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HomeMy WebLinkAbout2024/08/06 Regular Session 10:00AM 1+ .a AD BRAZOS COUNTY Lip' ;,, 1 . _ _5f ..I, BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 6, 2024 AT 10:00AM 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 FACEBOOK.COM/BRAZOSCOUNTYTX 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Konderla 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -22 3. Approval requested from Human Resources for acceptance of donated funds in the amount of$6,760.18, from the Texas Association of Counties to be used for Employee Safety Equipment. Funds must be used through the TACRMP website. 4. Request from,the Chief Public Defender for the following personnel change with effective date as of August 17, 2024. This change will increase the FY 2024 Texas Indigent Defense Commission Grant Budget by a prorated amount of$1,729.00. • a. Increase Public Defender 1, Position Code B0132-2,from bi-weekly rate of $3,576.96 to $4,038.47, Salary Full-Time 5. Authorization for the County Judge to sign the Basic Plan, part of the Brazos County Interjurisdictional Emergency Management Plan. This plan supersedes the plan signed by Commissioners Court on June 11, 2024. 6. Approval of Interlocal Fuel Agreement with Brazos County and College Station Independent School District. 7. Approval of Contract for Payment of Court Fees between Brazos County and Voyages of Conroe, LLC. 8. Approval of the following FY25 Title IV-E Child Welfare Service Legal and Foster Care Contracts: • a. Title IV-E Legal Service Contract • b. Title IV-E Foster Care/Legal Annual FFATA Certification • c. Title IV-E Foster Care Service Contract 9. Approval of Amendment#1 to Agreement#24-069 Best Western Premier Bryan/College Station for Brazos County to revise the cancellation policy. 10. Approval of Contract#24-134 forADA Compliance Software with Silktide Inc. 11. Award of RFP#CI P 24-618 Harpers Ferry Road & Cricket Pass Reconstruction. Recommended Award: Brazos Paving Inc. 12. Approval of Agreement#25-020 with Lexipol for Online training for Brazos County Sheriff's Office. 13. Approval requested for the resubmittal of the Final Plat of Southern Pointe Subdivision Section 400; Block 79, Lots 37 through 43, 0.921 Acre Being a Replat of Block 79, Common Area I 400; Sterrett D. Smith League Survey,A-210; City of College ETJ, Brazos County, Texas. The attached plat corrects information on the plat previously approved in Commissioners Court July 30, 2024. Site is located in Precinct 1. 14. Consider and take action on the Wickson Creek SUD utility permit to construct a road bore at 7996 Longview Drive to provide water services. Site is located in Precinct 2. 15. Approval of the Treasurer's Report for May 2024. 16. Tax Refund Applications for the following: Overpayments • a. Shannon Aultman Hoffman-$42.13 • b. Carolyn Goar Riley-$5.01 17. Commissioners Court minutes for the following dates: • a. July 02, 2024 - Regular Meeting • b. July 09, 2024- Regular Meeting • c. July 09, 2024-Workshop Session • d. July 12, 2024-Special Called Session • e. July 23, 2024- Regular Meeting • f. July 30, 2024- Regular Meeting 18. Budget Amendments. • FY 23/24 Budget Amendments 42.01 -42.03 19. Personnel Change of Status. • Approval of Personnel Change of Status 20. Payment of Claims. 21. Convene into Executive Session pursuant to Texas Government Code §551.074 to deliberate/discuss matters relating to the following departments: • a. Brazos Center- Director • b. Budget Officer • c. Chief Information Officer • d. Chief of Staff • e. Collections- Director • f. Elections Administrator • g. Emergency Management Coordinator • h. Expo Complex& Brazos Valley Fair-General Manger • i. Facilities Services - Director • j. Fleet Service - Director • k. Health and Wellness Clinic- Medical Manager • I. Human Resources - Director • m. Medical Examiner/Director of Forensic Services • n. Project Manager • o. Purchasing Agent • p. Records Management- Director • q. Risk Manager • r. Road and Bridge-County Engineer • s. Veteran Service Officer 22. Consider and possible action on Executive Session. 23. Acknowledgement of Receipt of Petitions regarding County Stock Laws. 24. Acknowledgement of FY 2023-2024 Budget to Actuals by Fund as of July 31, 2024. Acknowledgement of FY 2023-2024 Contingency Budget to Actuals by Fund as of July 31, 2024. 25. Juvenile director's report on detention population. 26. Sheriff's report on inmate population. 27. Announcement of interest items and possible future agenda topics. 28. 