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2024/01/09 REGULAR SESSION 10:00 AM
2M JAPI - 5 P f : 1 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 JANUARY 9, 2024 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACE BOOK.COM/BRAZOSCOUNTYTX 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 -17 3. Approval of the following reappointment and appointments to the Brazos County Emergency Services District #1. The term of appointment is January 1, 2024 - December 31, 2025. Reappointment: • a. Moreecy Day Appointments: • b. Phil Medlin • c. Jim Jones 4. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Detention Center for the month of November 2023. 5. Request from Human Resources to write off outstanding account receivables in the amount of $1,795.14. This amount is believed to be uncollectible. 6. Request authorization to wire.transfer up to $125,930.47 to HHSC for the Federal Fiscal Year 2024 Advance Graduate Medical Education Program (GME) for the benefit of - participating hospitals using funding from the Brazos County Local Provider Participation Fund. 7. Approval requested from Road and Bridge to refund the Cook Crossing Phase 1. Electric Pole Agreement cash security in the amount $15,000.00. The developer has satisfied the agreement requirements for relocation of utilities (see attachments). 8. Approval of the following: • a. Assignment of Commercial Contract - Unimproved Property • b. Amendment to Commercial Contract 9. Approval to withdraw Jerry Nickerson from the evaluation committee for RFQ #CI P 24- 603. 10. Award of RFP #CI P 24-513 Exterior Access Stairs. Recommended Award: JaCody Construction, LP. 11. Approval of variance request from Ryan Bevans with SRB Outdoors, LLC on behalf of property owner pertaining to building setback requirements, Brazos County Subdivision Regulations, Article 7.13.2. Site is located in Precinct 1. 12. Consider and take action on the Metro'Fibemet, LLC utility permit to install 1,720 feet of conduit and fiber-optic lines within the right of way of Old Reliance Road. Project includes aerial crossing and 2 road bores. Site is located in Precinct 2. 13. Approval of FY 2024 1 st Quarter contributions to the Brazos County Health District in the amount of $119,507.25. 14. Tax Refund Applications for the following: Overpayments • a. A&M Forensics and Engineering, Inc - $349.72 • b. Carl Joseph Krause - $12.97 • c. Anita Murray - $453.76 Payment in Error • d. Jacquelyn & Jason Root - $2,035.00 15. Budget Amendments. • FY 22/23 Budget Amendments 58.01 • FY23/24 Budget Amendments 14.01 -14.08 16. Personnel Change of Status. • a. Personnel Action Forms • b. Employment & Separations 17. Payment of Claims. 18. Acknowledgement of FY 2023-2024 Budget to Actuals by Fund as of January 3, 2024. Acknowledgement of FY 2023-2024 Contingency Budget to Actuals by Fund as of January 3.2024. 19. Acknowledgement of the Budget Planning Calendar for 2024-2025. 20. Juvenile director's report on detention population. 21. Sheriff's report on inmate population. 22. Announcement of interest items and possible future agenda topics. 23. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4, such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the Brazos County Administration Building, 200 S. Texas Avenue, Suite 106, Bryan, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. MINUTES JANUARY 9, 2024 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, January 9, 2024 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance w U.S. and Texas Flag - Commissioner Konderla 2. Call for Citizen input and/or concerns Dr. Walter Daugherity reminded everyone that back in October 2023 there was an election integrity workshop. Dr. Walter Daugherity stated three key points from the workshop were transparency, following the law, and cross-checks. Dr. Daugherity stated elections were held on November 7, 2023 and the official canvas was on November 14, 2023. He stated the state law requires the records of the election are to be released the day after, being November 15, 2023. Dr. Daugherity stated he filed an open records request on November 11, 2023 for three items and said he has received two of the three items requested. He said we are now 55 days after November 15, 2023 and the records should have already been released. He asked the Court to be transparent, follow the law, and release the records.. Dr. Daugherity presented the court with a copy of the email chain regarding the open records request. Judge Peters thanked Dr. Daugherity and reminded him that the Court is unable to respond to citizen's comments. Dr. Daugherity asked the court to consider placing an item on the agenda if they found it appropriate to do so. A copy is attached. Consider and take action on agenda items: 3 -17 3. Approval of the following reappointment and appointments to the Brazos County Emergency Services District #1. The term of appointment is January 1, 2024 - December 31, 2025. Reappointment: • a. Moreecy Day Appointments: • b. Phil Medlin • c. Jim Jones Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. . 4. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Detention Center for the month of November 2023. A copy of the donation forms is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 5. Request from Human Resources to write off outstanding account receivables in the amount of $1,795.14. This amount is believed to be uncollectible. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6 Request authorization to wire transfer up to $125,930.47 to HHSC for the Federal Fiscal Year 2024 Advance Graduate Medical Education Program (GME) for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 7. Approval requested from Road and Bridge to refund the Cook Crossing Phase 1 Electric Pole Agreement cash security in the amount $15,000.00. The developer has satisfied the agreement requirements for relocation of utilities (see attachments). Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Bent', Konderla, Peters, Watson. 8. Approval of the following: • a. Assignment of Commercial Contract - Unimproved Property • b. Amendment to Commercial Contract A copy of the contract and amended contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 9. Approval to withdraw Jerry Nickerson from the evaluation committee for RFQ #CI P 24- 603. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 10. Award of RFP #CI P 24-513 Exterior Access Stairs. Recommended Award: JaCody Construction, LP. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #CIP 24-513 Exterior Access Stairs to JaCody Construction, LP. A copy of the contract and bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of variance request from Ryan Bevans with SRB Outdoors, LLC on behalf of property owner pertaining to building setback requirements, Brazos County Subdivision Regulations, Article 7.B.2. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 12. Consider and take action on the Metro Fibemet, L L C utility permit to install 1,720 feet of conduit and fiber-optic lines within the right of way of Old Reliance Road. Project includes aerial crossing and 2 road bores: 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. 13. Approval of FY2024 1st Quarter contributions to the Brazos County Health District in the amount of $119,507.25. A copy is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 14. Tax Refund Applications for the following: Overpayments • a. A&M Forensics and Engineering, I nc - $349.72 • b. Carl Joseph Krause - $12.97 • c. Anita Murray - $453.76 Payment in Error • d. Jacquelyn & Jason Root - $2,035.00 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 15. Budget Amendments. • FY 22/23 Budget Amendments 58.01 • FY23/24 Budget Amendments 14.01 -14.08 Brazos County Auditor Katie Conner stated she would like to address Budget Amendment 14.01. Ms. Conner said she has had several questions as to why they are moving $305,902.00 and explained that at the beginning of the budget process she must guess how much money there will be at the end of the year. Ms. Conner said she over estimated and if it is spent there will be a short fall, so the budget amendment is to fix the fund balance available on the debt. 58.01 Reallocate funds for General Permanent Improvement Fund. 14.01 Reallocate funds for 2020 Certificates of Obligation. 14.02 Transfer Contingency funds to the 472nd District Court. 14.03 Reallocate funds for General Permanent Improvement Fund. 14.04 To recognize a monetary donation to Juvenile Services - Detention. 14.05 Reallocate funds for Juvenile Services - Detention. 14.06 Reallocate funds for Juvenile Services - Detention. 14.07 Reallocate funds for General Permanent Improvement Fund. 14.08 Reallocate funds for 2020 Certificates of Obligation. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters,, Watson. 16. Personnel Change of Status. • a. Personnel Action Forms • b. Employment & Separations 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. 17. Payment of Claims. Claims 8200140 — 8200255 9200050 — 9200100 Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 18. Acknowledgement of FY 2023-2024 Budget to Actuals by Fund as of January 3, 2024. Acknowledgement of FY 2023-2024 Contingency Budget to Actuals by Fund as of January 3.2024. The Court acknowledged receipt of the of FY 2023-2024 Budget to Actuals by Fund as of January 3, 2024 and of the FY 2023-2024 Contingency Budget to Actuals by Fund as of January 3.2024. 19. Acknowledgement of the Budget Planning Calendar for 2024-2025. The Court acknowledged receipt of the Budget Planning Calendar for 2024-2025. 20. Juvenile director's report on detention population. Judge Peters spoke on behalf of Juvenile Director Linda Ricketson reported there are 30 juveniles in the detention center, 24 are male and 6 are female, and 29 have electronic monitors. 21.. Sheriff's report on inmate population. Sheriff Dicky announced that today is Law Enforcement Appreciation Day and wanted to take the opportunity to thank all Law Enforcement officers for keeping us safe. Sheriff Dicky reported there were 710'inmates in jail, 596 inmates are male, 114 are female and 32 have electronic monitors. 22. Announcement of interest items and possible future agenda topics. Judge Peters announced that Brazos County Elections Administration will hold a public meeting on Tuesday, January 23, 2024 at 5:30PM located at the Brazos County Elections Administrator's Office to share facts. General Council Bruce Erratt said that we do not normally respond to comments made by citizens but they are allowed to respond to factually inaccurate statements. Mr. Erratt stated that the Elections Administrator is attending a conference but asked him to read the following: "We have provided the records that were filed with the Secretary of State's office and have confirmed the records have been properly filed. The problem seems to be that Dr. Daugherity is requesting documents in a format that is not supported by the Hart system." Mr. Erratt said they have reached out to Hart I nterCivic and received the following from Peter Lichtenheld, CERA, Senior Vice President of Customer Success, "The CVRs are what they are. We welcome you to export and share them with requestors, but the format and configuration is not something that is configurable. You should share the exports from count that are the CVR exports. That's what the system generates and those are the official records." Mr. Erratt said that those are the records that were shared with Dr. Daugherity and everyone who has requested them. Mr. Erratt added that we are not out of compliance with the Secretary of State. Commissioner Chuck Konderla asked everyone to be aware of the freezing weather conditions forecast for next week. He urged everyone to be prepared and to check on their neighbors especially those who are elderly. 23. Adjourn. The foregoing minutes of the Commissioners Court Meeting held January 9, 2024, have been examined and are approved in open Court this 6th day of February 2024, in Bryan, Brazos County, Texas. Duane Peters County Judge amuck Konderla Commissioner, Precinct 2 Wanda J. 4 Attest: Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 10 k . MO.. - I , Commissioner, Precinct 3 Pg of BRAZOS COUNTY COMMISSIONER'S COURT q DAY OF ,� 0� p`,� , 20 Z 10:0 0 mg Q,001 &V f�ku-�ill -MOT Name (PLEASE PRINT) V1 oos G max�G1k- -A sov, Organization (PLEASE PRINT) nn .Coup 6—mon. go C o, a-- e, i: k-s 0 4 - I 3i01D34._6,- Pg'-of3 BRAZOS COUNTY COMMIS DAY O: V y Name (PLEASE PRINT) Avla T—) f PJA VVV �w I VUA �-119 'D,4UG W C-R i TY _A ,. A_. �� nn 1� � �rc�-P.✓ S I ONER' S COURT Organization (PLEASE PRINT) Wo apc- uVi S s J� eff , . S6 c- p GD' . JUD(,E co lyw, Pg 3 of '3 BRA C OMMI lk DAY O: 10-.00 A Name (PLEASE PRINT) nn Lv� mw I I prfevZ,- AJqp, �4C.JO I LZ O S COUNTY S I ONER' S COURT F avi u, 20 Qy- L/PM, Organization (PLEASE PRINT) V3T-"O 3UG0 �LA i.VLV �c5U 9/24, 1:11 PM Gmail - Re: Nov. 11, 2023 Public Information Request MGmail Walter Daugherity <wdaugherlWgiriaii.corr> Re: Nov 11, 2023 Public Information Request 10 messages WalletiDaughtirity cwdaughedty@gmaiLoom> Mon, Nov 27, 2023 at 8:29 PM To: Public Info <Publidrdo®brazoscountybLgov> It he now been 10 business days since I submitted the attached Public Information Request dated Nov. 11, 2023. Coulld you please give me an update on when I will receive the requested public records? ThI k you. Sincg rely, Naltetr C. Daugherity Senior Lecturer Emeritus 11/128 Lifellkober, Chickasaw i Cherokee Dept. of Computer Science 6 Eng. American KENSA Testis A 6 M University ACM Jammer since 1963 College Station, Tit 77843-3112 Facu�ty Senate Parliamentarian Emeritus E� l: daughor@ca.tamu.edu heplA ca.tamu.edurdmugher blot an official document of Texas AW— President Trump: "Our Founders boldly declared that we are all endowed with the same divine rights — given [to] us by our Creator in Heaven. And that which God has given us, we will allow no one, ever, to take aw i —ever." (July 4, 2020) �ubInfoRect-2023-11-11.pdr 439K Public Info <Publidnfo®brazoscountybLgov> Tue. Nov 28. 2023 at 2:18 PM To: W Iter Daugherity <wdaugherity@gmail.com> Dr. Daugherity, I am (so sorry; this is the first I am seeing of this request We will be going live with our open records portal on the Brazos County website next Monday and that should completely resolve any technical Issues we nay be having. Your Ttta request is now rece wed and being processed. I will make sure to provide you with requested records by the end of this week Again, I apologize for the Inconvenience, s, AubI y Leggett Spell Projects Administrator Brajos County Commissioners Court 200IS. Texas Ave., Ste. 310 Bryan, TX 77803 Ph. 979-361-4109 Fax 979-361-4503 AT4NTION ALL PUBLIC OFFICIALS (elected and/or volunteers): A "Reply to All" of this e-mail could lead to violations of the Texas Open Meetings Act. If Replying, please reply only to the sender. Frort): Walter Daugherity <wdaugherity@gmail.com> SeM Monday, November 27, 2023 8:30 PM To: dublic Info <Pubftdnfo@brazoscountytxgov> SubJeet: Re: Nov 11, 2023 Public Information Request s County Disclaimer l ••• This is an email from an EXTERNAL source DO NOT click link or open atuchments unims )'ou recugnvc the sender and have venfied that the content is wfe Never suer USERNAME, P\SSWORD nr sensitive hfo ation on pages linked from this email.••••• {Quote; tort) O.) . ! _ _ .... _ _. . . _ nti.,, sh.... on „ w nc osm ruuuc mnty �ruuuumuluytaacwwunryu.yev� To: Walter Daugherity <wdaugherityQgmail.com> Dr. Daugherity, You should be receiving a fink to the requested reports. I will send you the ballots once they are uploaded onto our secureshare portal early next week. https://mail.google.comlmaiYuIO/?ik=1107efc8c2&view=pt&search=all &permthid=threada:r-897842052833052937&simpl=msg-a:r-704501430581664036&simpl=... 1/4 1/9/24, 1 1:11 PM Leggett Gmail - Re: Nov. 11, 2023 Public Information Request Froth: Walter Daugherity <wdaughadty@gmad.com> Sertt:`Monday, November 27, 2023 8:30 PM To: Public info <Publicnfo@brezoscountybLgov> Subject Re: Nov 11, 2023 Public Information Request rs County Disclaimer This is un email from an IXTERNALsoune DO NOT click (mks or open attachments unless nu recognize die .ender and have venticd that the content is safe. Nei cr enter USM- NAME PASSWORD or seasuivc ation on pages linked from this email.0-a It has now been 10 business days since I submitted the attached Public Information Request dated Nov. 11, 2023. (Qu I teat niddenl Waltor Daugherity <wdaugherity@gma)l.com> Mon, Dec 11. 2023 at 10:30 AM To: Pudic Info <Publldnfo@brazoscounWgov> Cc: Duane Peters <dpeters@brazoscountybegov> Aub II y, it has now been 20 business days singe I submitted the attached Public Information Request dated Nov. 11, 2023. listing 3 items. I he% a only received a part of item (2) but not all. I ha I still not received the following requested public records: All records for the November 7, 2023. General Election, including both Election Day voting and also Early Voting (absentee/mail, early in -person, and UOCAVA) beginning October 23, 2023, including (1)All Cast Vote Records in .csv formal. The Cast Vote Records should include Record ID, Batch ID, Batch Iimestamp, and all races and contests for every ballot. 2) The standard reports built into Hart Verity Central, in a searchable digital formal. Per the vendor's user manual, the reports available arc e Scanned Batch Report 3) Original raw (native) optical scanner images of all sides of all ballots, in TIFF or PNG format, identified with the Batch ID and Batch Tmcstamp, and the corresponding SHA authentication tiles for each image. Thank you for your prompt attention to this matter. Daugherity Public Info <Pubticnfo@brazoscountybtgov> To: Walter Daugherity, <wdaugherity@gmail.com> Dr. Mon, Dec 11. 2023 at 4:27 PM I apologize I thought all responsive reports were sent, attached are the Scanned Batch Report records. According to our Elections Administrator, we do not have the electronic CVR's since we are no longer on an elecronic system. The Scanned ballot Images had to be reviewed for personally identifying information, as required by statute. I am working to upload the ballots into our new open records software that will allow the public to view them directly from the County website. Again, I apologize, the review and upload process is taking longer than expected. I will send you the link to view them as soon as possible but no later than Wednesday of this week. (Quatald tea Ndden) 12 attachments Scanned Batch Repoli-1241-2023 0149.20 PM.pdf BOK I Scanned Batch Report-12-11-2023 01-20-16 PM pdf 68K Scanned Batch Report-12-11-2023 01-2148 PM.pdt IBBK Scanned Batch Report-12-11-2023 01-21-46 PM.pdf 78K Scanned Batch Report-12-11-2023 01.22.04 PM-pdf 83K I Scanned Batch Report4241-2023 01.23-21 PM.pdf B8K (Sunned Batch Report-12-11-2023 01-26-35 PM.pdf r0K Scanned Batch Report-1241-2023 01-2654 PM.pdf 78K Scanned Batch Report-12-11-2023 01-27-28 PM.pdf 77K Scanned Batch Report-12-11-2023 01.17-07 PM.pdf 88K Scanned Batch Report-1241-2023 01-17-58 PM.pdf 79K aa Scanned Batch Report-1241-2023 014" PM.pdf 80K https://mail.google.com/mail/u/0/?ik= 1107efc8c2&view=pt&search=all&permthid=thread-a:r-897842052833052937&simpl=msg-a:r-7O450143O581664036&simpl=... 2/4 1/9/24,11:11 PM Gmail - Re: Nov. 11, 2023 Public Information Request Walter�Daughaft <wdaugherity@gma!l.eom> To: Duane Peters <dpeters@brazoscountybt gov> Dear Judge Peters, I am extremely shocked that Brazos County does not have the Cast Vote Records. They are required by state law, e.g., Election Code 1.012(f)(2). Can you please remedy this situation immediately? Daughedty Walterl0augherity <wdaughedty@gmail.com> To: Duane Peters <dpeters@brazosccuntybk.gov> As we discussed, here is the section of the Hart manual that explains how to export the Cast Vote Record Report in CSV format (attached). Thanks for following up! „ FYDmT0Req-zoz3-77-71.uocx I141K Hart Verity_Central_TaehNeal_Refereneo Manual 6600-003 A04 - pages 143.146.pdf Public lido <PubGcnfo@hrazoswuntytx gov> To: ater Daugherity <wdaughertty@gmail.com> G morning. Attaled are the requested reports. Than a' Aubrey Leggett Fronp Walter Daugherity <wdaugherity@gmail.com> SetR. Monday, December 11. 202310:30 AM To: Wubllc Irdo.<Pubfrctrda@brazoscountytxgov> Cc: Duane Peters <DPeters@brazoscountytx gov> �u i can maaenr 6 atlaehments I t cannodBaUotinformat(on42-13-202310-52-33 AM.CSV I SeannedBaflotInformation-12-13-2023105156 AM.CSV I3K ° Swnned8allotlnformation-12.13-2023105136 AM.CSV 19K ISeannedBaHotlnformation42-13.2023105144 AM.CSV I6K � SeannedBa0oUntomration42-13-202310-6034AM.CSV Mon, Dec 11, 2023 at 7:47 PM Tue. Dec 12. 