.:a exas._1)epartment.'ot. a ranSpOrtatlOn the designated area for power.speclf ed as set forth i the Texas Uttlitk Code, of fo:=ei it`(48 s below d..... ow 1 .:::.::::::::::.:::.:::::::....................................... ..._..__ .................... . - . high pressuregasandpetroleim Vines; s ='d. not be closerthan ten (10) feet from the less: tliaii.60 feet::• .:.:.: ::::..:::::: ............ .. ........................... .... The bris:rii'ay tie:`app ovei -.:':-:::.: "::::: :..::: .:- : y the: County Engineer .... ::::... ...... ..:: .::.:::: a::::: ::::::::::: ice :..eeper ; :€`. " : ie'payement :' €':.. .. ' :' ; .:;• within:the:.4 ai`measured:::.: ' i 2,,`Opera#qn :of coristcui _ :.road :will not be :per t .... of gables n :... all such.eq. ipMoit.sl :`:meetngTMUTCDr� 13' InaHe event saidcori: jgopardze;;anysecto a performanw bond:i aize 'County :Engineer. I 1 �•.ORK .. ' RD ai : ' 1i l 4 nOA oEND ' I enmNwner Seeronote.ii ROADtlORI( A-6 .� • � • 1 «Iw+. 4ee Bore It 8 ( 8 . ezo•2 ' ` b 2t• 'tste . .. 1 tSee nero xli� . =g ROAD } l pore 21e I Yn� ' _L—A _ WORK e■:o•to AHEAD to r to I . • £ '. E• o� � g— bo I � �1 g w I .. H d`£IE IoOs• '' � FeA See no. o..' IS Is A 'L' D • ' � • a0' :P"'"• •. ItOrR VfI17C1eb L yj � lnxr 7 ve. , ' LEGEND azzm Tyoe 3 Dwelcom • a ■ . Cno neown0 OWreeb Elm Meayy e0rk Y911,410 , rrl.all Wutt 41 ltfte■10t it �' rraltler 1/0lrlfta iea9nirq Arrai DpaPa � POrfaD1G CnonOeaafe WlaOpf SiOn'tPW31 Sion rraffisr1c.:- n0..... .. .. ' now kgptnta tb.Ptyr Y7niew ro►teo r o•R•�[a ' t Jaw trr LN9trgrm SDaenMr�p 0/ Ow.rrltlnp SIM. S:r',o 10 11uo-.,,vr 3M■° MY Oer{u■ ODerer Svec■ lo• err.. t+r off"' 'I" ftwr one root, Ono Tonoent 'M OE"on,. . •30 T ISO' Ifi5' 100' 30' 60' 120• 9o' 35 L• Rs 60' 205' 225' 245' 35' 70' i60: In 00 : 265. 295' 320' e0 80• 240•. 15s' 45. e50• t95. 5e0' e5' 1 90• •320•• 195• •50 .: 500' $60, fi0• 50' 100' t00' 2401' 55 'L•YS' 550' i05' 660' S5' I10' S00' 285'• s0 600' 880' T20' i0• +20' 600'" 350, 850' 715' J00' fi5' t10• 65 70 T00' 7T0' Bt0• 70• ie0' 800 aTS• ' •78 750' D 900' iS•• l50' 900'• " 5e0'- ,, aa In. _ '. .ark venloee .• .:. ' .... 'neCebaOrY for 7r1e . tna Nis ^.... ... r':::.:..': .. co off. asffruc:"* ]�t�LenOtn of. Teoer•r0tti�. r•t om at Offvei crls�:S.Pbb•eD Scdeomvml b� ':' I..• p', ete.. llrao7n;n,• �= Chd.lei tijtl0 Mvims ■ •' �.. :■ 'Oreati. seaarafed tram . 1 `gw may 0e'omltied if the I laws D} Irat}IC 0y' � 1 •a`D ■ork orea tb a minion° .. .2 air .. Ton'tytn9 Qe. feel I .tl � T mortN traW\e0 troy. `•i i' GENERAL NOTES 01 t.,frd0s uf'oa ea to lions mere Yrwn• tare REWIIIEO. 9i 2. all traffic control ve.roea P1ewrroeea de DEW1aW, eacm more "oenott0 ■I en tell tricple Drool doY Ot a9irted tlrtf btatW in Im °C1 stall. Or far Millis ■O<'r1t.MYw■ Z rM1,QmvYao by'fro G10tnefr. - 4o i9ee rotes t a 51 I I ^ 9 h i. 3. SID"tied eattrlal antel+a Df oboes a mint^m 0.30 feet tfos i yr• newelfimeme.I ; �,_• I I �;: t. VON. vwclt .fin iW alo nitp Intensity eorD+lror flro rn;ro. • ' ' tSee mrov t b S I atClr Iot:ro er'ltrlp +tplra. A Sr000. vNdelf .Inns r■L ano,pd m 1 n Fo SO be. silo "Piat'9t ten Df DGltlonto 30 To 100 }ter t' odwonot of •. . $ bR I • - the area of_crt. e•DOSVQ ■Irtlovt Dmerwor of set n0. 10a. m fcmoxe:or tfroIII, o rro .ere. [ }ore ro. toper pretenr n.in . ..., rl.nd.a'tar71 ,rea:re Ina fro • .• .. •.. •. I_t.' . .. ... I : •°.�� � ... .. loaf -1 1 of ItJ .. •'f '. .: : - :: '. :'' .. woirirareo � � Yenuie a�nb lYtane .• . .. : ,rogT■ UnICles ■yin TWS reef oe Dostf�-i'nonM! parts ... _ 5: Iwdu , r� .• _ i t . Y In a. •to' Vide, .orn' . :. I • 1 :. ' i SWeff TCPIS*r1'I r'r0 vmtoer .ork an al 7aa h1grooys. t.ae".erl afro• .. q ... r. ' �.•, ° C 1. Into I" .orh "weles Or o+ner eadloemt Vgal4 Of aotfto Mar fro 1 1 $g ! r101irof ■of tam Die rot ool ea m the Doted trnaleer. a b71 •S •S■pLLlHfl.tgle• 9.QIf my m UKo .n Dloce of C■21 •t0 - ROAD ° 'Its' l0.mwx n410' biplt tar lmYloer WK all 0omt/ft[o.01 rams. 1 iW RK END ' - ROAD ^ tl ROAD NONK K p .. AHEAD .I' .C■20.11) :. 