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. �Aft E 0p':6. r The foregoing minutes of the Commissioners Court Meeting held August 6, 2024, have been examined and are approved in open Court this 3rd day of September 2024,in Bryan, Brazos County, Texas. A-A 11",'L , . '"/ 1, Duane eters Steve Aldrich County Judge Commissioner, Precinct 1 -- ----- 7'--1-_,-;tia...444 4-"Vb7-3Cre.c.t. Chuck Konderla Nancy Berry Commissioner, Precinct 2 Commissioner, Precinct 3 i i Wanda J. Wart Commissioner, Precinct 4 Attest: 14 Cni...._6)71e6QL9 Karen McQueen q5,if La .r. ;o County Clerk Cat‘ �Devity MINUTES AUGUST 6, 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 n Tuesday, August 6, 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,Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Konderla 2. Call for Citizen input and/or concerns. Cynde Wiley posed several questions relating to the Voter Registration presentation given by Elections Administrator Trudy Hancock on July 30, 2024. She reiterated her concern over the election equipment being used and the processes hi place to safeguard election security. Karen Simpson shared highlights from a presentation given by Dr.Walter Daugherity regarding threats to election security. Consider and take action on agenda items: 3 -22 3. Approval requested from Human Resources for acceptance of donated funds in the amount of$6,760.18,from the Texas Association of Counties to be used for Employee Safety Equipment. Funds must be used through the TACRMP website. A copy of the donation form is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 4. Request from the Chief Public Defender for the following personnel change with effective date as of August 17, 2024. This change will increase the FY 2024 Texas Indigent Defense Commission Grant Budget by a prorated amount of$1,729.00. • a. Increase Public Defender 1, Position Code B0132-2,from bi-weekly rate of $3,576.96 to $4,038.47, Salary Full-Time A copy of the position control changes is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 5. Authorization for the County Judge to sign the Basic Plan, part of the Brazos County Interjurisdictional Emergency Management Plan. This plan supersedes the plan signed by Commissioners Court on June 11, 2024. A copy of the Interjurisdictional Emergency Management Plan is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 6. Approval of Interlocal Fuel Agreement with Brazos County and College Station Independent School District. A copy of the I nterlocal Agreement is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 7. Approval of Contract for Payment of Court Fees between Brazos County and Voyages of Conroe, LLC. A copy of the service contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 8. Approval of the following FY25 Title IV-E Child Welfare Service Legal and Foster Care Contracts: • a. Title IV-E Legal Service Contract • b. Title IV-E Foster Care/Legal Annual FFATA Certification • c. Title IV-E Foster Care Service Contract A copy of the contracts is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 9. Approval of Amendment#1 to Agreement#24-069 Best Western Premier Bryan/College Station for Brazos County to revise the cancellation policy. A copy of the amended agreement is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 10. Approval of Contract#24-134 for ADA Compliance Software with Silktide Inc. A copy of the service contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 11. Award of RFP#CI P 24-618 Harpers Ferry Road & Cricket Pass Reconstruction. Recommended Award: Brazos Paving Inc. Purchasing Agent Charles Wendt stated that this contract will allow the County to take a less invasive approach to the construction than originally anticipated. Ultimately, saving the County approximately$800,000.00 while causing less of an inconvenience to residents. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP#CI P 24-618 Harpers Ferry Road & Cricket Pass Reconstruction to Brazos Paving Inc. A copy of the bid tabulation is attached. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 12. Approval of Agreement#25-020 with Lexipol for Online training for Brazos County Sheriff's Office. A copy of the service contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 13. Approval requested for the resubmittal of the Final Plat of Southern Pointe Subdivision Section 400; Block 79, Lots 37 through 43, 0.921 Acre Being a Replat of Block 79, Common Area I 400; Sterrett D. Smith League Survey,A-210; City of College ETJ, Brazos County, Texas. The attached plat corrects information on the plat previously approved in Commissioners Court July 30, 2024. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 14. Consider and take action on the Wickson Creek SUD utility permit to construct a road bore at 7996 Longview Drive to provide water services. 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. 15. Approval of the Treasurer's Report for May 2024. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for May 2024.A copy is attached and made a part of these minutes. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 16. Tax Refund Applications for the following: Overpayments • a. Shannon Aultman Hoffman-$42.13 • b. Carolyn Goar Riley-$5.01 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 17. Commissioners Court minutes for the following dates: • a. July 02, 2024 - Regular Meeting • b. July 09, 2024 - Regular Meeting • c. July 09, 2024 -Workshop Session • d. July 12, 2024 - Special Called Session • e. July 23, 2024 - Regular Meeting • f. July 30, 2024 - Regular Meeting Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 18. Budget Amendments. • FY 23/24 Budget Amendments 42.01 -42.03 42.01 Transfer funds from Information Technology to various county departments. 42.02 Reallocate funds for Voter Registration. 42.03 Reallocate funds for Election Administration. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 19. Personnel Change of Status. • Approval of Personnel Change of Status A copy of the Personnel Change of Status is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 20. Payment of Claims. Claims 8204235—8204365 9201828—9201914 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 21. Convene into Executive Session pursuant to Texas Government Code §551.074 to deliberate/discuss matters relating to the following departments: • a. Brazos Center- Director • b. Budget Officer • c. Chief Information Officer • d. Chief of Staff • e. Collections- Director • f. Elections Administrator • g. Emergency Management Coordinator • h. Expo Complex& Brazos Valley Fair- General Manger • i. Facilities Services - Director • j. Fleet Service - Director • k. Health and Wellness Clinic- Medical Manager • I. Human Resources - Director • m. Medical Examiner/Director of Forensic Services • • n. Project Manager • o. Purchasing Agent • p. Records Management- Director • q. Risk Manager • r. Road and Bridge - County Engineer • s. Veteran Service Officer At this point, the County Judge announced the Court would consider items 23 through 27 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:24 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.074 as stated above. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel Jennifer Salazar, Human Resources Director Raeanna McConathy,Assistant Human Resources Director Nina Payne, Budget Officer 22. Consider and possible action on Executive Session. At 11:22 a.m.the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 23. Acknowledgement of Receipt of Petitions regarding County Stock Laws. Judge Peters stated that the petitions are the first step in the legal process required to go from an open range county to closed range. General Counsel Bruce Erratt noted that this will be on the ballot for the November 2024 General Election. The Court acknowledged receipt of Petitions regarding County Stock Laws. 24. Acknowledgement of FY 2023-2024 Budget to Actuals by Fund as of July 31, 2024. Acknowledgement of FY 2023-2024 Contingency Budget to Actuals by Fund as of July 31, 2024. The Court acknowledged receipt of the 2023-2024 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of July 31, 2024. 25. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 25 juveniles in the detention center, 18 are male and 7 are female, and 29 have electronic monitors. 26. Sheriff's report on inmate population. Chief Deputy Paul Martinez stated there were 817 inmates in jail, 691 inmates are male, 126 are female and 43 have electronic monitors. Judge Peters questioned whether the inmates that were evacuated during Hurricane Beryl had been transported back to Aransas County. Chief Martinez stated that they were transported back around 3 weeks ago and the jail population is continuing to trend downward. 27. Announcement of interest items and possible future agenda topics. There were no announcements. 28. Adjourn. 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' ' • . .. . :• , :•.:',K'i...':_iAtAZOg.'fCOUNTY,TEXAS • ''F. ISs' 4;1' A i ACCEPTANCE OF PROPERTY ii mi...,. .,:• , i . . _ 1 :i-‘.. 