2023 at 2:24 PM Thu, Dec 14, 2023 at 9:51 AM Walter Daugherity <wdaughedty@gmail.com> Wed, Dec 20, 2023 at 4:21 PM To: Public Info <Pubticrdo@brazoswuntybk.gov> Cc: Du lane Peters <dpeters@brazoscountybcgov> This is some of the information, but the columns for how each ballot voted are missing. Please add those columns for each race and contest louu i t-t Ndd-I Watterpaughe►ity <wdaugherity@gmail.com> Thu, Jan 4, 2024 at 11:39 AM To: Public Info <PubUclnfo@brezoscountybt:gov> Ca Duane Peters <dpeters@brazoscountybcgov> Dearl!Judge Peters, 1 hav8 ab7l not received Rem 1 In my November11, 2023, Public Records Request namely, All Cast Vote Records in csv format The Cast Vote Records should include Record ID, Batch ID, Batch Timestamp, and all races and contests for every ballot. This is required by law to be released "on the first day after the date the final canvass of an election is completed," which was November 14, 2023 (see Official Canvass Results Report at https:/M ww.bmzosvotos.orgfsites/dofaulMlosAnline-files/Canvass%20Results-11-14-2023°h200436-33%20PM.pdf). Since it has now been 50 days since November 15, 2023 (which Is "the first day after the date the final canvass"), that means Brazos County has been violating the law for 50 days by not releasing these public records. When will I receive "All Cast Vote Records in .csv format. The Cast Vote Records should include Record ID. Batch ID, Batch Ttmestamp, and all races and contests for every ballot" as requested? Thanks, https://mail.google.com/mail/u/O/?ik=l 107efe8c2&view=pt&seareh=all&permthid=thread-a:r-897942052833052937&simpl=msg-a:r-704501430581664036&simpl=... 3/4 1A 11, 2023 Public Information Request https://mail.google.com/maiUu/O/?ik=l 107efc&2&view=pt&search=all&permthid=thread-a:r-897842052833052937&simpl=msg-a:r-704501430581664036&simpl=... 4/4 BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Moreecy Day to the Brazos County Emergency Services District #1 The term of this appointment is January 1, 2024 — December 31, 2025. Duane Peters Date County Judge BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Phil Medlin to the Brazos County Emergency Services District #1 The term of this appointment is January 1, 2024 - December 31, 2025. I ct (a Duane Peters Date County Judge BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Jim Jones to the Brazos County Emergency Services District #1 The term of this appointment is January 1, 2024 - December 31, 2025. , � �' 'Q-� `fgIa-Lt Duane Peters Date County Judge . .. ....... . .. ........ ... ...." . . . .:;. :.: . ... ........ .. .. . .. . ... .. ... ... ......... ... . . ....... : ..... ..... . oft "IiiqUiuk . .. ............ WO �ito, the .... ... . . be- P.P9 monde Please ... ... ifif6i Ati6ii: i .......... I he proper . ..... . w r 40604-ibO accepted ot-iomi&d.:.'--Fi'i bg contain ... .. .. ... . ...... .. . ...- ... I ...... . ........... . ... . . ...... ......... .... -:.::: ..... ....... . 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Texas Avenue, Suite 206 Bryan, Texas 77803 Phone 979-361-4181 — Fax 979-823-6993 MEMORANDUM Date: January 4, 2024 To: Honorable Edgar Duane Peters, County Judge Honorable Steve Aldridge, Commissioner Precinct 1 Honorable Charles Konderla, Commissioner Precinct 2 Honorable Nancy Berry, Commissioner Precinct 3 Honorable Wanda Watson, Commissioner Precinct 4 FROM: Paula Doucet, Human Resources Coordinator F___ RE: Request To Write Off Outstanding Account Receivable Please review the below listed accounts for the former employees who have past due repayments. There have been several attempts to contact the former employees regarding their outstanding account balances, which are listed below: • Ernest Gibbs - $124 Outstanding He was sent a Late Notice on December 21, 2021(via Certificate of Mailing). He was sent a second Late Notice on January 28, 2022 (via Certificate of Mailing). A third Late Notice was - sent on March 4, 2022 (via Certificate of Mailing). • Arthur Middleton - $396.19 Outstanding He was sent a Memo on January 12, 2023 (via Certificate of Mailing). He was sent a second Memo on April 13, 2023 (via Certificate of Mailing). A third memo was sent on July 13,2023 (via Certificate of Mailing). Since these mailings, we have learned that Mr. Middleton is deceased. • Amanda Overton - $75.61 Outstanding She was sent a Memo on November 9, 2022. She was sent a second Memo on March 6, 2023 (via Certificate of Mailing). A third memo was :sent on September 7, 2023 (via Certificate of Mailing). • John Tomalenas $1153.54 Outstanding He was sent a Late Notice on September 26, 2021. He was sent a second Late Notice on October 31, 2022 (via Certificate of Mailing). A third Late Notice was sent on March 21, 2023 (via Certificate of Mailing). A fourth and Final Notice was sent on July 18, 2023 (via Certificate of Mailing). • 'Abel Valadez Dimas - $45.80 Outstanding He was sent a Memo on September 15, 2022 (via Certificate of Mailing). He was sent a second Memo on November 3, 2022 (via Certificate of Mailing). A third memo was sent on February 2, 2023 (via Certificate of Mailing). We feel that the collectability of the amounts from the former employees are highly doubtful. We have spoken with General Counsel, and they have directed us to submit the write-offs to the Commissioner's Court for write-off approval. We therefore respectfully request that Commissioner's Court consider writing off these account receivables. If you have any questions, please contact me at extension 4113. Thank you. APPROVED Duane Peters Date County Judge BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 1/9/2024 ITEM: Request authorization to wire transfer up to $125,930.47 to HHSC for the Federal Fiscal Year 2024 Advance Graduate Medical Education Program (GME) for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. TO: Commissioners Court FROM: Nina Payne DATE: 01/03/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Brazos County LPPF (Fund 16000) REQUIREMENTS: HHSC requires this IGT to be entered into TexNet no later than close of business Thursday, January 11, 2024 with a settlement date of Friday, January 12, 2024. Texas Medicaid provides supplemental payments to support teaching hospitals which operate approved medical residency training programs. Medicaid Graduate Medical education (GME) payments recognize the higher cost incurred by teaching hospitals. NOTES/EXCEPTIONS: Compared to non -teaching hospitals, teaching hospitals treat patients with more complex conditions and provide patient care that is more intensive and technologically sophisticated. Reimbursement rules applicable to Graduate Medical Education (GME) are located at Title 1 of the Texas Administrative Code, Part 15, Chapter 355, SubChapter J, Division 4, Rule 8058. ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name Description Tvoe FY_24 Advance_GME Anocation_Requestpdf IGT- Graduate Medical Education (GME) Notification Cover Memo FY24 Adv_GME Aliocation_Summary_ IGT- Graduate Medical Education (GME) Allocation Backup Material _Brazos LPPR. d-f . Duane Peters Date County Judge a na Kelly O'Brien <kelly@ahcv.com> Wednesday, January 3, 2024 9:17 AM Edward C. Bull; Nina Payne; Jamie L. Cartwright; Cristian T. Villarreal; Katie D. Conner Justin Flores; Colt Sullivan Graduate Medical Education Program IGT Notification — Brazos County LPPF FY24 Adv GME Allocation Summary - Brazos LPPF.xlsx `County.Disclaimer us is an. email from an -EXTERNAL source. DO NOT click links or'open attachments unless you recognize the, and have verified:'that the content: is safe. Never enter USERNAME, PASSWORD or sensitive information on .nked from this•email.*** *_ ! morning, Brazos County Team. you know, the upcoming FFY24 Advance GME ,IGT is taking place on Thursday, January 111h. Accordingly, hospitals participating within the Brazos County LPPF would like to request the following IGT amounts Led below. (Please review the accompanying allocation.) FY24 G M E Advance — Requested IGT Amount $125,930.47 C requires these amounts to be entered into TexNet no later than the close of business 1/11/2024 with a ement date of 1/12/2024. These funds will need to be placed in the "GME" Bucket. Upon successful pletion of the IGT, please submit the PDF of the TexNet Trace_Sheets and allocation forms to also kindly requests to be copied on the TexNet submission to HHSC on or before the deadline noted do not hesitate to contact us with any questions. nk you, O'Brien b Health Care Ventures L.L.C. W. 15th Street, Suite 8401 Austin, TX 78701 i Office: (512) 322-9413 ct: (802) 825-2466 im: Texas Health and Human Services Commission<txhhsCcDPublic.sovdeliverv.com> it: Thursday, December 21, 2023 4:34 PM Corbin Pefanis <corbin@ahcv.com> bject: Graduate Medical Education Program IGT Notification 2024 Non -State Public & Private Payment F to 1 Graduate Medical Educa i n .Pro ram IGT t o g I Notification - 2024 Non -State Public & ..j Private Payment j HHSC is providing notification of the Intergovernmental Transfers (IGT) call for the Graduate Medical Education (GME) Non -State 2024 First = Payment. _ Both the Public and Private calculation files are updated as of December j l 21, 2023, and can be found on the Provider Finance website. - l 1 -; Public Hospitals ! ! The FFY 2024 Non -State Public GME Payment file is located under the . "Non -State Public Hospitals" heading of the webpage. Payment amounts for the first payment can be found in column N and the amount of IGT j y that each entity should submit is in column P on the "Public GME" tab. ! Private Hospitals I The FFY 2024 Private GME Payment file is located under the "Non -State Private Hospitals" heading of the webpage. Payment amounts for the f first payment can be found in column S and the amount of IGT that. should be transferred by sponsoring governmental entities is in column j '1 V. on the "Private GME FFY 2024" tab. I To ensure that all government entities receive this notification, HHSC ► i f' strongly encourages providers to send this information to any government entity that is completing an IGT on their behalf. � •. _ Below are the pertinent dates associated with the 2024 GME Non -State payment applicable to both Public and Private hospitals: `< j • January 11, 2024: Last date to schedule transfer in TexNet • January 12, 2024: IGT settlement date �. 4 2 j January 31, 2024: Latest possible payment date . Please be sure to select the GME bucket in TexNet when you enter your ` IGT. It is imperative that you send a screen shot/PDF copy of the i !V confirmation/trace sheet from TexNet to the Payments Team. TexNet I : instructions are available on the Texas Comptroller's website. c I , have subscribed to get updates about Texas Health and Human Services (HHS). For more information about HHS, please visit our (en espanol) Services Bferences I Unsubscribe I Help This email was sent to coibin(a)ahcv.com using govDelivery Communications Cloud on behalf of.ITexas Health https;//Inks.gd/I/eyJhbGciOIJIUzi1NiJ9.eyJidWxsZXRpbl9saW5rX21kljoxMTlsInVya5161mJwMjpjbGIjayislnVybCl61m Servicesan I" target=" —blank"" style='position:absolute;left:0;text-align:left;mar,gin-left:20.05pt;margin-top:0;width:71.251 commission wrap-distance-bottom:0;mso-position-horizontal:right;mso-position-horizontal-rel 707 17th St, Suite 40b0 • Denver, c6 80202 3 Brazos County LPPF GME Advance FY24 Facility Allocation Date: January 9, 2024 Thursday, January 11, 2024 :nt Date: Friday, January 12, 2024 GME Bucket !; % of TPI Hospital Funding Entity IGT Total Funding IGT from GE l , . 1127267603 ST. JOSEPH REGIONAL HEALTH from GE CENTER Brazos Coun LPPF $ 125,930.47 100% $ 125.930.47 I Brazos County LPPF $ 125,930.47 $ 125,930.47 Total $ 126,930.47 $ 125,930.47. BRAZOS COUNTY B RYAN, TEXAS IPC Road and Bridge NUMBER: OF COURT MEET] NG: 1/9/2024 ITEM: M: FISCAL IMPACT: BUDGETED: DOLLARAMOUNT. CC2024 Cook Crossing Ph 1 Refund cash $15,000 security -pole relocation agreement Approval requested from Road and Bridge to refund the Cook Crossing Phase 1 Electric Pole Agreement cash security in the amount $15,000.00. The developer has satisfied the agreement requirements for relocation of utilities (see attachments). Commissioners Court Karen Tyler 01 /04/2024 False False $0.00 Description TEM 1—Electric Pole_Agreementpdf Cook Crossing Phase 1 Electric Pole Agreement Backup Material 1 Constr- Construction Approval Letter Backup Material ter.pdf APPROVEn Duane ]Peters Date County Judge 0 BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT Prarthana P. Banerji, P.E., C.F.M., County Engineer Duane Peters, Brazos County Judge Aldrich, County Commissioner Pet. 1 Nancy Berry, County Commissioner Pct. 3 Ford, County Commissioner Pct. 2 Irma Cauley, County Commissioner Pct. 4 February 8, 2022 Schultz Engineering, LLC 911 Southwest Parkway E College Station, Texas 77840 ect: Cook Crossing Phase 1 Construction Approval Sir: )s County conducted an on -site inspection of the road (Harvey Ranch Road) and roadway drainage ures of Cook Crossing Phase 1 and determined that construction is now in compliance the Brazos ty Subdivision Regulations with exception to the removal/relocation of existing utilities (electrical ) which will be completed within an agreed amount of time. ice construction has been approved, please be advised that the Developer now enters the two (2) year tintenance agreement period and is responsible for all repairs and up -keep of all roads, roadway drainage uctures and signage associated with said subdivision. As specified in the County's subdivision ,ulations, we are in receipt of Maintenance Bond No. 4405637 (FCCI Insurance Co.) in the amount of 7,000.00 dated February 8, 2022 currently filed in departmental records, which serves as maintenance -unity for the two (2) year period. lditionally, the County is in receipt of a cash security in the amount of $15,000.00, as specified in the .veloper's agreement dated February 3, 2022, to relocate previously existing utilities (2 electrical poles) the newly established subdivision Public Utility Easement (Brazos County Subdivision Regulations, ticle 6.B.a and Article 7.B.3.e) within 1 year of this date. Also, per said agreement, should the ,veloper fail to perform this task, the County will schedule removal/relocation of electrical poles lizing the ($15,000.00) cash security provided. Brazos County will not assume any maintenance responsibility of concrete placement (i.e., driveways, mailbox pads, etc.), sidewalks or permanent mail receptacle structures in the roadway right(s) of way. These items require a permit which may be obtained through the Road and Bridge Department. Also required from this office is the Floodplain Permit prior to construction or placement of a structure on any properties in rural Brazos County. It is important that this information be passed along to buyers and contractors. We appreciate the developer's assistance in helping us to accomplish compliance regarding these regulations. 2617 Highway 21 West Bryan, Texas 77803 Office (979)822-2127 / Fax (979)775-0453 Crossing Phase 1-Construction Approval 2 County will not assume any maintenance responsibility behind the curb; or for streetlights, ies, median strips, etc.; or for drainage ways or easements other than those that directly drain the ;�. Private drainage. ways and easements will be maintained by the developer, individual property or Home Owners Association (HOA). Developer, individual property owners or HOA will be ible for mowing and landscape maintenance•of all right(s) of way and easements. �en the maintenance agreement period has expired, Developer will submit a written request for dway and drainage inspection to determine acceptance for county maintenance. Brazos County consider acceptance of maintenance of the roadway(s) in Cook Crossing Phase 1 provided all struction, at that time, complies with county specifications and is in good repair. there are further questions please contact our office at (979)822-2127. regards, na Baner i, PE, CFM Engineer County, Texas )ok Crossing Ph 1-Construction Approval Office file i ASSIGNMENT OF COMMERCIAL CONTRACT— UNIMPROVED PROPERTY j .I I• FOR VALUE RECEIVED, Mike Gentry ("Assi nor'), does hereby sell, assign, and transfer; to Brazos County ("Assignee'), all right, title, and interest in and to that certain, Commercial Contract — Unimproved Property dated effective October 30, 2023 (the "Contract"), executed by Garrett Family Investments, LLC, as the Seller, and Assignor as the Buyer, for the sale and purchase of that certain tract or parcel of land located at 718 Ashford Hills Drive, Bryan', Brazos. County, Texas, as more particularly described in the Contract. EXECUTED -on the --day of December 2023. i' ASSIGNOR: c Alike Gentry 1. 40594: Assignment of Contract - 718 Ashford Hills Page 1 ACCEPTANCE OF ASSIGNMENT Assignee hereby accepts the foregoing assignment of the.Contract and -agrees to assume and perform all the duties and obligations to be performed by the Buyer under the Contract to the same extent as if Assignee had originally been named as the Buyer in the Contract. EXECUTED on the 'day of 2024. ASSIGNEE: BRAZOS COUNTY Y.- Name: ID. LL A l'i e PE-1 Title: CDu t _ l 40594: Assignment of Contract - 718 Ashford Hills Page 2 V TEXAS REALTORS' ❑ A. ❑ B. ❑ C. X D. COMMERCIAL CONTRACT AMENDMENT USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®,'INC. IS NOT -AUTHORIZED. 1 ,� ©Texas Assoclaflon of REALTORS®. Inc., 2022 1 :NDMENT TO COMMERCIAL CONTRACT BETWEEN THE UNDERSIGNED BUYER AND S CONCERNING THE PROPERTY AT 718 ASHFORD HILLS DRIVE, BRYAN, TX 77801 ii re , Seller and Buyer amend the contract as follows: (Check all applicable boxes.) Sales Price: The sales price in Paragraph 3 of the contract is changed to: ; Cash portion payable by Buyer at closing ........................... $ Sum of all financing described in the contract......... .............. $ Sales price (sum of cash portion and sum of all financing) ............ $ Property Description: The Property's legal description in Paragraph the legal description described on the attached Exhibit i'I 2A of the contract is! changed to or as follows: Repairs: Buyer accepts the Property in its present condition except. that Seller, at Seller's expense, will complete the following before closing: i; Extension of Feasibility Perlod: Prior to the expiration of the feasibility period, Buyer may, extend the feasibility period until 11:59 p.m. on April 26, 2024 (date) by delivering $15,00000 to the title company as additional earnest money.. (1) $15,000.00 of the additional earnest money will be retained by Seller as additional independent consideration for Buyer's unrestricted right to terminate, but will be creditedito the sales price only upon closing of the sale. If Buyer terminates under this Paragraph D, the additional earnest money will be refunded to Buyer and Seller will retain the additional independent consideration. (2) Buyer -authorizes escrow agent to release and deliver to Seller the following at any time upon Seller's request without further notice to or consent from Buyer: (a) The additional independent consideration. (b) Lheck no boxes or only one box.) consideration or if Buyer fails to timely deliver the additional earnest money, the extension ofithe feasibility period will not be effective. (rXR-1932) 07-08-22 Initialed for Identification by Seller v4 , and Buyer Page 1 of 2 ]: PM Easterly Properties. 2110Quail Hollow Bryan T1C77802 ddtloopveilFled Phone:979.218.677S Fax:979.776.4747 718ASHFORD. Jimmy Easterly Produced with Lone Wolf Ttansatitlons (ztpFortn EdlBon) 717 N Harwood St, Sults 2200, Dallas, TX 75201 mymtwalf corn I • Amendment to Commercial Contract concerning 718 ASHFORD HILLS DRIVE BRYAN TX 77801 ❑ E. Extension of Financing Deadline: The deadline for Buyer to give notice of inability to obtain the: ❑ (1) Third party loan(s) described in Subparagraph A(2) of the Commercial Contract Financing Addendum is extended until (date). ❑ (2) Assumption approval described in Subparagraph B(6) of the Commercial Contract Financing Addendum is extended until (date). ❑ (3) Buyer has paid Seller additional consideration of $ for the extension financing deadline. This additional consideration ❑ will ❑ will not be credited to the sales price upon the closing of the sale. ❑ F. CIS: The closing date in Paragraph 10A of the contract is changed to ❑ G. Expenses: At closing Seller will pay the first $ of Buyer's expenses under Paragraph 13 of the contract. ❑ H. Waiver of Right to Terminate: Upon final acceptance of this Amendment, Buyer waives the right to terminate under Paragraph 713 of the contract. 1 ❑ I. Counterparts: If this amendment is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. ❑ J. j Other Modifications: GARRETT FAMILY INVESTMENTS LLC Buyer: MIKE GENTRY OR ASSIGNS By: Phillip Garrett dodoop vedfied 12,,91:32 PM CST By (signature): l PHXO-OPHC-MONX-ZMUM Printed Name: Phillip Garrett Title: Managing Partner By: Du�� PCTt By (signature): Printed Name: 11A.AW 0 PETt(z,5,•' Title: Go,u r4" 7Z-ux.0Coe By: I By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TXR-19I32) 07-08-22 Easterly Properdes, 2110 Quail Hallow Bryan TX 77802 Phone: 979.219,6775 Jimmy Easterly Produced with Lane Wolf Transacllons (ApFonn Edition) 717 N Harwood St, Suite 2200. Dallas, TX 75201 I Page 2 of 2 FaX 979.776A747 718 ASHFORD www.twol(.corn AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY EXTERIOR ACCESS STAIRS This Agreement for the construction of the EXTERIOR ACCESS STAIRS, Brazos County, Texas, in the amount of FOUR HUNDRED, FIFTY ONE THOUSAND, SIX HUNDRED, AND EIGHTY DOLLARS ($451,680.00) is entered into this 9 day of January 2024 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and JACODY CONSTRUCTION, LP (hereinafter referred to as "Contractor"). The EXTERIOR ACESS STAIRS is hereinafter referred to as the "Project." The Architect for the Project is the firm of BURDITT CONSULTANTS, LLC and is hereinafter referred to as "Architect." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ("Contract Documents") consist of the Agreement between Owner and Contractor (hereinafter the "Agreement"), Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP # CIP 24-513 and the Drawings, Project Manual, and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change in the Work issued by the Architect. , Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements).' The Contract Documents executed- in accordance with Sub=paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ("Contract"). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Architect or Architect's consultants; (2) between the Owner and a , Subcontractor or Sub —subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK: The term "Work" means the construction and. services required by 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 Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 3 the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is ,the rehabilitation of the EXTERIOR ACESS STAIRS 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 fabrication and installation of self-supporting roof access stairs at three (3) Brazos County Building locations. The buildings are: 1. The Brazos Center, located at 3232 Briarcrest Drive, Bryan, Texas 77802; 2. The Brazos County Health District, located at 201 North Texas Avenue, Bryan Texas 77803; and 3. The Brazos County Juvenile Justice Center, located at 1904 West State Highway 21, Bryan, Texas 77803. Each roof access stair will be shop fabricated and assembled on site. Each stair will have a davit crane for loading and unloading equipment, tools, or vehicles onto the roof from the ground level. Each stair will also have a security gate at the base that will be accessible only to Brazos County staff. 1.1.6 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation, and services referred to and installation of the materials, equipment, and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal', State, and local laws and ordinances as well as requirements of Federal, State, and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use' in a sentence clearly implies a different interpretation. Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 4 .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. .6 Day: A calendar day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Architect approved; acceptable; approved; satisfactory; .required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Architect, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Architect and Owner. .8 Date of Final Completion: The date when Architect and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance - An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not -in -Contract (N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non- recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non- recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. Agreement for Construction — Exterior Access Stairs RPP CIP 24-513 Page 5 .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 Agreement/Contract is the signed agreement between Owner and Contractor for the performance, of the Work. .19 Critical Path: The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because It must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Architect mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during 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 Architect shall mean; Type of evaluation that a reasonably prudent Architect, in the exercise of ordinary care, would make to determine if the Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 6 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 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 orwithin either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Architect. 1.2.6 Current, Editions; When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration of Items: Lists of "work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a. part of the Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 7 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 Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of. the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS,. SPECIFICATIONS, AND OTHER DOCUMENTS: 1.6.1. The Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and/or Architect's consultants are Instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub —subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect or the Architect's consultants shall be deemed the author of them and will retain all common law, statutory, and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Architect Agreement. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub —subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Architect and/or Architect's consultants. The Contractor, Subcontractors, Sub —subcontractors, and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications, and other documents prepared by the Architect and/or Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 8 on the Drawings, Specifications and other documents prepared by the Architect and/or the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Architect may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or ,other versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Architect or Architect's Consultants will furnish electronic data in software format in use by Architect at the time Architect's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance, and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk and. without liability or legal exposure to Architect, Architect's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Architect, Architect's consultants and Owner from and -against all claims, liabilities, losses,, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors, or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Architect or Architect's consultants from the system and format used by the Architect or Architect's consultants to an alternative or upgraded system or format, whether performed by Architect, Architect's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Architect and/or Architect's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Architect, Architect's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages, and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Architect or Architect's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Architect and Architect's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.6 In consideration for the use of the Drawings, Specifications and other Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 9 documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Architect, Architect's consultants and Owner from and against, any claim or liabilities arising out of such use. 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 a designated, Brazos County, 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 otherinformation 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). Agreement for Construction— Exterior Access Stairs RFP CIP 24-513 Page 10 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required ,by Paragraph 12.2 or fails, more than once, to carry out Work in accordance, with the Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been. eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4:1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue_ correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the ,difference to the Owner. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project,. in excess of the amount contained in the Owner -Contractor Agreement, as a direct result of the Architect's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right,to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor (unless specifically agreed upon): .1 Partial Substantial Completion; .2 Substantial Completion when it occurs prior to the expiration of the Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 11 Construction Time. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties .of the Architect in the Architect's administration of the. Contract, or by tests, inspections, or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEWOF 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 pursuanfto Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a properly prepared, timely Request For Information (RFI) in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions,. but the Contractor shall promptly report to Architect any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Architect may require. 3.2.3 if the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. if the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 12 the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 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 3.11 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control' over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences, or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor.. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.6 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). Agreement for Construction — Exterior Access Stairs RFP CIP24-513 Page 13 3.3.7 Layout/grades will be per plans. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractors employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Architect and properly accepted and authorized by Architect, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth rin Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Architect whether or not such submittal has been reviewed or stamped by Architect. Notice must be specific and transmitted in letter form. If required by Owner or Architect, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Architect, a written warranty in approved form, stating that all materials -and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due .to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 14 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub —let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. 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. 3.5.6 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Architect, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by Agreement for Construction — Exterior Access Stairs RFP CEP 24-513 Page 15 the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor requires all Subcontractors, Sub -subcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract. Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of, and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However,, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 16 equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the 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 20 000.00 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 - 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Architect the name and qualifications of' a proposed superintendent. The Owner or Architect may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Architect has reasonable objection to the 'proposed superintendent, or (2) that the Owner or Architect requires additional time to review. Failure of the Owner or Architect to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly (within ten (10) days) after notification of contract award, shall prepare and submit for the Owner's and .Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Architect, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 17 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable -time, as defined by the Architect to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.10.4 Owner shall not be bound, by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be -available to the Architect and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub —subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the .information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 18 Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub -contractor represent to the Owner and Architect that the Contractor and Sub -contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Architect and. shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Architect on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In absence of such written notice the Architect's approval of a re -submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Architect or Architecting unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other Agreement for Construction —Exterior Access Stairs RFP CIP 24-513 Page 19 submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, .provided the Owner and Architect have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve ortake 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 Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction,. or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof Agreement for Construction— Exterior Access Stairs RFP CIP 24-513 Page 20 shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Architect proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has, reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ARCHITECT, ARCHITECT'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE 'INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH. (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB -CONTRACTORS, SUB -SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS, (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE. (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 21 THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT, 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub -Sub -contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph. 3.18 shall not extend to the liability of the Architect, the Architect's consultants and agents and employees of any of them arising out of. (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions or instructions by the Architect, the Architect's consultants and agents and employees of any of them, provided such giving, or failure to give, is the primary cause of the injury or damage. The indemnity for the Architect, the Architect's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Architect, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be approved in writing by Architect or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Architect for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Architect. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Architect. 3.19.4 Contractor shall establish and maintain benchmarks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Architect, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 22 Architect, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break —down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Architect. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Architect and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (at a maximum, in calendar days) Day 0: Award of Contract by Brazos County Commissioner's Court Day 10: Bonds, Insurance, etc. accepted by Brazos County Day 30: Notice to Proceed Issued. Contractor's receipt of Notice to Proceed, Submittals, as needed, to be provided within a reasonable time. Day 180: Contractor attains Substantial Completion Day 210: Contractor attains Final Completion 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice Architecting, or an entity lawfully practicing Architecting identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative or such representative as the Architect may designate, who may be employed by the Architect as a consultant. 4.1.1.1 Each of these terms; "Architect," shall mean Architect, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint a new Architect whose status under the Contract Documents shall be that of the former Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Architect will Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 23 advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Architect and Owner. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Architect, and as. Architect deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site evaluations or inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and. responsibilities under 'the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Architect for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Architect. Communications by and with the consultants shall be through the Architect, unless otherwise approved by the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Architect's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Architect's attention in writing if he wishes to obtain Architect's opinion. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect has authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 24 implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed, or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Architect's services and expenses. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Architect is limited to only those submittals required by. the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities -of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review by the Architect, Architect's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Architect, of any construction means, methods, techniques, sequences, or procedures. The Architect's review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Architect may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10If the Owner and Architect agree, Architect will provide one or more project representatives to assist in carrying out the Arch itect's'responsibilities at the site. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 25 Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until twenty (21) days after written request is received. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Architect's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, .as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Architect, this shall include showing in CPM format, both critical and non -critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Architect. Claims, including -those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A decision by the Architect and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving Ase 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 Agreement for Construction — Exterior Access Stairs RFP CIP 24-5I3 Page 26 initiated and submitted by written notice, to the Architect and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub -paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute -a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If'conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Architect will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the. Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including,but not limited to: (1) a written interpretation from the Architect; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Architect,- '(4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph, 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall Agreement for Construction -- Exterior Access Stairs RFP CIP 24-513 Page 27 demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of. the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Architect may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide* sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 28 subcontractor and owner. 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and or any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect: Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other -than the Owner. 4.4.2 The Architect will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim, if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such,party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished, or advise the Architect that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4A.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven (7) days. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Architect's decision, Architect will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 29 may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub —subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub — subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub —subcontractor or an authorized representative of the Sub — subcontractor. 5.1.3 Architect and Architect's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is necessary to obtain information necessary for the Architect or Architect's consultants to complete its services on the Project. The Architect shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or, entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 30 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Architect makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontractor agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub —subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed .Sub —subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub -subcontractor, or other levels of contractors and subcontractors, and Owner or Architect, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 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 i Agreement for Construction — Exterior Access Stairs RFP CIP 24-5I3 Page 31 information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the. right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the 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 Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors completed, or partially completed. construction, is fit and proper to receive the Contractor's Work, except .as to. defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 32 which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by 'the Contractor to complete or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor and an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and. signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work, .2 the amount of the adjustment in the Contract Sum, if any,, and .3 the extent of the adjustment in the Contract Time, if any. Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 33 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed bythe Owner and Architect directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes. related to the Work; Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 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 Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be 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 three hundred and sixteen (316) 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 — Exterior Access Stairs RFP CIP 24-513 Page 35 of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Architect. 8.1.3 The date of Substantial completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the projects tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because. it must occur as scheduled for the project to -finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shaft notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, Agreement for Construction —Exterior Access Stairs RFP CIP 24-513 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 Architect made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Architect. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 37 or re -execution of defective work, or extent of number of Architect's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is FOUR HUNDRED, FIFTY ONE THOUSAND, SIX HUNDRED, AND EIGHTY DOLLARS ($451.680.00) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Architect will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each progress payment,. the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Architect may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 38 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 Architect will, within seven (7) days after receipt of the Contractor's Application for Payment and the Architect's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Architect's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has: (1) made exhaustive or continuous on —site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Architect's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the. Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole ora, part of a Certificate for Payment Agreement for Construction — Exterior Access Stairs RFP CIP 24-5I3 Page 39 previously issued, to such extent as may be necessary in the Architect'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 Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Architect. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Architect's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall Dav each Sub -contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub —subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Sub -contractor, if practicable, information regarding percentages of completion or amounts applied for by .the Contractor and action taken thereon by the Architect on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 40 Owner nor Architect shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.6 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Architect, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut —down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Architect a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Architect's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Architect and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Architect's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in -accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Architect and Owner to determine Substantial Completion. Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 41 9.8.4 When the Work is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 42 in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect and Owner will in a reasonable time, make such inspection and when the Architect and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's and Owner's on -site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Architect's final Certificate for Payment will constitute a further representation that conditions .listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Architect: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owners property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If,the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has Agreement for Construction— Exterior Access Stairs RFP CIP 24-513 Page 43 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Architect, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.6 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 Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Architect resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 45 each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Architect or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Architect for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Architect for Project site safety conditions created or controlled by the Contractor that result in the Architect receiving a citation under the OSHA multi -employer citation provision. 10.2.13 The Contractor shall notify Owner's and Architect's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Architect to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.16 The Architect's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. if the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, in writing, with a copy to the Architect. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 46 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and -hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4 The Architect and Architect's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 The Owner and Architect shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Architect. The Contractor shall notify the Owner and Architect prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Architect all accidents arising out of, or in connection with, the performance of the Work, whether on or off the. Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 47 site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to. Owner and Architect. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from;' .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 48 Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $ 500,000 each accident $ 500,000 disease, policy limit $ 600,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $ 1,000,000 each occurrence (b) Property Damage: $1,000,000 each occurrence $ 2,000,000 aggregate Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 49 4. Personal Injury with Employment Exclusion deleted: $1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $ 100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. (d) °,Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self -insured hazards each occurrence 7. Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $ 600,000 each person $ 1,000,000 each accident (b) Property Damage: -$ 500,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 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: Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 50 $1,000,000 each occurrence $1,000,000 aggregate .2 Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus Architect fees, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11..3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract sum for the Work. If Owner is damaged by failure of Contractor to maintain such insurance, then Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal. including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if -possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than.ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equaHo,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 — Exterior Access Stairs RFP CIP 24-513 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. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other information required ,by surety. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's, Owner's or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect, Owner or governing authority has not specifically requested to examine prior to its being covered, the Architect, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. if such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or Agreement for.Construction — Exterior Access Stairs RFP CIP 24-513 Page 52 not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not .in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Architect may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed . or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. Agreement for Constriction — Exterior Access Stairs RFP CIP 24-513 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 Architects, Architects, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be affected 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 Architect. 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 Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 54 equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shalF make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Architect timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Architect of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 55 delivered to the Architect and Project inspector (if any). 13.5.5 If the Architect, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 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 Agreement for Construction — Fxterior Access Stairs RFP CIP 24-513 Page 56 nondiscrimination. ,2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants Will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub — subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Architect, Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 57 terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 58 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Architect, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Architect will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Architect, expressed in writing, meet or exceed the characteristics of the specified items. j Page 59 Agreement for Construction— Exterior Access Stairs RFP CIP 24-513 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'sJAN U,Ai24 9 - , 2024, meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1) to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS COU TEXAS Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: JACO C STRUC ION,LP C DY CONSTR CTION, LP Date: Date: ale 23 Agreement for Construction —Exterior Access Stairs RFP CIP 24-513 Page 60 ATTACHMENT "A" EXTERIOR ACCESS STAIRS REQUEST FOR PROPOSAL CIP 24-513 (WITH CLARIFICATION EMAILS) Agreement for Construction — Exterior Access Stairs RFP CIP 24-513 Page 61 1 J.AC- ODY IrLP CONSTRUCTION REQUEST FOR PROPOSALS RFP* NO. CIP 24-51-3_ EXTERIOR ACCESS STAIRS SUBMITTED. DATE TUESDAY,_ NOVEMBER 8,2023 2:OQ P.M. CST SUBMITTED TO: Brazos County Purchasing Department 200 S. Texas- Ave. Suite 352 Bryan, Tx 77803 SUBMITTED BY: JACODY CONSTRUCTION; LP 10770 SH 30, SUITE 400 COLLEGE STATION, TEXAS•77845 979.774•.5613 TABLE OF CONTENTS 1. Completed and Signed RFP: Tab 1 References. Certification of Proposal 2. Bid Bond and Company Insurance Tab 2 3. Exhibit B —*Pricing Form Tab 3 4. Signed Addenda's Tab 4 REQUEST FOR PROPOSALS RFP NO. CIP 24-513 EXTERIOR ACCESS STAIRS SEALED. PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, November 28, 2023 2:00pm CST: TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 -Phone: (979) 361-4290 Fax: - (979) 361-4293 Respondents, their employees and/or representatives -are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this. solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the RFP. Any such contact will be grounds for rejection of the respondent'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: 7aCody Construction, LP By (Print): Forrest Couch Physical Address: Mailing Address: Title: Partner 10770 SH 30, Suite 400, College -Station, TX 77845 10770 SH 30, Suite 400, College Station, TX 77845 Telephone; 979-774-5613 Fax: 979-774-5693 - E-Mail: foxrist:couch@jacodyconstmction.com A. SOLICITATION SCHEDULE A Pre -Proposal Conference will be held at the Brazos Center located at 3232 Briarcrest Dr, Bryan, TX 77802, followed by the Brazos County Health District, and finishing at the Brazos County Juvenile Justice Center at 2:00 p.m. on Thursday, November 16, 2023. Release of RFP Advertisement Dates Pre -Proposal Conference Deadline for Questions Proposal. Submission Deadline Review/Contract Evaluations/Negotiations Tuesday, November. 7,2023 Tuesday, November 7, 2023 Tuesday, November 14, 2023 Thursday, November 16, 2023 at 2:00 PM CST Tuesday, November 21, 2023at 5:00 PM CST Tuesday, November 28, 2023 at 2:00 PM CST December Anticipated Award December Anticipated Construction Start January 2024 B. SUMMARY OF WORK The Exterior Access Stairs consists of the. fabrication and installation of self-supporting roof access stares at three (3) Brazos ,County Building locations. The buildings are: 1. The Brazos Center,. located at 3232 Briarcrest Drive, Bryan, Texas 77802; 2. The Brazos County Health District, located at 201 North Texas Avenue, Bryan, Texas 77803; and 3. The Brazos County Juvenile Justice Center, located at 1904 West State Highway 21, Bryan, Texas 77803. Each roof access stair will be shop fabricated and assembled on site. Each stair will have a davit crane for loading and unloading equipment, tools, or vehicles onto the roof from the ground level. Each stair will also have a security gate at the base that will be accessible only to Brazos County staff. C. ALTERNATES There are no planned alternates for this project. D. CONDITIONS OF RFP The following instructions apply to all proposals and become a part of Terms and Conditions of any proposal submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this Proposal. All Contractors are required to be. informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In ordef to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS'. COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Contractor(s) of this .proposal request. e.. COUNTY ' - The government of Brazos County, Texas and its authorized representatives. f. SUB -CONTRACTOR - Any contractor hired by the. Contractor or Supplier to furnish materials and services specified in this proposal request. 21Page g. SUPPLIER - Same as Contractor 2. Brazos County will follow the Texas Local .Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation -committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If the County chooses, these top scoring firms will be given an opportunity to present potential value engineering or cost saving suggestions to the County. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will be requested including any revisions and allowing for a revision of the completion timeframe for inclusion into the final contract. 3. Upon acceptance and approval by the Commissioners' Court, this proposal will be made partof the contract between Brazos County and the successful Contractor for the period designated. 4. Proposals must be received by the Purchasing Department prior to the time and date specified. The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential Contractor. Only written specifications and written price quotations will be considered. 7. Brazos County. reserves the right to reject any proposals that do not fully respond to each specified item. 8. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable and non -assignable by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty- day written notice -is given. 10. The proposal award shall be based on, but - not necessarily limited to, the following factors: a. Total cost including the selected alternates and addenda 40% Contractor's fee and all construction costs by line item will be considered with all .other criteria to determine best value to the project. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated.- 3 1 Page b. Completion time 15% How many days it will take to reach substantial completion of the project. The lowest construction time proposal of all the proposals become the standard by which all the time proposals are evaluated. c. Past performance on similar projects of size and scope 10% Proposer's-specific experience on like projects. Consideration will be given to the number and type of like projects completed. & Overall Experience of Project Manager & Superintendent 20% Proposer's direct management personnel experience. Points are awarded based on the qualifications of proposer's Project Manager and Superintendent. e. Resource Availability 15% Listing of personnel and company owned or leased equipment. Provide other resources available. 11. Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost. 12. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes- possession of the goods at the point or points of delivery. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 15. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Purchasing Agent. 16. Proposals will not be considered if submitted by telephone, fax, or any other means of rapid dispatch,, nor will a proposal be considered if submitted to any other person or department other than specifically instructed. 17. All proposals shall be submitted in accordance with the instructions contained herein. Brazos County. will not be liable for .any information received through other websites or sources of information. It is the sole responsibility of the respondent to verify the accuracy of information received from sources other than Brazos County. It is recommended that the respondent check the Brazos Valley e-Marketplace (littps://brazosbid.ionwave.net) for addenda prior to submitting their proposal. 18. There is no expressed or implied obligation for Brazos County to reimburse responding service providers for any expenses incurred in preparing proposals in response to this request. 19. Proposals must show full company name, mailing address and telephone number .and be manually signed by an authorized sales or quotation .representative of the Contractor. Company name and authorized signature shall appear in each space 41Page provided. The Respondent must include Employer Identification Number or Social Security Number and signature for the proposal to be valid 20. The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit A attached. A contractor or subcontractor who violates this section shall pay to Brazos County $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated on Exhibit A. 21. The proposal specifies the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the -contract. If 'the job cannot be completed within the terms of the contract as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agree to as liquidated damages, for each additional calendar day of delay past the thirty (30) days stated in the contract: two hundred fifty dollars ($250.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor: 22. Proposals must specify the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to specify completion time or failure to comply with completion time will be considered reason enough to cancel the contract. 23. Proposals must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. In the event of a discrepancy between the numbers given for the price and the word form of the price, the word form shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 24. It. is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 25. This Proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County contained in this RFP or the plans for this RFP shall supersede those of the respondent in the event of a conflict.. 26. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent ,jurisdiction finds that . any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 51Page 27. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. SPECIAL PROVISIONS 1. Respondent with questions regarding the proposal should submit them in writing via the Brazos Valley e-Marketplace at https://brazosbid.ionwave.net. 2. Fill out the pLoposal completely, identify the proposal name and number on the outside and return it to the Brazos Cou= Purchasing Department Administration Building 200 South Texas Ave., Suite 352, Bryan, Texas 77803 prior to the submission deadline. The proposal is invalid if it is not deposited at the designated location prior to the time and date advertised, or prior extension issued by the County. 