0' 12i 2e• 1 ' ' ... 1:•'. i .. ...: 1 e6• x t0' isee ro+e tr♦ , END ROAD 1 .n, 1 Q orlooa• •n, i /� i"e• i��6• ROAD kORK Q WORK ' - nma t V Sae rote n v `ut tieDae• C20.2 1 ANEAD Isa 2e• .. ,Torte, O'Memrreraar TTbmpame0an �g�yr■ e* mte 23A ' rte20iiie- . " limo.• TRAF F'I C . CONTROL - PL'AN AL- DAD CONVENT -ION RO' • .. ... .. .. :':.: :::' ' ... sae nere 11 • • SHOULDER` WORK'.• ' TCP (2-10) TCP (2-1b) TCP C2-1C1 :. - TCP WORK SPACE -NEAR SHOULDER. WORK SPACE ON SHOULDER WORK VEHICLES -ON SHOULDER 'hn .. I. 01rf1ow -- Conventional'..Roods Conventionol.•Roads' Convent.ionol -Roads . ..... .. r•ri 7.1 15" rotes t L " TTPICAL'USACE :. Sltoli Srgaf ILtN IM1CetEDllrt tWc 1Crn ISN11� ' DWttIM Sreil0nl8r TCRY Sl►1f0■lM ' STe[Ia1tgY BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2022-2023 BUDGET YEAR NO.22/23 53.01— 53.05 On this the 24d' day of October 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 2411 day of October 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). I ADOPTED AND APPROVED this the 2411, day of October 2023. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By. Duane Peters, County Judge Original: County Clerk`s Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 53.01 10/24/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Health and Life Insurance Fund Group Insurance - Administration Supplies and Other Charges Expenditure 80,113.00 Health and Life Insurance Fund Retiree Health Insurance Contractual Services Expenditure 80,113.00 Health and Life Insurance Fund Reallocation of funds to the correct accounts to cover September insurance cost for FY 23 Date...a�.3 ~<k:. ,.Y ,10/ISl2023 (;_ `"���CountyJuilgeAeProval `� �����-- ,Date'x�:y Ear OaeleEntr) :OY�,x a Isar. 8"'+Jsn-k § x;, wF•" `S r�N� FUND DIV ACCT Change in Budget ACCOUNT NAME 50000 64005000 61130000 (90,113.00) 50000 64005700 71112007 80,113.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 53.02 10/24/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund BV Human Trafficking Task Force Development Supplies and Other Charges Expenditure 1,430.00 Grant Fund BV Human Trafficking Task Force Development Repair and Maintenance Expenditure 1,430.00 BV Human Trafficking Task Force Development Grant Reallocation of funds to the correct accounts to cover fuel expenditures for the grant period of J uly 2023 - Se tem r 2023. 3 CountyJudge-Approval x Dafe� ti FUND DIV ACCT Change in Budget ACCOUNT NAME 30000 283700 60080000 (1,430.00 30000 283700 65350000 1,430.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 53.03 10/24/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Exposition Center - Administration Repair and Maintenance Expenditure 1,585.00 General Fund Exposition Center - Administration Supplies and Other Charges Expenditure 1,585.00 r Exposition Center Reallocation of funds to the correct accounts to cover the cost of utilities for the remainder of FY 23. :F-��'�; �.� �� Coari�,Ju; dge•>Appr6iral� � „���� �� .�:��D�te �'€��.. ia� +i..."5 ., dr ..b. v `s, ;,S�tS,v.4o.x .+r..`..'�. dnn,?s..«` FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 36000100 65050000 (1,585.00) 01000 36000100 61880000 1,585.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 53.04 10/24/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Sheriff Office - Administration Contractual Services Expenditure 2,600.00 General Fund Sheriff Office - Administration Supplies and Other Charges Expenditure 2,600.00 Sheriff s Office - Administration Reallocation of funds to the correct accounts to cover cell phone expenses for September 2023. x jz�1`OE19/2023 ! K K la1,13 e tbuntyJudge°Approval x^ Fo�OracleEntry°.Op> :," .__ ,.: .:. _ '•�`�r ..