1,,,),,•;. DONATION OF.COUNTY PROPERTY,...;?,-,„_,..-..:,:•.:::::7,:.-i 1 .• .-.''-';.:•,-•,-.,,,4./ ,! • •.'.-:-.".......:.:....., i .. • .. • t I .. • . , Date: •- .1 ••. • - . . , • [acceptance of Donated/Awarded Property . , , ElDonatiOn.of County Property (Awarded property requires signed court documentation) . . ElAceeptalico'bf Donated Inmate Property . . . . - (Iteqnirei Signed inmate docunientatiOn-Ng VALUE ASSESSED) .. Item,Descripton' V. Ct.. r_...'V4 .. .-.... . '.Scjli Eh4e4 .. -- . . . Please provide allinfOrmatiop requested beloW•asVplicable to the property being accepted or.donated, Forms containing any blank fields Will bef.retuinitifor completion. . . • • -Rin .,, __ .A. . WO: 'IN 11 Model: . NA. .,. . Year: NA'. - .SNNIN ti:• . ., . . • • . ,... • iji FtmetiOnal 0 Non-Functionat Explain if Non-Functional -IN iN . . . .,,i. 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Organization Name 60010000(Minor Property-$1-$4999) - ... • • • _ ,_ .-.. r Qth 0 r.(D:l.i.e:0:Statuatory , • . , 0 soorOpoo(Capital Property--OVer.$0Q0)' . . .4.1 reqUirementsprior approval ..• •.• . •.• • Is required:by.Purchasing; - •..:';'.0iginiation Name 1.1. . - . . . . _ •,7, *Domition-Other at.teount.640060 is to be used On Y far cash/check:funds donated io BiFi*piiinty,. . ;1 ..-' • - I certifyihat:tbe-above-Mentiened item has been'donated or awarded to Brazos County. This item has been receiVed,in good faith and upon approval by Commissioner Court will'beCome.a part..of tlie General Fixed Asot.:Apooli*#00Ais::(ouOty. Tice determination to accept or reject the donation witil*toatie..-Ai the sOle.'.di8cretiOh.:ot Commissioners Court based upon such things as USefidness; projected operating, . Maintenance instirance,costs. ft !.., r i... ,1,.::4... ' . ;:, . . , • ' . , ' .. . : • . .. . OtOegitigbePartinent: 14." tiiii161.34• Ict. I Daje Li:h . •. .... •. .. . • .. . : DepaitmOnt Name . ' Authorized Signature -- • ,. GI' • - , . . •-:: • , i" T•OrtaiiizOott4tedejving Donated Property:7 -. . Authorized Signature - ,•'• . i: •. • 1 . . . Approye ointriiSsioner -purt on thiiS day of ' . . , . *Conimissi ers oust Approval i'.. . :- • • ,%:•!!• :,.....:6:::QL.1...z.':.::.. .--". . ..:•,':.' •1. • . - ;...1 • :,. . .: •. BRAZOS COUNTY,TEXAS REQUESTED POSITION CONTROL CHANGES AFTER ADOPT_ ION_ Texas Indigent Defense Commission Grant- Prorated Cost For the Year Ending September 30,2024 Fiscal Year: . 2023-2024 Effective Date: 8/17/2024 Agenda Date: 8/6/2024 Requested by: Public Defender Increase/ Increase/ (Decrease) (Decrease) Salary Pos. Budget Biweekly/ Total Department Title Position Grade Type Hours Hourly Rate Salary Total Salaries Benefits 1 Request: Increase salary to$105,000 From: Texas Indigent Defense Commission G FY 24 Salary 272200 Public Defender I B0132-2 NA F/T 3 3,576.96 10,731 To: Texas Indigent Defense Commission G FY 24 Requested Change 272200 Public Defender I B0132-2 NA F/T 3 4,038.47 12,116 1,385.00 344.00 RESULT: Increase NET RESULT: 1,729.00 Total / ost $ ,, 1,729.00 Estimated Prorated Increase to FY 24 Budget Signature-Department Head/ cted i�'?� P a e BRAZOS COUNTY,TEXAS REQUESTED POSITION CONTROL CHANGES AFTER ADOPTION . • Texas Indigent Defense Commission Grant- Annual Cost For the Year Ending September 30,2024 Fiscal Year: 2023-2024 Effective Date: 8/17/2024 Agenda Date: 8/6/2024 Requested by: Public Defender Increase/ Increase/ (Decrease) (Decrease) Salary Pos. Budget Biweekly/ Total Department Title Position Grade Type Hours Hourly Rate Salary Total Salaries Benefits 1 Request: Increase salary to$105,000 From: Texas Indigent Defense Commission( FY 24 Salary 272200 Public Defender I B0132-2 NA F/T 26 3,576.96 93,001 To: Texas Indigent Defense Commission( FY 24 Requested Change 272200 Public Defender I B0132-2 NA F/T 26 4,038.47 105,001 12,000.00 2,974.00 RESULT: Increase NET RESULT: 14,974.00 Tot $ 14,974.00 Estimated Annual Increase to FY 24 Budget Signature-Department Hea lecte ci D to EMERGENCY MANAGEMENT PLAN FOR BRAZOS COUNTY, TEXAS A&M -' UNIVERSITY AND THE CITIES OF BRYAN, COLLEGE STATION, KURTEN AND WIXON VALLEY AUGUST2024 , Ver 2024 03/24 APPROVAL & IMPLEMENTATION *The Brazos County Interjurisdictional Emergency Management Plan This emergency management plan is hereby approved. This plan is effective immediately and supersedes all previous editions. _______ V.... .A:===i•-.... g i 6. ,2- 46 County Judge, Brazos County Da e Mayor, ' of Bryan Date I/pa-4 .