3. All proposals shall be prepared on the bid forms located on the ' Brazos Valley e- Marketplace County web site https://brazosbid.ionwave.net. The proposer must put the proposal number and name on the front of the envelope before mailing it to the Purchasing Department. 4. In addition to the County's proposal form, all proposals shall be accompanied by a Contractor's Qualification Statement (AIA Document A-305 or equal) listing five (5) like projects, along with the project's owner and engineer contact information on each project. Please note key individuals means Project Manager and Superintendent for this project. Please be , specific on the project commitments in progress and future planned commitments to comply with the requests of this RFP. 5. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from Contractors. 6. The. contract shall be awarded to the responsible Contractor whose proposal is determined to be the best evaluated offer. 7. Responses to this proposal should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. Performance Standards: a. All services contracted. herein shall be done in a courteous and orderly manner. All Contractor personnel shall be appropriately. dressed at all times while on the property. b. The personnel performing the services contracted herein shall be under. the sole responsibility and the employ of the Contractor. c. All materials and equipment brought to the site are the full responsibility and liability of the Contractor until removed from the site- as required. d. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. 6 1 Page e. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the performance of the work herein to be done. f. The Contractor shall . be responsible for initiating, maintaining, and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions .for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the project and other persons who may be affected thereby, (2) the project and ' all materials and' equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. g. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). F. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 1. Brazos County, Texas is subject to the Texas. Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the Proposer believes that the Proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not acceptable. All Proposals or parts of the Proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful Proposal may be considered. public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of the Respondents. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your entire Proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act. 4. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor agrees that the contract can be terminated if the contractor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government.Code. G. CONFLICT OF INTEREST 1. The. Respondent shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of Brazos County. 2. By signing and executing this Proposal, the Respondent' certifies and represents to _the County the Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, 71Page recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process, Proposers, their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County Commissioner's Court meets to consider award of the Proposal. AU such contact will be grounds for rejection of the respondent's proposal. H. ADDENDA AND MODIFICATIONS 1. Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in the Proposal. 2. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request- of the Proposer, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley e-Marketplace and will become a part of the Proposal package, having the same binding effect as provisions of the original Proposal. No verbal explanation or interpretations will- be binding. In order- to have a request of interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than the question deadline. 3. All addenda, amendments, and interpretations of this solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in -writing. Only information supplied by the -County in writing or in this RFP should be used in preparing Proposal responses. 4. The County does not assume responsibility for receipt of any addendum sent to Proposers. 5. All addenda must be acknowledged on this form. 6. The Commissioner's Court delegated the right and responsibility for issuing any and all addenda to the Purchasing Agent. I. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 1. Each Proposer shall carefully examine all RFP documents and be thoroughly familiar_ with all requirements prior to submitting a Proposal. 2. Before submitting a Proposal, each Proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the Proposer of the obligation to comply, in every detail, with all provisions and requirements of the RFP. 81Page J. TAXES Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon -request. K. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance -.maintained by the County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include "all subcontractors as -additional insured under its policies or shall furnish separate certificates and endorsements, for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy c. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. . b. Deductibles shall. be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced* in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. COMMERCIAL GENERAL LIABILITY a. General Liability insurance shall be written by carrier with an A:VIII or better rating in accordance with the current Best Key Rating guide. b.Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. c. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d.Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided, at the Contractors expense. e. Brazos County shall be named as additional insured on Contractors insurance. "Texas Waiver of . Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 9 1 Page 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an ANVIII' or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. ' 3. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or -her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of $500,000.00 for each accident is required. b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 (' c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: a. Definitions: i. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. ii. Duration of the project - includes the time from the beginning of the work on the' project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. iii. Persons providing services on the project "subcontractors" in section 406.096 {of the Texas Labor Code}) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This - includes; without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as 10 1 Page food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all . employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: i. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project; and certificates of coverage showing coverage for all person; and ii. no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that 'meets the statutory requirements of Texas Labor Code, Section .401.011 (44) for all of its employees providing services on the project, for the duration of the project; ii. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided . for all employees of the person providing services on the project, for the duration of the project; iii. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. iv. obtain from each other person with whom it contracts, and provide to the Contractor: 11 1 Page (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; vi. notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii. contractually require each person with whom it contracts, to perform as required by paragraphs (a)-(g), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract, or providing, or causing to' be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self -insured, with the commission's Division of Self -Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. CERTIFICATES OF INSURANCE Certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates -of insurance. L. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, .codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the -conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 12 1 Page The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. M. SAFETY PRECAUTIONS Safety precautions at .the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to 'the Bryan Fire Department marked "Attu.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work. as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any properly damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. N. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from. and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract,. arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for ggods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. c. The Contractor shall indemnify and hold harmless and defend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. f. The Contractor shall also be responsible for subcontractors hired. 13 1 Page . g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. O. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. P. BONDING REQUIREMENTS 1. All proposers must submit, with proposal, a cashier's check or certified check for at least five. percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the respondent will do the work described herein at the rates, stated herein. Unsuccessful respondent's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 2. The successful respondent 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 RFP award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED .BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. 14 1 Page Q. PROPOSAL SUBMITTAL 1. The Proposer shall submit the proposal on the forms enclosed on the Brazos County web site. All blank spaces in.forms shall be correctly filled in by typewriter or manually in ink and the bidder shall state the prices. 2. If a proposal is submitted by an individual, his name must.- be signed by him -or'his duly authorized agent. If the- proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent: 3. The Proposer shall submit one (1) original of completed RFP with appropriate signature(s). This should include any pricing (Exhibit B), references, specified qualifications, : etc. The Proposer shall also submit and five (5) copies ' of the qualification -statements in their proposal packet. 4. By signing the certification below, the .respondent verifies that all plans and specifications. have been reviewed and are considered in the pricing attached.. Prior to award, the respondent also completes the Verification of No Delinquent Taxes 'or Fees form (V.T.C.A. LOCAL GOVERNMENT CODE §262.0276), Legislative Certification Form, and the Disclosure of interested Parties (1295), These ate all available on the Brazos County Purchasing website. 5. List of Exhibits that vendor has confirmed they have reviewed. before signing and submitting this response: a. Exhibit A: Architect's Plans b. Exhibit B: 'Bid Form c.. Exhibit C: Prevailing Wage Rates d. :Exhibit D: Sample Construction Contract e. Exhibit E:. Geotech Reports for each building 6. By -.submitting a response to this RFP, the proposer is agreeing to sign the County's Contract, Exhibit C 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. Contractor's Qualification Statement.(AIA Document A-305 or equal) i. To include similar projects of size and scope ii. To -include Project Manager and Superintendent experience iii. To include list of available resources (Personnel and equipment not concurrently -committed to another project) c. Bid -Bond, certified check or cashier's check for 5% of the total bid. amount d. Exhibit B — Pricing Form e. Signed Addenda's (if any) 15 1 Page . ,5 R. LIST OF SUB -CONTRACTORS 1. Earthwork McDermott Construction, LLC 2. Demolition McDermott Construction.LLC 3. Mechanical N/A 4. Electrical . N/A 5. Masonry Contractor N/A 6. Concrete McDermott Construction LLC 7. Roofing N/A 8. Mill Work . N/A 9. Other Steel Fabrication-.ExoTech Construction 10. other Fencing - Bills Fence 11.Other S. PRICING Complete Exhibit B attached and submitted with the- proposal. T. REFERENCES Respondents shall provide a list of at least•five (5) references, where.work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. References received- on previous solicitations for similar .size and scope in the previous six (6) months may be considered in lieu of obtaining a new reference check. A negative reference may be grounds for disqualification of bid. 'Respondents are not allowed to use Brazos County as a reference. .Company/Entity: Md.-South Synergy Contact: Troy Morris Phone: 936-825-5100 (0) Email: tmorris@midsouthsynergy.com 16 1 Page Company/Entity: City of College Station Contact: Rusty Warncke Phone: 979-764-3486 (0) Email: rwamcke@cstx.gov Company/Entity: Monogram/CS, LLC Contact: Peter Ajlouny Phone: 408-202-9922 (0) Email: peter@monogramproperty.com Company/Entity: Andrews Orthodontics Contact: Dr. John Andrews Phone: 979-220-4235 Email: jaortho@gmail.com -------------- . Company/Entity: P1anNorth Architectural Contact: Ryan Key Phone: 979-77770602 Email: ryan@plannorth.com 17 1 Page U. PROPOSAL EVALUATION WAIVER By submitting a proposal or response, each Proposer/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for 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. JaCody Construction, LP Finn's Name: Address: ' 10770 SH 30, Suite 400, College Station, TX 77845 _ Proposer's Name: Position/Title: Forrest Couch Partner Proposer's Signature: Date: ��'I �gl W�li ; v Subscribed and sworn to me on this W day of dOj 16CIL4n the year WV3 JOSIE ELY NOTARY PUBLIC No ry u C srs� }�`' MY COMM. EXP. 06/04/25 NOTARY ID 12676716.8 My Commission expires V. ADDENDA The undersigned acknowledges responsibility for all addenda issued prior to closing date. No addenda will be issued less than 48 hours prior to the solicitation submission deadline. No. Date No. 11/22/2023 Date No. Date 18 1 Page W. CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute this contract, that this- bid has not been prepared in collusion with any other Contractor, and that the contents of this bid have not been communicated to any o er Contractor prior to the official opening. Signed By: Title: Partner Typed Name: Forrest Couch Company -Name: Mailing Address: JaCody Construction, LP 10770 SH 30, Suite 400, College Station, TX 77845 P.O.- Box or Street City State Zip Employer Identification Number: 81-1304514 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 24-513 By signing below, Brazos County agrees .that this RFP CIP 24-513 will be awarded to the respondent whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos.County Commissioner's Court Date: U;>(Cl ao o%L Attest: Brazos County Clerk 19 1 Page- SureTec IV BID BOND 1OW ALL MEN BY THESE PRESENTS, that we JaCodv Construction, LP as principal, hereinafter called the rincipal," and SURETEC INSURANCE COMPANY; 1330 Post Oak Boulevard, Suite 1100, Houston, Tx 77056, surety, hereinafter called the "Surety.," are held and firmly bound unto Brazos County as. obligee, hereinafter Iled the Obligee, in the sum of Five Percent of the Total Amount Bid Percent (5%) of the Amount Bid by ncipal for the payment of which sum -well and truly to be made,�the said Principal and the said Surety, bind e islves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these ;the -principal has submitted a bid for Brazos County Exterior Stairs Access. 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 nuli-and void, otherwise to remain in full force and effect. Y PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless -Obligee prior to execution ofi 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 28th day of November, 2023. . JaCody Construction, LP (Principal) BY: • TITLE: SureTec Insurance Company BY: . Jeff Husk, Attorney -in -Fact Bid Bond uncapped text Rev 1.1.06 P0A# 4221197 .JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its } principal office in tha'Couhty 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:. r • f Patrick L Watkins, Sheila Pennington Noxon, Rodney T Watkins, James F Siddons, April M Terbay, Andrew.Webb, Hanna Ogle Their -true and lawful agent(s) and attomey(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 or jointly, as co -sureties, 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: - Ten Million and 00/100 Dollars ($10,000,000.00) 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 InsuraIrice-Company and Markel Insurance Company: "RESOLVED, That the 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 df attorney, and such authority caq be executed by use of facsimile'signature, which may be attested or acknowI ledged 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 tiie-case maybe, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SuireTecInsurance Company have caused their official seal to be hereunto affixed and these presentsfo.be signed by their duly authorized officers on the 24th day of January 2o23 . State SureTec Insurance Company 5d�►NC `! s ►c�'�i Ip b0-6lr pL w W v SEAL •3 v_ . Cr Michael C. Keimi • President `1--~ 11 •�� � • ` Harris: On this 24th 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, tome personally known to be the individuals and officers described in, whb.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 affaed and subscribedtothe said instrument by the authority and direction of t6 said companies, and that Resolutions adopted by the Board of Directors of said Companies referr i d to in the preceding instrument is now in force. IN TE5fIMONY WHEREOF,.I have hereunto set myhand, arid. affixed my Official Seal at the County of Hams, the day and yearfirst above written. JULIE E. MD129475 Notary Public SG :•• Commission # By J ie E. McClary, Notary Public Commission Expires y commission expires 3/29/2026. 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 28th day of November 2023 I94310suraytge Company _ /� - Markel Insurance Company W Br6nt Beaty, A f istani Secretary �•. Any Instrument Issued in. excess of the penalty stated above is totally void and without any validity. 4221197 For verification ofthe authority of this Power you may call (713)812-0800 on any business day between'8:30 AM and-S:00 PM CST. SureTec Insurance Comoan --,f IMPORTANT NOTICE 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: SureTec 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.st6te.tx.us Email: ConsumerProtection@tdi.texas.gov [UM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you i contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of SIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 ® DATE (MM/DD/YM �coRo CERTIFICATE OF LIABILITY INSURANCE.. 11/17/2023 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 INSUHER(S), AUTHORIZED - EPRE#NTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 1PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL'INSURED provisions or be endorsed. u 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 endorsement(S): ' . PRODUCERI CONTACT NAME: Wend Harrod: ANCOIn.SUranCe PHONE.. FAX PO Box 3889 •979-774-6283 A/C No): 979-774-5372 Bryan TX 77805 AoDREss: harrod anco.com INSURERS AFFORDING COVERAGE NAIC d INSURER A: Texas Mutual Insurance Company 22945 INSURED I ' JACOCON-02 INSURER B : EMC Insurance COS 21415 JaCody Construction LP' 10770 State Hwy 30,. Suite 400 INsuReR c College Station TX 77845 INSURER D : INSURER E : INSURER F : Cf�VFRA[;FS CFRTIFICATF NUMRER:771R1n7nA REVISION NUMBER: THIS IS TO CERTIFY THAT.THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN -ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,- TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO'WHICH THIS CERTIFICATE MAYBE 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. ILT R LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMILDID EFF POLICYEXP LIMITS B. X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FRI OCCUR 8BB2039 10/26/2023 10/26/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED— PREMISES Ea accurre ce $ 500,000 ' MED EXP Any one erson) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY E JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ - Y AUTOMOBILE LIABILITY X A�VY AUTO OWNED E.SCHEDULED AUTOS ONLYAUTOS HIRED NON -OWNED ONLY AUTOS ONLY 6E60373 10126/2023 10/2612024 COMBINED SINGLE LIMIT accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGEXAUTOS Per accident $ B X .UiABRELLALIAB EXCESS LIAB X OCCUR CLAIMS 6J60373 10/26/2023 10/26/2024 EACH OCCURRENCE $5.000,000 AGGREGATE $ 5,000.000 DED X RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE —1 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) Mesdescribe under RIPTION OF OPERATIONS below NIA 0001110485 10/26/2023 . 