�:.,w N ., FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 28000100 71020000 (2,600.00) 01000 28000100 61750000 2,600.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 53.05 10/24/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund District Attorney - Administration Supplies and Other Charges Expenditure 253.00 General Fund District Attorney - Administration Repair and Maintenance Expenditure 253.00 District Attorney - Administration Reallocation of funds to the correct accounts to cover gasoline expenses for September 2023. NNPi Date: ___ ___-_ ._10/19/2023; County Judge Approval _ _ Date' _ For Oracle Entry Only FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 19000100 61110000 (253.00) 01000 19000I00 65350000 253.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2023-2024 BUDGET YEAR NO.23/24 4.01— 4.02 On this the 201 day of October 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 241 day of October 2023 the Court heard and approved a budget amendment(s) for the 2023-2024 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meetunusual and unforeseen conditions which could not be reasonably included in the original budget adopted 19 September 2023, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 24 h day of October 2023. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 23/24 - 4.01 10/24/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE 2026 Certificates of Obligation 2020 Hail Repair Canital Outlay 2020 Certificates of Roof Repair Sheriffs Office I Contractual Services of Reallocation of funds to the correct accounts to cover additional funding for V� tar �SAM due to hail 1.326.00 10 - NA FUND DIV ACCT Change in Budget ACCOUNT NAME 43200 63432400 80101000 (1,326.00) 43200 63432280 71025000 1,326.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 23/24 - 4.02 10/24/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Metropolitan Planning Grant Fund Administration Contractual Services Expenditure 2,500.00 Metropolitan Planning Grant Fund . Administration Professional Services Expenditure 2.500.00 of funds to the correct accounts to cover fees. �'[ }..�/►_f bar U e 2� . 1e =. i' �h' a _ .LA ,FV .p?`::s i t• i.1 i' y �kqq ..u:AS�. Y}.� a i FUND DIV ACCT Change in Budget ACCOUNT NAME 30000 424100 71025000 (2,500.00) 30000 424100 72590000 2,500.00 Personnel Change of Status (Oct 19, 2023 ) Commissioners' Court Date: 10-24-2023 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment 20 °;`RWoaftent Name 77717 7. .. a-. Em-0 Juvenile Services - Detention BonnerTaJuana Juvenile Services - Detention Elliott, Lester Fleet Shop - Light Equipment Garcia, Luis 472nd District Court Lozano, Corina Sheriff Office - Jail Administration Martinez, Ruth Juvenile Services - Detention Massie, Mykelsha Juvenile Services - Detention Owens, Kaylan Juvenile Services - Detention Randle, Derrion County Judge Schultz, Alanna Separations ',?-Dipartment ployee Name.,, Z4 Sheriff Office - Jail Administration Chaput, Michael Juvenile Services - Detention Purvis, Vvycia Road & Bridge - Administration Ramos, Juan Exposition Center - Administration Rutledge, Amanda a Approved in Commissioners' Court: 10-24- 23 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 10-24-2023 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 Judge Brazos Center Lindblade, Allison Birk, Courtney District Clerk Records Management Fund Jacobus, Elliana Ramirez, Alexander Change of Status Change of Status Change of Status Change of Status Exposition Center Jones, Bryan Change of Status Health & Wellness Clinic Contreras, Ana Barron, Sarah Hernandez, Maria Change of Status Change of Status Change of Status Road & Bridge Boriski, Jeffery Change of Status, Sheriffs Office Admin . Lamb, Ryan Change of Status Approved in Commissioners' Court: 10-24-2023: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 1