-7/ Mayi� ity of Co lege Station Date Mayor, City of Kurten Date Mayor, Ci of Wixon Valley Date %I... •"`k= -it • -7- 30 aH Chief Operating officer, Texas A&M University Date Ver 2024 BP-i 03/24 RECORD OF CHANGES Basic Plan Date Change# of Change Change Entered By Date Entered • Ver 2024 BP-ii 03/24 TABLE OF CONTENTS BASIC PLAN • I. AUTHORITY 1 A. Federal • 1 B. State 1 C. Local 2 11. PURPOSE 2 III. EXPLANATION OF.TERMS 3 A. Acronyms 3 B. Definitions 3 IV. SITUATION AND ASSUMPTIONS 6 A. Situation 6 B. Assumptions. 7 V. CONCEPT OF OPERATIONS 7 A. Objectives 7 B. General 8 C. Operational Guidance 9 D. Incident Command System (ICS) 10 E. ICS - EOC Interface 11 F. State, Federal & Other Assistance 12 G.Emergency Authorities 13 H.Actions by Phases of Emergency Management 14 VI. ORGANIZATION AND ASSIGNMENT OF.RESPONSIBILITIES 15 A. Organization 15 B. Assignment of Responsibilities 15 VII. DIRECTION AND CONTROL 27 A. General 27 B. Emergency Facilities 27 C. Line of Succession 28 VIII. READINESS LEVELS 29 IX. ADMINISTRATION AND SUPPORT 32 A. Agreements and Contracts 32 B. Reports 32 C. Records 32 D.Training 33 E. Consumer Protection ' 34 F. Post-Incident and Exercise Review 34 X. PLAN DEVELOPMENT AND MAINTENANCE 34 A. Plan Development 34 Ver 2024 BP-iii 03/24 B. Distribution of Planning Documents 34 C. Review 34 D. Update 35 ATTACHMENTS ATTACHMENT 1: Distribution List 1-1 ATTACHMENT 2: References 2-1 ATTACHMENT 3: Organization for Emergency Management 3-1 ATTACHMENT 4: Emergency Management Functional Responsibilities 4-1 ATTACHMENT 5: Annex Assignments 5-1 ATTACHMENT 6: Summary of Agreements &Contracts 6-1 ATTACHMENT 7: National Incident Management System Summary 7-1 ANNEXES (distributed under separate cover) Annex A—Warning A-1 Annex B—Communications B-1 Annex C—Shelter& Mass Care C-1 Annex D—Radiological Protection D-1 Annex E—Evacuation E-1 Annex F—Firefighting F-1 Annex G—Law Enforcement G-1 Annex H— Health & Medical Services H-1 Annex I — Public Information • I-1 Annex J — Recovery J-1 Annex K—Public Works & Engineering K-1 Annex L—Utilities L-1 Annex M — Resource Management M-1 Annex N—Direction & Control N-1 Annex O—Human Services 0-1 Annex P—Hazard Mitigation P-1 Annex Q—Hazardous Materials & Oil Spill Response Q-1 Annex R—Search & Rescue R-1 Annex S—Transportation S-1 Annex T—Donations Management T-1 Annex U—Legal U-1 Annex V—Terrorist Incident Response V-1 Ver 2024 BP-iv 03/24 BASIC PLAN I. AUTHORITY A. Federal 1. U. S. Constitution, as amended 2. Robert T. Stafford Disaster Relief & Emergency Assistance Act, (as amended), 42 U.S.C. 5121 3. 42 S. Code- 5170 (2013, January 29) Procedure for Declaration 4. Price-Anderson Amendments Act of 1988, Public Law 100-408, as amended 5. Post-Katriena Emergency Management Reform Act(PKEMRA), 2006 6. Housing and Economic Recovery Act of 2008 • 7. Sandy Recovery Improvement Act(SRIA)of 2013 8. Disaster Recovery Reform Act of 2018 9. 42 United States Chapter 68 Disaster Relief Sub Chapter IV. Major Disaster Assistance Programs Section Code 5170 (2023, January 3, 2022). Procedure for Declaration 10.The National Security Strategy, October 2022 11. Emergency Alert System, Code of Federal Regulations (CFR) 47, Chapter 1, Subchapter A, Part 11 12. Emergency Management and Assistance, Code of Federal Regulations, (CFR)44 13. Emergency Planning and Community Right-to-Know Act Section 301 14. Emergency Management and Assistance Compact, Public Law 104-321 15. Executive Orders of the President • Homeland Security Presidential Directive, HSPD-3: Homeland Security Advisory System • Homeland Security Presidential Directive. HSPD-5: Management of Domestic Incidents • Homeland Security Presidential Directive, HSPD-7: Critical Infrastructure Identification, Prioritization, and Protection, December 2003 • Homeland Security Presidential Directive, HSPD-8: National Preparedness, March 2011 • Executive Order 13347, Federal Register, Individuals with Disabilities in Emergency Preparedness • National Incident Management System • National Response Plan • National Strategy for Homeland Security, July 2002 •. Nuclear/Radiological Incident Annex of the National Response Plan • Presidential Policy Directive 8: National Preparedness B. State 1. Constitution of the State of Texas 2. Respective state agency, department, and commission-enabling legislation • 3. Texas Education Code 88 4. State of Texas Emergency Management Basic Plan 5. Texas Government Code • 411.301-307 Power Outage Alert Ver 2024 BP-1 03/24 • 418 Emergency Management • 421 Homeland Security • 433 State of Emergency • 791.006 Liability in the Fire Protection Contract or Provision of Law Enforcement Services • 791.025 