10/26/2024 X STATUTE ERH E.L. EACH ACCIDENT - $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 EL.DISEASE -POLICY LIMIT $1,000,000 B EqulprrientFloater = '6C60373 10/26/2023 10/26/2024 LeasedlRented 100,000 DESCRIPTION Additional) General OF OPERATIONS /.LOCATIONS / VEHICLES (ACORD 101, Additional. Remarks Schedule, maybe attached N more space Is required) Insured - Owners, Lessees or Contractors - CG7650 Liability Elite Extension - CG7578 GERTIFIGAIt MOLDER IIVry SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ,EXPIRATION DATE THEREOF,- NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY.PROVISIONS. Brazos County 200 S Texas Ave, Suite •352 AUTHORIZED REPRESENTATIVE Bryan TX 77803 n 1ARR-2015 ACORD CORPORATION. All riahts reserved. ACORD 25 (2016/03) The ACORD name alid•logo are registered marks of ACORD - Exhibit B: Pricing Form Vendor Name: JaCody Construction, LP The base proposal price for the TOTAL PROJECT should include $20,000 for contingency allowance to be used only as directed by the Brazos County. Brazos Center: 1. Pricing for all materials and work included in the base proposal: $ 147,463.00 a. Pricing in word format: One hundred forty-seven thousand, four -hundred sixty-three and no cents. 2. Time to substantially complete (99%) proposed work: 75 days a. Total Number of days in word format: Seventy-five Brazos County Health District: **Assume crane procurement will take 6 weeks. 3. Pricing for all materials and work included in the base proposal: $ 132,55.9.00 a. Pricing in word format: One hundred thirty-two thousand, five hundred fifty-nine and no cents. 4. Time to substantially complete (99%) proposed work: 75 Days a. Total Number of days in word format: Seventy-five **Assume crane procurement will take 6 weeks. Brazos County Juvenile Detention Center: 5. Pricing .for all materials and work included in the base proposal: $ 149,109.00 a. Pricing in word format: One hundred forty-nine thousand, one hundred nine and no cents. .6. Time to substantially complete (99%) proposed work: _ a. Total Number of days in word format: Seventy-five 75 days **Assume crane procurement will take 6 weeks. Total Project: 7. Pricing for all materials and work included in the base proposal for all three locations, including contingency: $ 451,680.00 ' a. Pricing in word format: ' Four hundred fifty-one thousand, six hundred eighty and no cents. 8. From award by Commissioners' Court and receipt of a purchase order, respondent can begin work in 14 days starting with a signed contract in place. a. Number of days in word format: Fourteen days. Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 3614292'. - FAX (979) 3614293 Addendum #1 to CIP 24-513 Exterior Access Stairs November 22, 2023 e: Adding Crane Cut Sheets & Pre=Proposal Sign In Sheet is Information Requested see the- added Crane Cut Sheets and the Pre -Proposal Sign In Sheet that has been Lis addendum should be signed by an authorized representative of the respondent and returned with bid documents as specified in the bid. ;knowledgement of A e du Signature: Printed Name: Battles From: Forrest Couch <forrest.couch@jacodyconstruction.com> Sent: Friday, December 1, 2023 12:02 PM To: Kaitlyn Battles Cc: William C. Wendt; Josie Ely; Forrest Couch Subject: RE: Clarification Question: CIP 24-513 Exterior Access Stairs Attachments: Exhibit B-JaCody Construction.pdf County Disclaimer ais is an email from an EXTERNAL source. DO NOT click links or open attachments unless you recognize the and have verified that the content is safe. Never enter USERNAME, PASSWORD or sensitive information on inked from this email.****�` -. ................................................................................................................................................................................................................._.............................................................................................................................. Kaitlyn/Charles, see attached revised proposal. I just revise the sub totals, my overall total is still the same. I took the owner ;ency and divided it into the 3 projects equally. I also devised the schedule to 105 days (I think it will be faster but wanted to leave us some room for some potential procurement issues that are beyond my control). This assumes that we can work on all 3 site concurrently. Pleasel let me know if you have any additional questions. FC JAC OI)-y CONSTRUCTION, 6P Forrest L. Couch II Partner 10770 SH 30, Suite 400 College Station, TX 77845 C: 9791446-5512 0: 979-774-5613 F: 979 1 774-5693 From: Kaitlyn Battles <KBattles@brazoscountytx.gov> Sent: Thursday, November 30, 2023 8:59 AM To: Forrest Couch <forrest.couch@jacodyconstruction.com> Subject: Clarification Question: CIP 24-513 Exterior Access Stairs Hello Forest, I am going through the proposals that that were submitted this week for the Exterior Access Stairs project and I have a clarification question before the committee meets. Each I item is not equaling the total, so I just wanted to clarify that the following: Brazos Center Cost: $147,463.00 Brazos County Health District Cost: $132,599.00 1 Brazos County Juvenile Detention Center Cost: $149,109.00 - Total for all three: $429,131.00 You have on your bid the total of $451,680.00, which makes a difference of $22,549.00. Per the RFP documents, we have to take the unit price, which makes your total for this project the total we found of $429,131.00 Are you okay with this price? We want to confirm before moving forward. On another note, will you be working one project at a time, or all simultaneously. For instance, for your total days, currently it is 225, but if you are going to work on them at the same time, this may come down. So to sum it up, we need to confirm the total price and the total amount of days to make our scoring more effective. Thanks so much and let me know if you have any questions. w 13&ffW, Assistant Purchasing Agent Brazos County 200 S. Texas Ave., Ste. 352 Bryan, TX 77803 1-4285 Office 6-9242 Cell revised subtotals Exhibit B: Pricing Form Vendor Name: JaCody Construction, LP The base proposal price for the TOTAL PROJECT should include $20,000 for contingency allowance to be used only as directed by the Brazos County. Brazos Center: 1. Pricing for all materials and work included in the base proposal: $ 154 , 9 8 0 a. Pricing in word format: one hundred fifty four thousand nine hundred eighty dollars 2. Time to substantially complete (99%) proposed work: 10 5 days a. Total Number of days in word format: one hundred f ive (all 3 sites total Brazos County Health District: 3. Pricing for all materials and work included in the base proposal: $ 140,076 a. Pricing in word format: One Hundred forty thousand seventy six dollars 4. Time to substantially complete (99%) proposed work: 105 a. Total Number of days in word format: one hundred five (all 3 sites total) Brazos County Juvenile Detention Center: 5. Pricing for all materials and work included in the base proposal: $ 156,624 a. Pricing in word format: One Hundred fifty six thousand six hundred twenty four dollars 6. Time to substantially complete (99%) proposed work: 105 a. TotalNumber of days in word format: one hundred five days (all 3 sites total) Total Project: 7. Pricing for all materials and work included in the base proposal for all three locations, including contingency: $ 451,680 a. Pricing in word format: four hundred fifty one thousand six hundred eighty dollars 8. From award by Commissioners' Court and receipt of a purchase order, respondent can begin work in 14 days days starting with signed contracts, submittal, shop drawings. Time should start when permits are availabie and contract is executed a. Number of days in word format: 10 5 days. * all three jobs sites may run concurrently * assume 6 week lead time on cranes * 20k owner allowance is equally distributed between the 3 locations listed above. BRAZOS COUNTY BRYAN, TEXAS I DEPARTMENT: CC2024 Variance Request - Road and Bridge NUMBER: Building Setback 18800 Indian Lakes Dr DATE OF COURT MEETING: 1/9/2024 ITEM: Approval of variance request from Ryan Bevans with SRB Outdoors, LLC on behalf of property owner pertaining to building setback requirements, Brazos County Subdivision Regulations, Article 7.6.2. Site is located in Precinct 1. OM: TE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: Commissioners Court Karen Tyler 01 /03/2024 False False $0.00 ' Description 7xpg Variance Request Memo Backup Material Site Plan Backup Material Application for Development Backup Material APPROVD Duane Peters Date County Judge 12 December 2023 SRB Outdoors, LLC Ryan Bevans 4119 Whispering Creek Dr. College Station, TX 77845 Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 To the Commissioner's Court of Brazos County, I am writing to request a variance for my client, Mitch Woods, to construct a Mother-in-law suite with garage (ADU dimensions - 40x50 feet) within the rear setback by 10 feet of the 1.62 acre lot on 18800 Indian Lakes Dr. College Station, TX 77845 (Phase 25, Block 36, Lot 1). Below are justifications for approval variance: With your approval, this variance will allow the owners of the home to provide a space for their elderly parents and enjoy their home and property. The requested variance does not constitute a special privilege inconsistent with the limitations upon other prosperities in the subdivision. It will improve the property and its value by creating a functional gathering space harmoniously existing with the house: The location of proposed structure was chosen with care and conscientiousness of the neighbors. The structure will be set off to the right rear of the property. Noise and light would be non - obtrusive and concentration of persons would be minimally visible to Indian Lakes dr. There will be conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping with the current residential dwelling on the property. The requested variance does not go beyond the minimum necessary requirements needed from the Villages of Indian Lakes Association aside from the rear setback variance. They only require to see the proposed set of plans with elevation renderings to approve constriction, as well as, an approval from the county for the requested variance. Thank you, Ryan Bevans SRB Outdoors, LLC Owner ' smear - 7�,t,��' �'•'� .u—�� ra' \ ' --- . ____ '��'--�1►�?1�7 N�Mh1-•�OR4iT- 97Ybe9 ``_........... ---•--........._._.._._.._ ... __.._. __._.. . Q7itrF1��-�-�SR'3J��t ems= �11�d.'��.dt3ri_tt73�%--�2T.G��L.-- • _._—_. .- -- ----- I • 'ui��aa+a• i r � Hrsa:�Yrrr3-� i /+fA?l:A/.JJZY.Y43-�"JSr• + � I� i � }.� _ _��- .�__.__—_.._._._.__ � �atas�rcm�1=.�".'.�.___17P114'dY!1i�:•,. I ! - • .. I i .,:•>.T•,r_ � ... a _ 1 0-1 RE I iI MI-7 ..tt :•` ' 1 � J, '_'�yif h�iZ! _ •:w__—�=-�mma:�.xe.u.=-x- _ _ _ _^!� �i� t "::'�.:'JS3;'kr 1 • f f 14 <� •�'' " •' . r "�.p' ; .�xl�cr�� ') � <ram�c_-Iaar�a Wr _. � - .. J _ `i ..: l' ' - „"'�_ ` ; ��...✓''•• _---:___.--'ram?. ; 1---dfla_: i?idf:�. 1 ,i` j;.� I,l, I!�'� ! -- I • ,Y i/ I I I f I ` i� EI `�- ' �� ILJ I ; .. r•.- Ip- is �i - -.-. .ke�yx,�;i- ' r __ .. _ _ nl i 1 ..... ..... 77,r. MIA RK bbbl. tv ir wu i*sjb I� lit LIM -ft L M- 77771IME Sn --MR. S�TB�•.FT 60 PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979.) 822-2127 Fax: (979 775-M6 Email: plats ftrazoscountyN.aov SUBJECT PROPERTY APOCATION DATE'; {{ �Z� / INFORMATION RESUBMITTAL' ❑ YES ® NO PROJECT / SUBDMSION NAME: IW W1] PROJECT ADDRESS OR LOCATION: (%400 - vrs. `t"i5+-iS LEGAL DESCRIPTION: IF RESUBmrrTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS; { TOTAL ACREAGE URISDICTION ; ❑ CITY LIMITS ® ETJ ❑ OUTSIDE ALL CITY LIMITS AND 5TJs + 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 ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ AMENDING PLAT ❑ REPLAT i APPLICATION PU ❑ RESIDENTIAL. ❑ MANUFACTURED HOME ❑COMMERCIAL RENTAL COMMUNITY n 2Q OTHER (Please explain): V(f(Z w% rt i r c FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES [A 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 bn rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Flood Damage Prevention Ordinance does not Imply that Development outside the areas of special Permit in accordance with the Brazos County 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. ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES ® NO ENGINEER f ® ADOBE (.pdf file) ❑ AutoCAD (.dwg file) (Email To: 911 ADDRESSING I 0 ADOBE (.pdffile) El AutoCAD (.dwg file) (Small To: ais(Mbrazoscount&gov ;\q k.Q." 4;,i FIN 61,010 N'k FIRM NAME: CONTACT. ADDRESS: -Fzjp. CITY- CA&M,&, STATE- PHONE: e 4-14 - Ub ell bD EMAIL- ry,,q 4 C4.-% REV EMMk%RrRD . -"L FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE, FAX: EMAIL: FIRM NAME: CONTACT: ADDRESS: CITY. STATE: ZIP. PHONE: MAIL: i 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 thwever, organization or business in this Application. I certify that the preceding information is complete and accurate, and it>AmqerstoodXat I a ree to the Development/Subdivislon of this property. SIGNATURE PRINTED NAME 2 ' L7 DATE: /-> I SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not In any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make afinal decision that does not conform to the stairs recommendation. PLAN: No charge PLAT: $200 + $20 per lot APPLICATION RECEIVED: / SIMPLIFIED PLAT: AMENDING PLAT: $100 1 PRELIMINARY PLAN: $100 l REPLAT $150 + $10 per lot $200 DATE APPLICATION RECEIVED / REJECTED: 1 / 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 pail of the review process. cation Check List: 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 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: 17 Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that Ithey 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. BRAZOS COUNTY B RYAN, T EXAS KI MLN I: Road and Bridge NUMBER: CC 2024-MetroNet-Old Reliance Road -Wallis -to -southeast OF COURT MEETING: 1/9/2024 FROM: DIATE: FISCAL IMPACT: BUDGETED: DIOLLARAMOUNT: Consider and take action on the MetroFlbemet, LLC utility permit to install 1,720 feet of conduit and fiber-optic lines within the right of way of Old Reliance Road. Project includes aerial crossing and 2 road bores. Site is located in Precinct 2. Commissioners Court Joe Salvato 01 /04/2024 False False $0.00 Name Description Ime Permit-MetroNet-Old_Reriance.pdf Utility Permit- MertoNet- Old Reliance Road Backup Material -APPRO Duane Peters Date County Judge - � iJ �''k� "� r` 1 � �' � '� � r s �x. � >r'k � � �x."� 'k •�' 'may ,� s .r��/� t "" Ck�. � Rt �- � � � r � _ • � gyp•'' �'�'•`^ � _ � ' ri.'f`Y ' #�: r� � ��_ ;:,•-t ;. � .�, '' fa.r,i, fi' �:� � ` a '� �` 't� *� �� x J" A'�� r`' � �` r r r,�''•�,. 1��� 1r ,••�tr' i k.'" ir` a�1 rya "d«r T �` rY � �� .y`�� �v. �#�"� .Y r � _ r. �� ��a r,+t..• yq4 'q'` •,� 9+ry`�j�i:: �, �j� '�, �y. '`� �h ��^ 4 ^� �.�^ •w t^ ti •"�. YYYVVV... .`Y W fiL e4\,t 4 J.. ��,. T � y +. '�"+ i w � w •� ! '". �.� ram,, � ,_ ,.y. ace - 1 !'a1♦: S�h. y�Y� �yC q„c p. Y AN VA 2211 R rA* w4',�+ / T S Topes Emwadon — LEGM Syftafll The lop of the fiber optic facility slwp be placed a minimum of 46' — — — — — Proposed 1.26' HOPE SDR 13.5 Ducts via — — — — — — — — Proposed Underground Fiber Optic Cable below the ditch grade of 16' below the pavomenl stru t= of 6V Horizontla Directional Drilling Tracer & 1.25' HDPE SOR 13.5 Ducts via below the lop of the pavement surface. Whichever is greater, the Horizontal Directional Dril[mg department may authorize a minimum depth of cover not leas than ■ Proposed 12' Square utility Box Riot Symbol 36' below the ditch grade of 6(r below the top of the pavement surface, whichever is gmW. Il the utility waives damages and holy r_1 Proposed 1 Tx38'xl8' & 13'x241xtS HH's Indemnifies the department in a form acceptable to the depa mcnt. (with 36kBore Pit) BP t) ®fisting Utility Pole City of Bryan Utilities t Fire Hydrant Q Sanitary Sewer MH Bryan Texas Utilities Ali Padmount Transformer ® Storm Sewer MH Pole Mount Transformer sir Sanitary Sewer Marker S1NSMR Storrs Sewer Secondary Pedestal wm Water -_��— Public or unspecified easements Luminaire Street Light — _�- -^- Drainage easements Luminaire Flourescent Ught n Gas Easements j { Decorative Luminaire Ught _ Existing Comms Easements Tower — —vc— -- -��- Electrical easements Pole Right of Way _„,rcxic— Water Utility Easements Switch — —sTus mur— STMSWR Easements -------- Underground _... Bwmu$— SSWR Utility Easements - ------ Overhead LE<MM The top of the film optic facility "I be paced a minbnum of 48' — — — — — Proposed 125' HDPE SDR 13.6 Ducts via — — — — — — — — Proposed Underground Firer Optic Cabin with below the ditch grace of t6' below the pavement structure of 8e' Homontia Directional Drilling Tracer 6125' HDPE SOR 13.5 Ducts via below the top of the pavement surface, whichever 13 greater, the Horizontal Directional Drilling department may authorize a minimum depth of cover not less then g7 Proposed 1 r Square utility Box It) Rlser Symbol 38' below the ditch grade of 60^ below the top of the pavement surface, whichever Is limalar. It the utility waives damages and fatly ® Proposed 1 rx3trx18' R 13'x24'x16' HlTs ® Existing Wily Pole Indemnifies We department in a form acoaptab la to the department. (with 36W8'x4r Bore Pit) TYPCAL DETAIL ..elr o...r.r. TYPICAL OZTTAIL �rro�.l TYPIGAL DETAIL Tho top of the Libor optic rocility, shall be placed a mWmum of 48" below the ditch grade of 18' below the pavement structure of 60' below the top of the pavement surface. whichever Is greater. the department may oulhonm o minimum depth of cover not less than 36' below the dAM grade of 6W below the lop of the pavement surface. whichaver is greater. If the utility waives damages and fuay Indemnifies the department in a torn acceptable to the department. TYPICAL DETAIL ..a.r TYPICAL OETAIL TYPICAL DETAIL vrw vl u.e tYcr6N oeTsa.s LEGEND Proposed 1.26' HOPE SDR 13.5 Ducts via Hcrizontlm Directional Drilling (� Proposed 12' Square Utility Don PropoSedl7-x3D'AlBr&13-la4-xlfi-HHS (with 36'x48Y48' Bore Pit) Tj2 L RETAIL TYPICAL OETNL — — — — — — — — Proposed Underground Fiber Optic Cable with Tracer & 1.25' HDPE SDR 13.5 Ducts via Horizontal Directions] DrOting {� Riser Symbol ® Exisfirg May Palo C O'i o TYPICAL BURIED CABLE TYPICAL :T'UEED—CARKE— CONSTRUCTIONAPPARENT • • PARALLEL CROSSING RIGHT OF CL 1 ' ' APPROX., 40 1 00 1 1 ' ' 0 BORE PIT 20 RECEIVE PIT •' 1 1 1 w.H�.%�������,\,.'.�\�'�rr�r��i�����G�4vi��i\�,r\err`•�,\w\�����5�^;;;b.\r�n?:.�iT.�\,J,p, �,�/\ t r w S i`ies r t':: .•\\r 1rai�Mjr-T ' ''/'�:'�y�4:'C'/:'/':'%1 '%�f/�/����/i �'���f'��4\ \,\. c.... r r ��%�1h'�/�y'S G �r\/i\/i\/i\/ice/�/�r�i 1 H\ r�/i`�/i`% 4�\/i"i�\\n�\'/�\/'�h�"'�\'��'�G��,//\'/ 4�4\�/\'1'//\�' S-e \.o. . .....o\.r 1 's'��''� ,{.�'�l\'�t�ft'� .� '�.�h 9` r i /i i b`i G`i/ `/ />i`ii /`h �i`4 H� r 4`/r `4 ri`/i /i ♦ ♦ \ n \ � .:1 �' a/\ . \ ♦ \ i � ♦ ' ♦ � \ 7Afj:hA UG DUCT DI UG • DIRECTIONALBY : • 11 BY DIRECTIONAL BORE 11 PLACE 1.25" SDR 13.5DUCTS PLACE SDR13.5 DUCTS AND FIBER OPTICALCABLE AND FIBER OPTICAL / iMINIMUM DEPTH 1 60" MINIMUM DEPTH LEGEND The lop of the fibor optic Wily shall be placed a mWmum of 48' — — below the ditch grade of 18' below the pavement structure of 60' Wow the top of the pavement surface, whichever Is greater. 0re — — — Pmpo3od 1.25' HDPE SDR 13.5 Ducts via Horizonte Directions] Drilling — — — — — — — — Proposed Underground Fiber Optic Cable Tracer & 1.25' HDPE SDR 13.5 Duets via Honzantal Directional Dnting department may authorize a minanum depth of cover not less than t5a Proposed 12' Square Utility Box Riser Symbol 36' below the ditch grade of 60' below the top of the pavement surface, whichever ves Is greater, if the utility waidamages end fully indemnilks the department in a form acceptable to the department. Q Proposed 1 7'rA0'x18' & 13'44'06" HHh (with 36'x48'x48' SM Pit)® Exist ng Utility Pole Tax" E.Iauwatim Saf" System TYPICAL DETAIL STORING CABLE SLACK usollftvx4r TYPICAL DETAIL ..akvsx.a.oro nu.Fina tYAouoery •A lotol. orw.. wus+o+ uv.lo wnno iAPP.onAr LAs.oaAr �a,cE`Y" wf.wo .� svoe rAac r Asws CAW 1"0" yqe cArAa uuo�oarr LAvt.o aAr rAMst�/ LA[ -W F'.r/cuA1 ttCfrrr[ �wlCiaaelM.6 DOUPt EFKW MIMMAC.Yf.! TTCAl O.Tp.F Mr114Mg GALE IUOO � Ut>a�C 4Wa tb wiwgp.lw.0.wv. a fJwAU01.11100xrLLM0l e+aW R MFlW W.W�lW TYPICAL DETAIL TYPICAL DETAIL TYPICAL DETAIL TYPICAL DETAIL TYPICAL DETAIL TYPICAL DETAIL MAARRANDEW"rrORALMALTOWMED TYPICAL CASTS A lWPDI'lARE PMALLATr(W =P0M0N=RMM.PLUAVVATFMM VW%Kl31GM SWUM. nU TONAg PQC. om Emova aw C0RNEROMVWPM00VMMM CAffi8 McMSTRAM1/0.Si11NO FOIE•SFECT OR UM LESST.AMSFUT r ow oft," r MAuae OANTIwV+.. /coacTOU <ou OYt OwRAOv.Y V fHIL MwpO ftwteT. PMOl.00Y+ 1/ 1_ w.1 T.rYetw .wW rl. wW CAr .vtlp.vaA tVAf2MW. /- an efts tau�,� "1 Tom Iae vAnm .f.Rl1l.W TiY11R FAO !OI/.OUT wsuW. uoaW Wwb 4vR W.M O' [Ml1 sr.r pACpW! dLvuLLEM.ottoolKAwee cae.tlwb MrCl.ti .In1�(IDYGYYOMIIr w.aAA �� Wysyp� f11v.�mdi.UN l.+ssM AMUC. A.p �aA aTo.UA➢Iw W ft co.veAtw.. - t O e tc.cP , ..o vna- m�,Aa cprMeW ppWSVlRrwq.Ai.IM�OIU cpp Kp. pAr T aesReLmoM dp.eA.wit�'04�(i1<A! FFAwMmwo LEGEND -- PROPOSED 114PROPOSED 114' EHC EHC STRAND STRAND AND FIBER OPTIC CABLE Proposed Down Guy d Anchor QI Riser Symbol ® Exwfing MAY Pole ® � 1 a(aA F $ 0v0 DQa m In C) j Z1 ,'U = '0 n a II O �i 0 z 0 z 0 0 0 0 E �SmA 0+30 �cxx� ! Z E = 1 ° 0+00 1 J O N W A t71 p C O O O C O V - 1:40 J W A i7 ;m-0 On' n-(qiv a o o i o 0 0 � 0+30 �, t m A t z v 0+26 0+20 'a °ate°F i i y cog 0+05 a x ° 0+00 p 0 V=9:40 C. N;za Oar' Ncm z0 0Or Dn POLE z fn r- m PROPOSED AE TYPICAL DRAWINC ROUTE TASK eb7- TXBRO50 LOCATIGM VINTAGE HILLS OR A OM RELIANCE RO iY e t o n t NOTEMaintain a 5' horizontal clearance and a 2' , ` ; `' Y s • � � # ', '``�` a vertical clearance from all existing underground' utilities not solely BTU. Install all hand holes 36' deep and flush with existing ground Eas on StarYat sting Utllity 666.1 95 329598 . r r„ Easement, �QQ' ...3Yrf.