Contracts for Purchases • 791.027 Emergency Assistance 6. Texas Health &Safety Code 773 Emergency Medical Services 7. Texas Health & Safety Code 778 Emergency Management Assistance Compact 8. Texas Local Government Code • 616 Emergency Interim Public Office Succession Act • 391 Regional Planning Commissions • Texas Water Code 13 Water Rates and Services • Subtitle C, 16 Provisions Generally Applicable to Water Development 9. Executive Orders of the Government • GA 05 Relating to Emergency Management of Natural and Human- Caused Events, Emergencies and Disasters (2018) • RP 16 Relating to the Creation of the Statewide Amber Alert Network (2002) • RP 40 Relating to the Designation of the National Incident Management System as the Incident Management System for the State of Texas (2005) • RP 68 Relating to the Creation of the Blue Alert Program (2008) • RP 69 Relating to the Creation of the Governor's Commission for Disaster Recovery and Renewal (2008) 10. Texas Homeland Security Strategic Plan 2021-2025 11.Texas State Historical Association (2022). Texas Almanac. (E. Alverez, Ed) Dallas: Texas State Historical Commission C. Local 1. College Station City Ordinance#3180 dated May 18, 2009. 2. Bryan City Ordinance#621 dated August 11, 1986. 3. Wixon Valley City Ordinance# 108 dated August 7, 1987. 4. Kurten City Ordinance#11, dated March 27, 2003 5. Brazos County Commissioner's Court Order dated October 8, 1984. 6. Interjurisdictional Joint Resolution #9-25-97-6-b among the County of Brazos and the Cities of College Station, Bryan, Kurten and Wixon Valley dated August 15, 1997; and September 16, 2003. 7. Inter-local Agreements & Contracts. See the summary in Attachment 6. II. PURPOSE This Basic Plan outlines our approach to emergency operations and is applicable to the county, cities, and Texas A&M University. It provides general guidance for emergency management activities and an overview of our methods of prevention, protection, mitigation, response, and recovery. The plan describes our emergency response organization and assigns responsibilities for various emergency tasks. This plan is intended to provide a framework for more specific functional annexes that describe in more detail who does what, when, and how. This plan applies to all local officials, departments, and agencies. The primary audience for the document includes our chief elected official(s), other elected officials and university administrators, the Ver 2024 BP-2 03/24 emergency management staff, department and agency heads and their senior staff members, leaders of local volunteer organizations that support emergency operations, and others who may participate in our prevention, protection, mitigation, response, and recovery efforts. III. EXPLANATION OF TERMS A. Acronyms AAR After Action Report ARC American Red Cross CFR Code of Federal Regulations DDC Disaster District Committee DHS Department of Homeland Security EMC Emergency Management Coordinator EOC Emergency Operations or Operating Center FBI Federal Bureau of Investigation FEMA Federal Emergency Management Agency, an element of the U.S. Department of Homeland Security Hazmat Hazardous Material HSPD-5 Homeland Security Presidential Directive 5 ICP Incident Command Post ICS Incident Command System IP Improvement Plan JFO Joint Field Office JIC Joint Information Center JIS Joint Information System NIMS National Incident Management System NRF National Response Framework OSHA Occupational Safety& Health Administration PIO Public Information Officer SOGs Standard Operating Guidelines SOPs Standard Operating Procedures SOC State Operations Center TSA The Salvation Army VOADs Volunteer Organizations Active in Disasters B. Definitions 1. Area Command (Unified Area Command). An organization established (1) to oversee the management of multiple incidents that are each being managed by an ICS organization or (2) to oversee the management of large or multiple incidents to which several Incident Management Teams have been assigned. Sets overall strategy and priorities, allocates critical resources according to priorities, ensures that incidents are properly managed, and ensures that objectives are met, and strategies followed. Area Command becomes Unified Area Command when incidents are multijurisdictional. 2. Disaster District. Per Texas Government Code § 418.113, the state is divided into 24 disaster districts to engage in homeland security preparedness and response activities. The boundaries of the disaster districts must coincide with the geographic boundaries of Ver 2024 BP-3 03/24 the state planning regions established by the governor under Local Government Code § . 391. 3. Disaster District Committee. Established for each disaster district and is composed of local representatives of the state agencies, boards, and commissions and organized volunteer groups with representation on the Texas Emergency Management Council. Each disaster district committee must coordinate with political subdivisions within the disaster district to ensure that state and federal emergency assets are made available as needed to provide the most efficient and effective response possible. 4. Emergency Operations Center. Specially equipped facilities from which government officials exercise direction and control and coordinate necessary resources in an emergency situation. 5. Public Information. Information that is disseminated to the public via the news media before, during, and/or after an emergency or disaster ensuring the needs of the whole community are addressed. • 6. Emergency Situations. As used in this plan, this term is intended to describe a range of occurrences, from a minor incident to a catastrophic disaster. It includes the following: a. Incident. An incident is a situation that is limited in scope and potential effects. Characteristics of an incident include: 1) Involves a limited area and/or limited population. 2) Evacuation or in-place sheltering is typically limited to the immediate area of the incident. 3) Warning and public instructions are provided' in the immediate area, not community wide. 4) One or two local response agencies or departments acting under an Incident Commander normally handle incidents. Requests for resource support are normally handled through agency and/or departmental channels. 5) May require limited external assistance from other local response agencies or contractors. 6) For the purposes of the NRF, incidents include the full range of occurrences that require an emergency response to protect life or property. b. Emergency. An emergency is a situation that is larger in scope and more severe in terms of actual or potential effects than an incident. Characteristics include: 1) Involves a large area, significant population, or important facilities. 2) May require implementation of large-scale evacuation or in-place sheltering and implementation of temporary shelter and mass care operations. 3) May require community-wide warning and public instructions. • 4) Requires a sizable multi-agency response operating under an Incident Commander. 5) May require some external assistance from other local response agencies, contractors, and limited assistance from state or federal agencies. 6) The EOC will be activated to provide general guidance and direction, coordinate external support, and provide resource support for the incident. Ver 2024 BP-4 03/24 7) For the purposes of the NRF, an emergency (as defined by the Stafford Act) is "any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and , capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of catastrophe in any part of the United States." c. Disaster. A disaster involves the occurrence or threat of significant casualties and/or widespread property damage that is beyond the capability of the local government to handle its organic resources. Characteristics include: 1) Involves a large area, a sizable population, and/or important facilities. 2) May require implementation of large-scale evacuation or in-place sheltering and implementation of temporary shelter and mass care operations. 3) Requires community-wide warning and public instructions. 4) Requires a response by all local response agencies operating under one or more incident commanders. • 5) Requires significant external assistance from other local response agencies, contractors, and extensive state or federal assistance. 6) The EOC will be activated to provide general guidance and direction, provide emergency information to the public, coordinate state and federal support, and coordinate resource support for emergency operations. 7) For the purposes of the NRF, a major disaster(as defined by the Stafford Act) is any catastrophe, regardless of the cause, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster federal assistance. d. Catastrophic Incident. For the purposes of the NRF, this term.is used to describe any natural or manmade occurrence that results in extraordinary levels of mass casualties, property damage, or disruptions that severely affect the population, infrastructure, environment, economy, national morale, and/or government functions. An occurrence of this magnitude would result in sustained national impacts over prolonged periods of time and would immediately overwhelm local and state capabilities. All catastrophic incidents are Incidents of National Significance. 