` / fr_ a r, ON > / aZ m s , .UG Duct Ptacem ;'{ Attdched+to'Existng Pops ; s . l ii `` Direatiol all Boa , Fleece (2)"1:25' • 4°• ram,, QP �50 �'5 Ducts_ F�cLstl6ty�Pofe a - \' �x.- , ilCtEljG Fiber OpticCabb at ' Proposad�Riser r x �. •, Stations_ 0*00 3V' R aGS aticn O+UO1j103;RT1►Y.t' �' �` {r'` 20' PtibHc n Uttllty, 30:7047t34J-96`330d94 ` ' ` z'�`' UG Duct Flaceme 4 haself,ru" DSreCtbtla!Bo1el y / l•�'t .� `k:1 �:''t yiUGrFtbel�OP 0 s x_ � - Station's 3+63 ttx 'a`- ���'� t �°°` ��`'`; ��� "� •\'�i"��,'�. Ease - g er Optic Caul <, `° ��• ,. / Proposed �' ;_' `Alen had toEziaq Poles S ^� r `p {µ HH; ±: r' °? �t 10' Publie,U f1g ,!s < , 4;;13'x24"x15� "'at ;Ste riz+63 / 55' RT Eaasi+me�t � , � w,� "� `,�,_3�``��'�-� 30.704273/-96.329179 �` a •' �. �� , a y,� a'� x,�� ;p�. PROFILE C s #30 e .; SEE SHEET 13 APP CHPFT 1d The top of the fiber optic facility shall be placed a minimum of 48' — — — — — Proposed 1.261 HOPE SOR 13.6 Ducts via — — — — — — — — Proposed Underground Fiber Optic Cable with below the dash grado of 18' below Ne pavement eeucturs of 6W Horizonte Directional Ordlfng Tracer d 1.25' HOPE SOR 13.5 Ducts via below fM top of the pavement Surface, whichever Is greater, the Horizontal Obectional DrdGng department may audhorue a wMmum depth of cover not less than ■ Proposed 1 r Square Ubtdy Box (8) Riser $ymbd 36' below the ditch grade of 6W below the top of Ova pavereem surface, wNettever is StoWer. If the uViitywaNe3 damages and My 0 Proposed 1M3Vs18' d 13'44'05' HH's Exist ng Unity Pale Indemiglies the department in a form acceptable to the department. {with 36'x48'x48' Bore Pit) 1 `* 3�y.•r# ;`� It Hsi' r�� � . �A � $ .1' ��. , & �Af \ y fg,' O"V f - y. �\.y.. � •\` `: ��,f � r' ,#k1p ,�� GpCSed�.,.�. �i PlllliC `r f .: t 'Odiky BOx, C v �� Easomo t ' :• Utiti s4 d`' " t ttor 3+„t3 1131* LT O � 11G Duct Pi eittlly • ' Ear —ant „ ' ' �, 3p 70,41( 96,326954 C Diteel on>f"Bore• Plan (2 1.25" ' `w `�' ` ��;- � �� " " Pro""'P"1 r: r atStatton^3+09/32' RT x r �j { 0 703827 ! 96.326978�' �. y�- r z,_y,k. ;. ii T"0.:.1 ,• " \ Ji ; �/A41 /-'V k i \ j%.. i'�' g '� ` J a R REFER TO PROFILE B `, ti j' w ,• lx DRAWING SHEET #3Q ,� �, " `,. \ '1,.: Jv A _.._..,•�_ ,,,..., 91 ' fi } . 4. ' h � ,� {rs. � 20 ubitC x f`Y,h,�,. ,4 �g a ss; UncH '4'' kt i t r �.� e�c...p� RSurma �r►.� rr'Ft.,,�� / � � P,ublio � f -: ' , �' Y 24x Gib z18HH#� R �Easef`iteni '+ProposedSUand at StaLort 8+94'/ 55bRTt $ ` ,'' > cis6ng Poi `.' 0+00144' NOTE: Maintain a 5' horizontal dearance and a 2'7- q R` �,,';� 03262 / 96.32796'2 vertical clearance from all existing underground } , 7t r ti ` , �`:� Proposed (1) 24ct ! utilities not solely BTU. Install all hand holes 36' tiG Otsci Ptaownent by . ai`� \ O� / al F"ber i Aeri deep and flush with existing ground rB� al B'cxe'�' Place {2} 1,25";�� Proposed �, O `� " Optic Cable Attached ` , 71' W HDPE SDR 13.5"`cis"�b`(2 12' Square Ut3aty.Box ` * �` t ,p F{� to F.xisiing Poles ,'UILLI 48Ct G tber t7p c Goleta let at. Station Q+57l44 l.T -` "QYc�: > t>i 'rti f W s Station s f) 84 t013+TS 30703481 / 96.327713e�. ti : +Existing Utdiry U, G•Duct Placement by,;; Pr opose`d Riser Dir ciionel Bots{q, tiEe (2}:125 �; at Station .13+761% 99kLT�4 , HDPE SDR 13.5 Ducts S (1 "'"$^ 30.T026437=96:326519 4, 9n 48c�tJG Ft erOpbe'�Cable at UG Duct Placement REFER TO PROFILE A Stntion'� Q+QO to 19+37 x� �-' DRAWING SHEET I� s ,� Dlrectlonal Bore: piaoe (2)1 25' �, C� HDP.E'SDRi3:5Duas`&(2) S_` '~--,� ; ,\ f `��4j�Y, a 'Easoment ` Z �148 liiLl6iberoptic bi ble- ible `� 6� , a � o � , 77X30;LU x18" HH sh /ti °: w at Sfatwn 73+76 ! 55. RT r p�° 30:7Q2341 / "96 326859 Y 1 N , er ti 's •'e a �'�UGsDUCI'liaCORentby �� � -<� 1 # a; � kt� ��: tir s, 0 x `'�'� Directtoria! Bare:,?lace (2j1 HDPE�SDR i3.5,Ducts;&'(1 b ,� 48ct U' R1berpuc Cabte�al 3 2r.UUUtyO x R„ fit :_.4' Atatitirs 13+76 to 62+56�. _ _ _ Easement x, �: ;. �` ' ""t�iy ` a E SHEET 18 13U)Z Y UA/ZTkjf P VF Team Excavation tECEpJp tiiawowsystem — — — — — — — k Ixc The top of the riber optic fatuity sfu0 be plead a minimurn of 48' — — -- — — Proposed 1.25 HDPE SOR 134 Ducts via — Proposed Underground Fiber Optic Cable with � :� below the ditch grade of 18' below the pavornent structure of 60' tionmrida Directional Drilling Tracer 6 1.25 HOPE SDR 13.5 Ducts via "it �mi below the top of the pavement surface. whichever is greater. the Hortmntal Directional Orming at %hww department may euttarize a mininnrm depth of cover not lose than D Proposed tr Square Utility Box ( Riser Symboi wunv wa 36' below the ditch grade of 60' below Ohe top of the pavetent 21170e it damnifies ch w is gr ant in It the form llityaccwolves adeparhncnl l� Proceed 1rx30•x18' A 13-r24'x15' HH's ODE,dsbng utility PPalo'a'4 10` with 38x4'8N48' Bore Pit) PROFILE - A PROFILE - B PROFILE - C OLD RELIANCE RO��� AUSTINS LANDING Profile Looking NW AUSTINS LANDING g Profile Looking NW Profile Looking SE i 29+50 30+50 34+00 35+00 35+50 557.5�-! !-5T. 13 30+00 31+00 34+50 0" 1, Bed 12- Sanita. % 12" & Dectrical 24• t ��ng t 24' �� Electrical nn 1 24, iitnrerCirtg 36•'. T_ — -' 8' 36 !11!-- ii 48� Y I _ € 48" 60•' t _ Wy f I ___ _'j!t 2•` I r _. 72-L1.�� ._ 6011j 72' �^► — _ — — — �117•X30"X18" ! , 12" S quare 3W4'x15' HH (.� ..__ .� _ _ _ UB _� _._...r ° HH i PROFILE - D AUSTIN'S ESTATES DR Profile Looking SE 15+00 16+00 15+50 16+50 5 12: Electrical trig _.__� 246" { 4-- NOTE: Maintain 2' minimum clearance from other Utilities unless otherwise directed by TXDOT Tans Erneatim LEGEND Siii':y systt The top of the hoer optic facility shall be placed a ndnimam of 41l' — — — — — PtopoSed 1.25• HDPE SDR 13.5 Ducts via — — — — — — — — Proposed underground Fiber Optic Cable below the ditch grade of 19 below the pxmmnt structure of 60- Horizontla Directional Dulling Tracer 61.25' HDPE SDR 135 Ducts via below gre top of the pavement surfam, whichever is greater. the Horizontal Directional Drtiling department may authorize a INNmum depth of cover not less them 13 Proposed 12' Square Utility Box (a) Riser Symbol 38' below the ditch grade of 60 below the top of the pavement surface, vduchever is greater.11 the utility waives damagoa and fully O Proposed 1Tx30'x18' 8 131x24-x15' HH's ® Existing utility Palo l"areniliea the department in a form acceptable to the department. (with 36'x48-x46' Bore Pit) PROFILE - A VINTAGE HILLS DR Profile Looking NW ' 21+00 22+00 21+50 22+50 F 12• ;--- a arical Xing sthnftazy, 24' Sewer Sol- 60" -^` 36"r 4B" '•� - -}--- _ �— 2" Square L —U� PROFILE - D FLORENCE WY Profile Looking NE i 1+00 2+00 1+50 2+50 Road Bed 0" -ir S t 24" `""-" &ctri 1 Xing'" , I 36" _ - ..t..--....-...III _ f I 72' E — 24x36'XIF HH— - NOTE: Maintain Z minimum clearance from other Utilities unless otherwise directed by TXDOT PROFILE B g VINTAGE HILLS DR Profile Looking NW i ! , i 0+00 1+00 t 0+50 1+50 0' Road Bed 12• Sanitary i 24• � �r x�ng 36" 48" E- 60" 72 12 Square UB PROFILE - E POSITANO LOOP Profile Looking N i 5+00 6+00 5+50 d 0" 12' 24' 36" ? 48" 60" 72' UB 6+50 HH 7+00 PROFILE - C /" OLD RELIANCE RE) Profile Looking SW 7"3+00 4+00 3+50 4+50 12" Sanitary - 24- -Sewer Xing ' ? 48" ♦ �.� 60" __ ! 72•E..�--..- 13"k24 x15" HH PROFILE F I� POSITANO LOOP Prorde Looking NW 0" 12" R 24" 36" ,! 48• 60" t 72- i T l � LEC safty sa The top of the fiber *POO rac6lty shill be placed a minlmum of 4f1- — — — — — Proposed 1.25' HDPE SDR 13.5 Duds via — — — — — — — — Proposed Underground Fiber Optic Cable below the ditch grade of 18' below the Povemenl sUudure of 60' Horizonda Directional Drai ng Tracer 61.25' HOPE SDR 13.5 Duds via s below the top of the pavement surfaces. whichever is groaW. the HodzontW Directional DrUng departmeru may W Ahortw a minimum depth or rover rwt less than Proposed 12- Square Utility Box 0 Rise+ Symbol 36' below the ditch grade of 60- below the top of the Pavement surface. whichever is grsaler. If the utility wairos damages and fully ja Proposed lrx30-x18' S 13-x24-xt 6- HH's ® Existing Utility Palo indemntfias the depadmerd h a form acceptable to the department. (with 36'x48-x48- Bore Pit) •• •9uLK(�z '�er�ei 'Ti�GK/4(CAt, 5t?EL7F')G",+�T�ANS: L ..- AIjtK,Sst�Dst, • ��ECtl�t11:AL Sl�'"G,`�Cl�lP�FltINS i • . PECIFICATIONS BODY SPECIFICATIONS ,+title ... �A�4• • J\r f r,. r• 1 : r •ice r. � M1. V � � 1;♦ Asti X ill; BALK►��► �► „►� All �1 BULK {►.�;,rr �- ADDITIONALdu BODY DEPTHSr ADDITIONAL BODY DEPTHS ��>ruw.r► �11>�Itlr► •��rrsr► i r���BULK • ,,� ,`��� BULK C� x� tit A'hh" t' t 1rtAN ill 1.2, r►. •wpmuuh CHA,NNE-1-L he+ t wl•w4• �h.••G.1 `+ hA� Ar 1etA w.1•!-t Ater Kn•L •=•+ L`•ItO�rwW� (p•tY.t.p lord#; •Zt.i1C IA�I AI'II�A pJ�]lA*IA, hItL Yp(WhCk •• t r 1. .. .l � •t � rAt. • A. ,.�. ... Apr. N•h+• L.,.y t .rsr . n..11urwrL ra•n •.nw t M1I•wTli � 4.• TAMSCutav00M — LIE-CL3D sah" S"tM The top of the fiber optic facility than to plaood a minimum of 48' — — — — — Proposed 1.25' HDPE SOR 13.5 Ducts via — — — — — — — — Proposed Underground Fiber Optic Carte With below the ditch gentle of 18' below"pavement structure of 60" Hodzonda Directional Drilling Tracer 8 1.25' HDPE SOR 13.6 Duets via ,• below the top of the pavement alliface, whkhever is greater. the Homontal Directional Drilling department may authorize a minimum depth of cover not less than ■ Proposed 1T Spuaro Utility Boa Riser Symbol 3G below the ditch grade of 60' below the top of Iha pavement surface. Whichever Is greater. if the utility waives damages and fully p Proposed 1TxWx18' d 13'44'xt S' HH•e ® Ming Utility Pole indemnities to dopaAmanl in a form oocaptable to the department. (with 36-01I c48' Bore Pit) 6YjL1C, 4` Sttces TEGNh1lCQ1. SP&L'►FIG�I �f17N5 BODY SPECIFICATIONS v .t . ' IS Ur Pk vultit Q* 137 ADDITIONAL BODY DEPTHS �t�lh .��t►ri+s�� i BUi.K �:vrlrv^�� i� i Itltia®I ll�n�ll If4 r�lll illwe�ln �,.1:�. �� •ir•V, a�J■ ■��, "_:.�lt Ali.:. — •�.■ !t lilts ■� Alt!■ , !�� �� t �■ ■ ■ C}tAMNE;'LI 4Y a.."; _...� `�..Rna IMrX. .pr tire.-�J wi• +Jfauw . �uK r.r aa:t1• ..a �..J a Ian nh ' A n�� i1.l+fwrttrr!. Teti Eynrad" S The tar of the fiber opUo fooltity stall be placod a rtlirdm rn of 48' below the ditch grade of 161 below the pavement structum of 60` below the top of the pavement surface. whkt wv.r Is groator. the department may authortzo a m4*num depth of cover not lass than 36` below tiro ditch grade of 60' below the top of the pavement surface. whtclavor is greater. It the uWlty waives damages and fully Indemnifies the departmW to a forth acceptable to tlm department. LEMM Proposed 1.26' KDPE SOR 13.5 Ducts via Mortzonda Directional Drift ■ Proposed 12` Square Utility Box 0 Pmposed17"x30'xl8'813*jQ4'xlS`HMs (with 36'x48'x4W Bore Pit) _ _ _ — _ _ _ _ Proposed Underground Fibor Optic Cabo Tracer t11,2S' MDPE SDR 13.5 Ducts via Hotizontm Directional Drilling uID Riser symbol ® Erdsttng utility Pale SIMPLE AND WORRY FREE PROTECTION DIMENSIONS dto CHANNELL Wbm ne Wm) Co.= e�cF.m .-,Aun CWla CamnW Cowan A.Ms, Meokd$We7. 1d0=QA I%$- V&951Z%23U LuLm ou—fl rAoWA Vt uh"^M ON. C—U 6 171905565,1700 -I'm 905 BM WI IWOL.ttu The lop ofthe fboroptic facEtyshall beplaced awdnimuMof4ir below Me ditch grade of I r below the pavement structure of 60r below Me top of the pavement surface, whichever Is greater. the department may cuthafte a minketim depth of cover not less thaa 36* below the ditch grads of 60'bolow the top of the Pavement surface. whichever Is greater. If Me utility waives damages and fully Indemnities the depw"er%t in a farm acoepMbie to the department. mm.clutaftell.con LE<ED Proposed 125'HDPE SOR 13.S Duct& via Honzontla Directional Drilling IN Proposed IrSquare Utility Box Proposed 1rk30'x18-613'x24-x15'HW& (with 36'x48*x48l Sore Pip 4PNO — — — — — — — — Proposed Urtdoirgrourttl Fiber Optic Cabla Tmoer & 1.26'HDPE SOR 13.5 Duds via Hanzontai ovectK" D" (B) Pdsor Symbol e Existin Ulafty Pole a �i1 � aNN�iet 11 � 1 i • a as s�� A t _r 1 ans.wporo 1� w-�C Rlf M OIIttM f lei 1 • • •Nft� IN.••kflNir • • N fflta at• I _�� INlrfNl MrwfM.q. 1 • t Chi 1 awe I N t L Jaw Iwew f • 01 1 � i I 1 I Nth- i n• 1 I Q 1,°al�w'nw UT» ftw erf. f]A 010 I I I 1 TCP i2-1al WORK SPACE NEAR SHOULDER Canventionol Roads r• V 1 ISM t i it EllD .-^77 pW I.M. II fQfl .� I a"�tah 21A or rtaNm /•A 1 6kts ! I - w 1 I t u .39 �.., usml..j •NNf •w111 t�nn tr• t Rrlwrtl Ir•y letr r•NNN QQrnsaARM f hrf®lv is lllNaot Sim fao111 •� lIDI tfwttt f NN "`"' T lt:.a >�sl�tr3>�r�l�v >OQMja:�Jm IE)t E1>r EIR[7urria MMff U-2 i Si"w" MrA ME IE"•i# M»1a" T-AM12Ml1OMM I o des MN all ffri wf - w•�iornhr Y it "NO 1 H IfNr t1>QR• tflw O.n ftat•Nr Nr1. c2=11 i i�tfw':!1 a1 fwrliT MitlN N •ffiia" 11~111 tNanlwo t�f7Lw•t tlwlt NwftN►In In .;'tf�aNlt�iw 1�SIM 1 no al FI r ►Isms I ZI L nllp r ww h d/n 6e •rq 4n W I TIMflN RMtr wdrt /ItwfrWW raj aMIr_ N� Trw etNlr sal •r n,Inlf ryrr � >. sdrrr.., Mt/M N rm 54M of fir I,IIM =7MLMfO lilt, bl ftwowd by f LMldwltttralrldacnerWowtWttwN►3$fat cm IIy tasr . • i N. >rlf eh •1e r flt Nl•• f»Ntiq rtfefara. I ink% ' ut111•t, � ltrsN 111111. • saw imi" Nit& • In Mwa me I ItM • low of Nn if tatlltrr M r M rat toe" N ` t ve wN N 0" •a n -IfwA 4"womef Na a IT, no wona o. it •AtI1� M re M% It into l trt a low /ITiiA ' It! ttr • ••'� mllgnl C 1 • rwun tb tnMg tNim, ff r1mes M MAIM bow 7 6Nf1rr• r sew fw"old11 awlwf Nq r = I fiYgir" Ir IN !lp• /181fY N Mi1L 0. Agals"I 040 ftrlan Nlf bum r pllfkwNf wN outs i arew., Iwf of 1M MI" M wtw' to V~ • 4w wrt cw& 1 f: We 19W1 fir 0"&r � a tlfiwt MgpgR •o�VlN Mrs fi • �•� l �= I L lWhe cM Trtun r war Nritrr erlet r lvfet Mw tw 11Za f n"VI- 1rIW•ItWrlrAra.arcXM6r. w 0. 011•f '1 40p Vaal• Nlp nr M r1 L N1Nr d fall -to 1 •41D tact t at taal• d•r tr taro w a ewswgNsl ffaF4a WW ■ fr Cfltwlseln r rfMalsq t••yMl bN►., pNltit *NF 6 ? nao w.i.r natnNsfu it r+ewt NMitf�N font Tft trllnf ttIQLL JIM far I M • fr1/1N•wt, ,lW am Trrdt i.f t 4" *� _ Y 4 �• wrs111a pals 1 If Cf•t 1 ��� T tflt•f1•N" ' 211M. TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK Rrl trrAcE •rIIl _ Rs: MIT i4TiBltT► fItT�Rt 1•Ktt,6Ei TCP (2-1D) TCP i2-Tc) TCPi2-11-I2 WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER a.ew�r.,l �• a �.. Co wentlawl Roads Camlettionol Rooda �I ra �° '• �.' PARTMENT. OF COURT MEETING: CAL IMPACT: UDGETED: AMOUNT: BRAZOS COUNTY BRYAN, TEXAS NUMBER: 1 /9/2024 Approval of FY20241st Quarter contributions to the Brazos County Health District in the amount of $119,507.25. Commissioners Court 01/02/2024 False False $0.00 - le Name_ Description 41_.ue _2024 Heafth_District Contribution Invoice.pdf Invoice Backup Material 010924 Journal Entryfor Health —District Contribution.pdf Journal Entry Backup Material RO Duane Peters Date County Judge S SSE OrT ,, F* OL V� f Jy T'Y'UF'gF Brazos County Attn: Brian Pratt 200 S. Texas Ave., Ste 218 Bryan, Texas 77803 INVOICE DATE: 10/17/2023 INVOICE NUMBER: BC0001-24 DESCRIPTION: Brazos County Health District INVOICE Mail Remittance to: Brazos County Treasurer 200 So. Texas Ave., Suite 240 Bryan, Texas 77803 Brazos County's annual contribution, for fiscal year 2023-2024, in accordance with the Brazos County Public Health District Cooperative Agreement. AMOUNT DUE: $478,029.00 (payable in 12 equal installments or at the District Member's election, quarterly) Please make check(s) payable to: Brazos County Health District The Brazos County Health District operates under the umbrella ofBrazos County Board of dedicated to providing quality preventative, educational and professional health serviees. is improve the health of the entire community. 1/2/24, 2:32 PM Manage Journals - Journals - Oracle Fusion Cloud Applications Edit Journal O Journal Batch: Journal Batch CC 010924 Description Expense 1st Quarter FY 24 County Contribution to Health District Balance Type Actual * Accounting Period Dec-23 Attachments FY 2024 Health District Contri + X Journal Q 1 Show More Journal CC 010924 Description Expense 1st Quarter FY 24 County Contribution to Health District * Ledger Brazos County Primary Ledger * Accounting Date 12/31/2023 * Category Manual Journal Lines O Source AutoCopy Approval Status Required Funds Status Not attempted Batch Status Unposted Completion Status Incomplete Currency USD US Dollar Conversion Date 12/31/2023 Conversion Rate Type User Conversion Rate 1 Inverse Conversion Rate 1 Entered (USD) Line! * Account i Account Description ; - - -- -- - - Description Debit I Credit i 1 91000-00000000-11005200-00000-0000-000000 Health - County Health District -No Value -Depository Bank Account -No Value -No Value -No Value 119,507.25 Expense 1st Quarter FY 24 County Contribution to Health I 2 91000-0000000043041200-00000-0000-000000 Health - County Health District -No Value -Participation - Brazos County -No Value -No Value=No Value 3 01000-11002000-73510000-00000-0000-000000 General Fund -Community Support -Health Division -County Support -No Value -No Value -No Value 14 01000-00000000-11005200-00000-0000-000000 General Fund -No Value -Depository Bank Account -No Value -No Value -No Value i Total 119,507.25 Expense 1st Quarter FY 24 County Contribution to Health I 119,507.25 Expense 1st Quarter FY 24 County Contribution to Health I 119,507.25 Expense 1st Quarter FY 24 County Contribution to Health I 239,014.50 239,014.50 https://ekzl.fa.us2.oraclecloud.com/fscmUl/faces/FndOverview?_adf.ctrl-state=18clri6tvx 5&pageParams=fndGlobalItemNodeld%3DitemNode_general_accountingJournals%3B&fndGlobalItemNodeId... 1/1 Kristeen Roe, CTA, PCC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan iX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 01/09/2024 REQUESTOR A&M FORENSICS AND ENGINEERING ADDRESS 2425 EARL RUDDER FWY S COLLEGE STATION TX 77845 OWNER NAME EDENBACH LP PROP ID# 306938 REFUND AMOUNT $349.72 REQUESTOR JACQUELYN & JASON ROOT ADDRESS 5927 ELDORA DR COLLEGE STATION TX 77845 OWNER NAME ROOT JAC UELYN & JASON PROP ID# 440838 REFUND AMOUNT 2035.00 REQUESTOR CARLJOSEPH KRAUSE ADDRESS 2704 CAVITT BRYAN TX 77802 OWNER NAME CARL JOSEPH KRAUSE PROP ID# 31178 REFUND AMOUNT $ 12.97 REQUESTOR OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR, ADDRESS ' OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR, ADDRESS OWNER NAME PROP ID# REFUND AMOUNT APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS EDENBACH LP ATTN: SCOTT EIDSON 2429 EARL RUDDER FWY S STE 100 COLLEGE STATION TX 77845-6089 PROPERTY DESCRIPTION Legal: CHAMPION CREEK CONDOS, BLDG 3 Address: 2425 EARL RUDDER -FREEWAY S , Account # 906938 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayer's reason for refund: OP -Overpayment REFUND TO: A&M FORENSICS AND ENGINEERING INC % ODLE KATHY 2425 EARL RUDDER FWY S COLLEGE STATION TX 77845 Collecting Tax for: (taxing entities) , Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid 11/18/2022 $17814.66 Refund Amount Requested $349.72 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct." 461 /J/K-4f� 12 127&-f� Signat�ire a a Phone 3 Email Addreag If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION The n. [ Approved [ ]Disapproved Authorized cerSignature Date 11,9la.C+ Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 12/07/2022 12:42PM t4 DUPLICATE KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BR N. TX 77802 3188126 11/1812off Over/Refund PAID BY:. A&M FORENSICS AND ENGINEERING INC JPX ODLE KATHY 2425 EARL RUDDER FWY S 'COLLEGE STATION, TX 77845 `1p:-71' —" , ss :E, !�AAfos F1 EJ0Ilq ProP�* , V. — . — 30606190010-0003-0000 b.0000 I EDENBACH LP ATTN: SCOTT EIDSON .1 CHAMPION CREEK CONDOS, BLDG 3 2429 EARL RUDDER FWY S TE 100 X -RUDDER COLLEGE STATION, TX 77845 -6089 2425 EARL FREEWAYS , CHAMPION CREEK - 2425 Entity::'SrkqEnAt.j 99di fREFONAN�Tfrr'Y' 2022 0.00000 0 145542 N 349.72 0.00 0.00 0.00 0.00 349.72 BRAZO§ COUNTY 2022 0.42941 819,133 39643 N 3,517AS 0.00 0.00 0.00 0.00 3,517.45 CITY OF COLL STAT. � 2022 0.52461 819,133 .39543 N 4,297.28 0.00 0.00 0.00 0.00 4,297.28 COLLEGE STATION ISD 2022 1.17810 819.133 39643 N 9,650.21 0.00 0.00 0.00 0.00 9,650.21 17,814.66 Balance Due As Of 1111812022: .349.72 R. El, A;!n. Check REPOST CHECK#5313 17814.66 17814.66 T V 9T, LE". ahines 1 43685 (Correction Batch A&M Forensics Inc l 2072022) 17,814.66. Page: 11 Receipt Issued In Accordance with Section 311.075 of the Texas Property Tax Code TMA02MAMl- APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS ROOT JACQU E LYN &JASON 5927 ELDORA DR COLLEGE STATION TX 7784S-7008 PROPERTY DESCRIPTION Legal: SOUTHERN POINTE SEC 101, BLOCK 14, LOT 14 Address: 5927 ELDORA DR , Account# 440838 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2023 Taxpayer's reason for refund: PAYMENT IN ERROR REFUND TO: ROOT JACQUELYN & JASON 5927 ELDORA DR COLLEGE STATION TX 77845-7008 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 11/27/2023 $2035.00 $2035.00 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above -described taxes and certify that the information on this form is.true and correct." 0W'C1'Mkw" la (131a� Sign t e Date uni) `lS��bS� ofS1naQMo k.QLo�tfna� l CaM Phone # Email Address If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION Th tax refu is �Approv, [ ] Disapproved 00 1a IaLp Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date 12129/2023 03:10PM KRISTtEN ROE, CTA PH# (979) 775-9930 BRAZbS COUNTY TAX ASSESSOR COLLECTOR 4161 COUNTY PARK CT 13RYAN, TX 77802 PAID BY: ROOT JACQUELYN Receip! Number' 3280098 Datil?bsted -' " 11/27/2023 P"'nt Type , .. . - P P.aVKQi(Cdde ='-wt; F611 TOU(P,ald $2,034.88 I . eq_AI Acres L , -I Owner Naive nk.Aq4( ss, 440838 579510-1114-0140 :0.0000 ROOT JACQUELYN & JASON 59V EORA DR COLLEGE STATION, TX 77845-7008 SOUTHERN POINTS _Si_E6_1_0___Lega[.D9s 1, BLOCK 14, LOT 14 —7 DBA Name 8927 ELDORA 101i" i-Entity Year —Rate—.:?ix—aGle.Va—lu—eptmtmentsP&V Att0i 0 verageMo'u'kod' EMG SVCS DIST #1 2023 0.02071 361,332 112849 N 37.42 0.00 0.00 0.00 0.00 37.42 13RAZOS COUNTY 2023 OA0970 361,332 112849 N 740.19 0.00 0.00 0.00 0.00 740.19 COLLEGE STATION ISD 2023 0.98220 261,332 112849 N 1,257.27 0.00 0.00 0.00 0.00 1.267.27 2,034.88 Balance Due As Of 1112712023: 2034.86 DF6&rIptjqn -Amount, Check ECK 2034.88 203UB Operator _Batch tMoore 48659 (PMT Internet EC 11282023) 2.034-88 Page: 1 1 Receipt issued In Accordance with Section 31.075 of the Texas Property Tax Code T-Ae-15.0- DUPLICATE ii 12/29/2023 03:10PM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: mope 44083 SOUTHE Situs JACQUELYN 1 .ReceipYNumber 3280099 Date Posted ; 11/27/2023 Payment Type P Payment Code Partial ••• Total Paid _ lD, Ades —'Owner Name an_d A_ddre_ss -�— — 579510-1114-0140—0.0000 —ROOT JACQUELYN & JASON 5927 ELDORA OR D_e_scription� COLLEGE STATION, TX 77845-7008 4 POINT_E SEC 101, BLOCK 14, LOT 14 . — - -- — ---- - -- ---DBA Name - ------ - . �--- — -- --- -- IORA DR , Entity Year_ Rate Value—_ _ Stmt_# Void' rigin ^_Oal Tax _ _D_is_c_nts _ - _P_&l Att Pees J0.00 _Overage Ariiount Pd: EMG SVCS DIST#t 2023 _ 0.02071 _T_axa_ble 361,332 112849 N 0.00 0.00 0.00— 0.00 0.00 0.00 0.00 0.00 0.04 BRAZOS COUNTY 2023 0.40970 361,332 112849 N 0.04 0.00 COLLEGE ISD STATION 2023 0.96220 261,332 112849 N 0.08 0.00 D.00 0.00 0.00 0.08 0.1122 Balance Due As Of 1112712023: 2014.73 Tender Details w___ _ ' . IJescription �� _ , Amount Check _— ECK — - — -- - _ — 0.12 0.12 I —Payment code of'Partial' indicates this transaction is considered a partial payment Please contact the Tax Office for balance due information. � - — -__.....__�. --- -- --------------- — •---- ----- ---•--R•— •---- .�-------- -- -:Total Paid' Operator_ Batch - - _ — - - _ _ .. _.- ----- - - • ---- - tmoore 48659'(0D Internet EC 11282023) Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS KRAUSE CARLJOSEPH 2471 LAKEWOOD DR BRYAN TX 77807-5485 PROPERTY DESCRIPTION Legal: LAKEWOOD ESTATES, BLOCK 2, LOT 11 Address: 6377 RUBY CIR , Account # 31178 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year ffRef kid —Payment Date ' " Amount Paid ' — Refund Amount Reijuested ' - ZREFUND 2022 04/30/2023 $80.49 $12.97 Taxpayer's reason for refund: OP -Overpayment REFUND TO: KRAUSE CARL JOSEPH 2704 CAVITT BRYAN TX 77802 Sign below and return form to the Brazos County Tax Office. "I hereb ,;a pply for the refund of the above -described taxes and certify that the information on this form is true and correct" __f /. 6/Za z3 gignature Date Cl I D4 `lg Phone # Email Address If you make a false statement,on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Teaas Penal Code Section 37.10. TAX REFUND 0SEERMINATION taxr d is \o(Appr d [ .]Disapproved Authorized Officer Signature Date I I q la L4- Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date 05/02/2023 08:07AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 RAUSE CARL JOSEPH 471 LAKEWOOD DR RYAN, TX 77807-5485 ..Receipt Number 3260488 Date Posted 04/3�/2029 Payment Type P Payment Code _ Over/Refund Total Paid Property ID Geo _ _ - Legal AcreS ' ' _ Owner Name a_nd Address' 31178 ;381000-0002-0110 0.0000 _. KRAUSE CARE JOSEPR Legal Description 2471 LAKEWOOD DR Le g _ BRYAN,.TX Z7807-5485 VEWOOD ESTATES, BLOCK2, LOT 11 Situs DSA Name �.. - - - 6377 RUBY CIR , Entity Year Rate Tax_ able Value Stmt # Void _ Original Tax Discnts _ P&I Att Fees ._.O_verage Amount Pd V Z REFUND _ ENTITY 2022 0.00000 0 146384 N 12.97 0.0o 0.00 0.00 0.00 1297 EM1G SVCS DIST #4 2022 0.05504 8,315 72208 N 2'29 0.00 0.00 0.00 0.00 2.29 BRAZOS COUNTY 2022 0.42941 8.315 72208 N 17.85 0.00 0.00 0.00 0.00 • 17.85 BRYAN ISD 2022 1,13160 11,315 72208 N 47.38 0.00 0.00 . 0.00 0.00 47.38 80.49 Balance Due As Of 0413012023: -12.97 tender Detalls Description .Amount. Check 1302 _ 80A9 80A9 Operator_. Batch tmoore 45954 (05/02/2023TM) - Special Condition Exists for this Property Page:1 I Receipt Issued in Accordance with Section 31.076 of the Texas Property Tax Code Total Paid 80.49. huaAWmnfion,lrc. pplication:for Tax Refund.. :..':' .' Overpayments or Erroneous. aymen s :`..... BRA,ZOS:`000NTYOFFICE :: '• ' :' '' .. ::.' ...:.,9:7.9-775-9930 -:- TAX . Colteetion Office Name :. one (area code and ntmr6er) :. , Ph -- ,4151 COUNTY PARK.CT, BRYAN,°TX 77802 . "Addrd�Ctty;Stat�2lPcode .:.: :Brazos Co, City of Bryan; City of College -Stat, Bryan ISD; College Stat ISD, Emq Svs#1,2,3,4, City of Kurten;'Navasota.I8D .... :".{oUecttngTax F9r fWggunits) : ". •...: `.::..;...: ' . = GEPI6RAL INFORMATION This application is for use.in ieguesting a tax refund pursuant to Tax Code Section 31.11 and Comptroller Rule gio3g. To applyr a tax refund, taxpayer orTepresentatrve.must compiete Sections l tfirough.5: of this:application:The refund chedewiill be riiade.payabie to the.taxpayerend mailed to. a taxpayer address provided below :. . . FILING 1NSTRUCrlONS 7tifs.document and all supporting documentation must be filed with the tax collector of the taxing unit'for which you.are requesting a refund- Do not file - . ;this d i cument with theTexas tomptioller of public Accounts. A dtrnctory with contact infarrnatian for county tax'ofiices may be found on the Corriptroilees website.' .... SECTION I:Taxpciyer • /t%/ Name•bfTaxpayer /fly : 3 Primary Phone Number larea uideand numbed Email Address' •- n�aiutiyaddr@ss,aty,state;ZiPegdg''.:E'.'•' :.r"' .. .. . .. SECTION Provide the information, below if a agent has been appointed underTax Code Section 1.1 i t to represent the taxpayer for tax matters.•Attach a completed and, signed Form .' 'S1F163;Appointrrient ofAgentkr froperryTaxMatters, if the form has'.not been flied wittiahe appraisal district. lndhd8ual taxpayers handling tax matters on their own behalf skip _`' .to section 3. :. ; :'Name of AuthoAmd Reiiwu4ta6ii; : ' ., Title.of Authodied Representative ' !i'... .... .. .. . � �•.s:.:EinailAddress'...: '� ..-. •::� : �, ': • .:•..:. . ,. :... ,:Arima PAoneN6mber?areatodeandnumtrerl..�::... - •'`:.:'•. ,.,. .. .. ... •. •. .. AAailingAddnsss,:Gty,State,77PCade. :: .. . . SECTION 3: Prop--rtv information 6c•9 / LS q� ::: "..:'. APPiaisal District Account Number = . :.: ::... a :. .. . .. .. T R 90. 7 fo ation Addrest, City State, 21 code egilDescription{orottacfi pyo/the tdatbilla►tax>erelpt) :. ....... C :: .. :. ' .. � - i1Y1?n: r,ci':;i;. � . t �S"i'4. �-nxM.... tr. i.,.., a.� ;........,... enyx:7:•:y3vCcs ,C'tt::±:12:': ��:r r.-..-av:• a; . . esv>P•.v..^�:.�5i:L 4r; i'�;i:•.:u'..::_i.°{. k:.•..; - Fonn developedby;TexastomptrbllerofPublicAccounts,Pro`pettyTazAssistanceDNislon Foradditionaiwples,visit:comptitbllerte%as.gOV/taxes/prop&W-tax G•r ' ;.p,-.. {y,..sal�r sta ti ;:;;., •, s' :.• l; .�r.:r:.•..a +t •.r �! i v o fo"Taitlie 'etits;orErrol)eousPayments•, 3 p $_11,11 SECTION 4:Tax Payment Inforn)ation :. Complete:the tax payment infoimation requested below.for.each taxing pnit•from which refund is requested, A separate documentcontainingtha same Infomtation may be • . :.'.:. attached for additional taxing units; if necessary: :.: MdUk Of Amount of T.i,.( Refund - Na nt T..'ZREFUND . ... • :... s . - :.. :s': i ... .. Taxpayer's Reason for Refund (attcth supporting documentoHon) : " • .. is ........ .......... ...... SECTION I hereby apply for the refund'of the atiove.desctilied-taxes ind-certi"at the infortiiation fhave gtven on this foim is true and correct ::. : print .:° • :. :::.. : •.: ` .. :.. ... :sign`WT" �' : � - . '. °...'• .: • • - :• • • ... .. �rt�• � g �— :... ...................':ram.......:..... .:�:� Date If you make a false statement on'this application, you could be foundlu,-iltg of a Class A misdemeariorora'state jail felony underTe'xas Penal Cade, §3710. - i€the collector does not respond to this appl(cation on orbefore the 90th day after the date the applicattori form tsfiled`witfti the colieitor; 3hisapplicatton lspresumed to:hav-e been denied. taxpayer iriayfile salt against the taxing unit in the distnct'court to compel payment of the refund if It is flied.not-later than the 60th date afterthe cogectoi - ::..: denies the app. q. on.:': .. : . :. :'See .Government Code Section 552137 regarding confidentiality of email iddiesse's. :.... FOR COLLECTOR USE ONLY . :..:.::.:::.:: ' ::=...........:::: : '.:='.:::': :::.:::.:' ;; '::.....::::::'::::.:::'. SECTION C. :,.:..., Thi3'taii'refund is :Arpproved Disapproved ' . ... .......... . �. . . .......... .:........ . tea. .... C ... .. !gn .O ... :'i tNameand - , :::. .... .here ....: :.< •' • .. .. ... ........ :.•:.� : Auth :. �:: ••::.; .. - - .:'Date ..•:.•.: .. ' :...i'•.:':Pdnt Narhe indUk' •' . • ... - :here .. .51 •;; :? :Coliedor(s)ofTmdnyUNt(i)forRefundAppllcatlonst)ver.piuert-amouritfoiwhich.;': Date? .. ..:,::'-'•:. > 9avemto9 bodYapProval is n:qurred 6d(Ahi odeSe'cion .-Foradditionalco .les;visit.com ,trollertexas• •dvltates% `rb'e =tax Page2 . '. � P P �9 P.Pm► TAX RECEIPT 12/19/202312:20PM KRISTEEN ROE, &A PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR. COLLECTOR "^s 4161(COUNTY PARK:CT ' 29 69 3 2 BRYAN, TX 77802. _ ':'YBt mrm PAID BY:. :. MURRAY ANITA 2909 ALBA COURT BRYAN, TX 77808-8110 . ' aY •I• "'rkwr ;•Np. '°.e+.f 'iii. '�4aa"SiF fi'�> «'^'�:+y4-•9�'Sti ;"'�'?`E��t°`a�{'�'��. X�a �•.tca-^r�ae y,.r,.�.1�' �y>-i,-�^-c•' s v� �y;�cr. �s-r rr�.-'�as,'.Y' a tfri'i��?.':t6��'.:�.e���'�i'-� 346736 118500-1101 0130 0 0000 MURRAY AIVITA ? :1c sew ? 'r `� •" r"« "��. g 1�esCfi �pu "� h r' ��:r' .�BA . COURT BRY N2909 1, TX 77808.811.0 . ... • AUSTINiS COLONY PH 11A, BLOCK 1 LOT 13 � u r L �"+.i^� '.'�x� +d`'4•'i!`.'�r red �'y�., av %.i! Yp •.i`n{l3+ 5��.� . �Y+i ^S't_ 'w�v.rtf+'rSS� � �ic �.• �.A��•i� ^.�%��Lf..T. �.sd'q�(ti �.•s" - .. ' �� i � "-. "F ll� Y. .s li 2909 ALBA CT. , �; ":�..:0--, n• '' 9,11a. 1 � °o- .. . ,,;. .c-•��j NIX' ..r.: „t �:sy •. � ...;ka .r' ...+y+^a- • w '++.• , '>5.ei., +.'x�, WART �+gem Entity TaXab4lsYYal�et# cd�y�0!g�llaliTaC�fssnta�aF$������ ��r��•.`�1- ,: , y rC r?r� .3 -. BRAZOS COUNTY 2022 0.42941 202,163 ' . 91565 N 286'90 0.00 32.98 47.97 • . = 0.00.. ' 367.83 CITY.OF BRYAN 2622 0.62400 262,163 .91665 N. 491.39 0.00 55.69 82.08 OAO '829.14 BRYAN ISO ' ' '. •2022 1.13980 227,163 ...91565 N • ' 819.18. 0.00 97.57 .137.51 0.00 . 1,054.28 . . ::•.., :.2,951.23 Balance Due AS Of 12/19/2023: 3297.38. -. - ps',�c.�r'�-.ram-r��,�, ('c�:r7.e r {�.(vS T8/1dYl.LKa.;%�. ill[* YQi[711�.�.tK �t'.ai:b•13• ti�+%r I�CY�[$Ci�i'.'� �u�.vx.^Z Y'er�*�1•ypry��ul,t.. . z �i n..�iaR...:.. rr.• ;.... Check .. • 117Q .2051.23 2051.23 . y fir•.. p..,•.�.,. .eY.R C i x^c! byt r <C �5'h' C�M> a " ram..*a r�1•-`r'I s`'. L`i.4`a .v. x 041 tOl �Ratc��} F �?s3� y r y;�F :�tai'Paid 'iC�iN.�%t{%rairi3 LvYb..n.v, C .•rS�aLr+d"..w r9 t� r a3 fv�wY�PS3tYvSL i£�{ shards 49036 (SH_12192023) s3FM Mit t v 2,051.23 Page:1 Receipt Issued In Mcoidanoe with Section 31.075 of the Texas Property Tax Code re.au o-e Property ID TaXYear "•"....: Owner Name . :. ": Address 346736 2022 MURRAYANITA :- . . 2909 ALBA COURT -prapepRY7YPe.". :.. 'BRYAN.TX77808-8110 Real •Tau Information OrlginalTaxAmount ;: :.:.: ': I : " $4,288.06 ;• Taxes Paid :. Penalty/Intenesf ' 2,690 60 $186.22 Fees L••'. :. ': .;' , .:.":... ;. :... ..$267S5 .. Total Due Prop' ityInkimation':` Ceographk iD 118500-1101-0130 Legal (Description AUSTIN'S COLONY.PH 11A, BLOCK 1, LOT 13 -. Property Lmatibn 2909 ALBA CT Assessed Value " Payment lnfarination $277163 Pay imstatus Unpaid Last Payment Date 07126/2003 NetTaxesPald " :..:: $2,690. 6 Total Due $2.051.23 . . A • � ��+ �� bra . W ���FZZZ�Zp1� o 0 ,a X QNL�] e )EPARTM NT: Budget Office )ATE OF COURT MEETING: TEM: -O: :ROM: )ATE: =1SCAL IMPACT: 3UDGETED: )OLLAR AMOUNT: kCTION REQUESTED OR kLTERNATIVES: BRAZOS COUNTY BRYANJEXAS NUMBER: 1 /9/2024 • FY 22/23 Budget Amendments 58.01 • FY 23/24 Budget Amendments 14.01 - 14.08 Commissioners Court Nina Payne 01 /04/2024 False False $0.00 Request approval. Al TACFiMCN15: File Name Description 58 Coversheet.pdf FY 23 Budget Amendments 58 Coversheet 58.01.pdf FY 23 Budget Amendments 58.01 14 Coversheet.pdf FY 24 Budget Amendments 14 Coversheet i 14.01 - 14.08.pdf FY 24 Budget Amendments 14.01 - 14.08 Type Cover Memo Backup Material Cover Memo Budget Amendment BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2022-2023 BUDGET YEAR NO.22/23 58.01 On this the 91' day of January 2024 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 91 day of January 2024 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(§) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 91' day of January 2024. 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 - 58.01 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Sheriffs Office - Jail Non Capital Repairs and Maintenance Expenditure 80,984.44 General Fund Expenditure 80,984.44 General Permanent Improvement Fund Revenue 80,984.44 General Permanent Improvement Fund Sheriffs Office - Jail Capital Capital Outlay Expenditure 80,984.44 General Permanent Improvement Fund Reallocation of funds to account for the purchase of 7 Key Boxes as capital assets. This is to re lace the key bo assets ere previously purchased. I SAM' I 1 a G 1/4/2024' County Judge Approval _ Date For bracle Entry Only, FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 28002006 65055000 (80,984.44 01000 00000000 91110000 80,984.44 45000 00000000 49028000 80,984.44 45000 63280021 80281000 80,984.44 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS) FOR THE 2023-2024 BUDGET YEAR NO.23/24 14.01-14.08 On this the 91h day of January 2024 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 91 day of January 2024 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 meet unusual 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 9th day of January 2024. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: 7�tt Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 23/24 -14.01 1/9/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Certificates of Obligation Contingency Supplies and Other Charges Ez enditure 305,902.00 Certificates of Obligation Contingency Discretionary Spending Expenditure 305,902.00 2020 Certificates of Obligation Reallocation of funds to correct accounts due to additional funds that were spent by the end of September 30, 202 n is d at time of budget aroval. k'bydsv �s zAki 2 „ vC.ountY'Jtid9eApprcval :. Date FUND DIV ACCT Change in Budget ACCOUNT NAME 43200 11001500 61130000 (305,902.00) 43200 11001500 59100000 305,902.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 23/24 -14.02 1/9/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Supplies and Other Charges Expenditure 4,700.00 General Fund 472nd District Court - Administration Supplies and Other Charges Expenditure 4,200.00 General Fund 472nd District Court - Administration Repairs and Maintenance Expenditure 500.00 � f General Fund Reallocation of funds to correct accounts for additional funding for 472nd District Court. i Y. "Coln:liid e,A royal �e Date r )r uir OraclaEn�tr� Onni "Sais�, 3 T., 3.Pvu. ���w FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 11001500 61130000 (4,700.00) 01000 22300100 61280000 200.00 01000 22300100 61490000 1,500.00 01000 22300100 61500000 500.00 01000 22300100 61900000 1,000.00 01000 22300100 61931000 1,000.00 01000 22300100 65540000 500.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 23/24 -14.03 1 /9/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Improvement Permanent Fund Commissioner's Court - Capital Supplies and Other Charges Expenditure 71,680.00 General Permanent Improvement Fund Facility Services - Capital Capital Outlay Expenditure 71,680.00 General Permanent Improvement Fund Reallocation of funds to correct accounts due to additional cost for the Exterior Access Stairs Pro'ect. (CIP #2 513) .: r• rPl - c. 3.e '. �� 3 �+ ^ � .� w rAe � {; �+ e _ r tx'tps3 S "a r; ^i4x 5'„ � .._ kf*t HSf" s"se� �iY �, ,4�jfi•. FUND DIV ACCT Change in Budget ACCOUNT NAME 45000 63110001 61130000 (71,680.00) 45000 63170001 80286000 71,680.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 23/24 -14.04 1 /9/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Juvenile Services - Detention Revenue 250.00 General Fund Juvenile Services - Detention Supplies and Other Charges Expenditure 250.00 Juvenile Services - Detention Reallocl tion a monetary donation of $250.00 from Commissioner Wanda Watson to purchase holiday gifts for th the Juvenile Detention Center. Donation was ap roved on January 2, 2024. 2024 ourity Judge'AgProval ._' ,;;_ �• " Date' ,. � FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 31000220 46023000 (250.00) 01000 31000220 61235000 250.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 23/24 -14.05 1/9/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Juvenile Services - Detention Supplies and Other Charges Expenditure 395.00 General Fund Juvenile Services - Detention Contractual Services Expenditure 395.00 Juvenile Services - Detention Reallocation of funds from subscriptions and publications to the correct account, SBITA Principal u ss✓'*"� t a �k�' jai �,��' d` 3 ��z,�s�.E � d 4/3/202' ?aa. za..7�� �-� a FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 31000220 61620000 (395.00) 01000 31000220 71020010 395.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 23/24 -14.06 1 /9/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Juvenile Services - Detention Supplies and Other Charges Expenditure 131.25 General Fund Juvenile Services - Detention Contractual Services Expenditure 131.25 Juvenile Services - Detention Reallocation of funds to correct accounts to pay for Guardian RFID Lease. All Ell, Date �,'��.<- �,. •i.,�, . ''°�c � � � � � '- �'`���� a... � /3[20241 Ni �.; �4 *yCounty Judge APpi�oval {�� r;-� "*2" ;Date' FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 31000220 60240000 (131.25) 01000 31000220 71020010 131.25 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 23/24 -14.07 1 /912024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Permanent Improvement Fund Commissioner's Court Supplies and Other Charges Expenditure 450,077.33 General Permanent Improvement Fund Juvenile Services - Capital Capital Outlay Expenditure 450,077.33 General Permanent Improvement Fund Reallocation of funds to correct accounts for additional funding needed for the Juvenile Expansion Project. ya^� ;.Counjj judge APPi�ovel4 FUND DIV ACCT Change in Budget ACCOUNT NAME 45000 63110001 61130000 (450,077.33) 45000• 63310001 80101000 450,077.33 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 23/24.14.08 1/9/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE 2020 Certificates of Obligation Contingency Supplies and Other Charges Expenditure 8,679.29 2020 Certificates of Obligation Roof Repair Juvenile Contractual Services Expenditure 9,679.29 I I 2020 Certificates of Obligation Reallocation of funds to correct accounts for the Juvenile Roof Replacement Project. SAM Date .Y, �, ' •. f/3/2024 a �5 R � � �T t - . :t •�,•. �Z�..��Fn-Gn:�wr t.�, 1C�14 t ��._ �., .�,� County Jiidge•_Approval . ;�, .����. ' .� RorOacle,En�i� OW}�'ki � w�:.�.'� k�` ° `�:": �r .sr. ,ti � � �•.s� '" � r:��� M '� ��r,�`i�rt�'rv; .�� s .��� f . FUND DIV ACCT Change in Budget ACCOUNT NAME 43200 11001500 61130000 (8,679.29) 43200 63432310 71025000 8,679.29 Personnel Change of Status Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: (Jan 4,2024) 01-09-2024 Human Resources Consider and Take Action on Change Employment ,�' .+ Uq, a al e$N n r^�S4 Y t,+ arf L° y r+`y qt� � wipry �7'"np}4,� Justice of Peace - Precinct 2 - Administration Landrum, Stephanie "'.E� .S i M.M ^t yrTS. �1 l�ln -�3�' ! J tt..i": ,.y`^N jT �' ,,• �' c aY '� �-y c W. r 5�.t�:. Separations DepartmentName �� `�� Emplo�ie"ey1�l�me Y f !fi K afr'1 „evl 1 L! ✓ i t 4�' a r-•r at+ Sheriff Office - Jail Administration Williams, Preyonce �rN,� ✓1� i a ri��Fr�,� � � '�'u M, `"" s4^�y�r � k�5a�� ��s � � � � ��" proved in Commissioners' Court: 01-09-2 unty Judge's or Commissioner's Signature: is Copy to be attached to minutes) PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 01-09-2024 Department Submitting Information: Human Resources Rumose of Submissions: Consider and Take Action on Change Requests artment. Submitting Employee Request Action Requested 1145e4/e1 AnnHime Tn Justice of the Peace Pct. 2 Bonifazi, Shelly Change of Status Valdez, Vidimara Change of Status Juvenile Services -- Community Based Stroup, Evan Change of Status Juvenile Services - Detention Barryer, Selwyn Change of Status Road & Bridge Castillo, Joe Change of Status Smith, Carlton Change of Status oveu in Cummiswunurs L.vurL. v ty Judge's or Commissioners Signature. Copy to be attached to minutes) BRAZOS COUNTY BRYAN, TEXAS CLAIMS COMMISSIONERS COURT MEETING: January 9.2024 CLAIMS TO BE PAID BY BRAZOS COUNTY: CLAIM # 8200140 Thru CLAIM # 8200255 CLAIM # 9200050 Thru CLAIM # 9200100 The Court voted unanimously to approve these Claims as submitted. Duane Peters County judge Karen McQueen County Clerk II Brazos County Administration Bldg. • 200 S. Texas Ave. 9 Suite 310 9 Bryan, Texas 77803 • Fax: (979) 361-4176