7. Hazard Analysis. A document published separately from this plan identifies the local hazards that have caused or possess the potential to adversely affect public health and safety, public or private property, or the environment. 8. Hazardous Material (Hazmat). A substance in a quantity or form posing an unreasonable risk to health, safety, and/or property when manufactured, stored, or transported. The substance, by its nature, containment, and reactivity, has the capability for inflicting harm during an accidental occurrence. A substance that is toxic, corrosive, flammable, reactive, an irritant, or a strong sensitizer, and poses a threat to • health and the environment when improperly managed (Includes toxic substances, certain infectious agents, radiological materials, and other related materials such as oil, used oil, petroleum products, and industrial solid waste substances). 9. Incident of National Significance. An actual or potential high-impact event that requires a coordinated and effective response by and appropriate combination of federal, state, local, tribal, nongovernmental, and/or private sector entities to save lives and minimize Ver 2024 BP-5 03/24 damage and provide the basis for long-term communication recovery and mitigation activities. 10. Inter-local agreements. Arrangements between governments and/or organizations, either public or private, for reciprocal aid and assistance during emergency situations where the resources of a single jurisdiction or organization are insufficient or inappropriate for the tasks that must be performed to control the situation. Commonly referred to as mutual aid agreements. 11. Stafford Act. The Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizes federal agencies to undertake special measures designed to assist the efforts of states in expediting the rendering of aid, assistance, emergency services, and reconstruction and rehabilitation of areas devastated by disaster. 12. Standard Operating Guidelines. Approved methods for accomplishing a task or set of tasks. SOGs are typically prepared at the department or agency level. IV. SITUATION AND ASSUMPTIONS A. Situation Brazos County is exposed to many hazards, all of which have the potential for disrupting the community, causing casualties, and damaging or destroying public or private property. A summary of our major hazards is provided in Figure 1. More detailed information is provided in our Hazard Analysis, published separately. Figure 1 HAZARD SUMMARY Likelihood of Estimated Impact on Estimated Impact Occurrence* Public Health&Safety on Property Hazard Type: (See below) Limited/Moderate/Major Limited/Moderate/Major Natural Drought HIGHLY LIKELY LIMITED MODERATE Earthquake UNLIKELY LIMITED LIMITED Flash Flooding HIGHLY LIKELY MODERATE LIMITED Flooding(river) HIGHLY LIKELY MODERATE LIMITED Hurricane UNLIKELY LIMITED LIMITED Subsidence UNLIKELY LIMITED LIMITED Tornado UNLIKELY. MAJOR MAJOR Wildfire HIGHLY LIKELY LIMITED MODERATE Winter Storm UNLIKELY LIMITED LIMITED Infectious Disease UNLIKELY MAJOR LIMITED Technological Dam Failure UNLIKELY MODERATE MODERATE Energy/Fuel Shortage OCCASIONAL MODERATE LIMITED Hazmat/Oil Spill(fixed site) OCCASIONAL MODERATE MODERATE Hazmat/Oil Spill(transport) LIKELY MODERATE MODERATE Major Structural Fire HIGHLY LIKELY MODERATE MAJOR Nuclear Facility Incident UNLIKELY MODERATE MODERATE Ver 2024 BP-6 03/24 Water System Failure OCCASIONAL MODERATE MODERATE Electrical System Failure LIKELY MODERATE MODERATE Aircraft Incident UNLIKELY LIMITED LIMITED Security Civil Disorder UNLIKELY MODERATE MODERATE Enemy Military Attack UNLIKELY MAJOR MAJOR Terrorism UNLIKELY MAJOR MAJOR Active Attacker UNLIKELY MAJOR MODERATE *Likelihood of Occurrence: Unlikely,Occasional,Likely,or Highly Likely B. Assumptions 1. Brazos County will continue to be exposed to and subject to the impact of the hazards described above and as well as lesser hazards and others that may develop in the future. 2. It is possible for a major disaster to occur at any time and at any place. In many cases, dissemination of warning to the public and implementation of increased readiness measures may be possible. However, some emergency situations occur with little or no warning. Major disasters and emergencies may generate widespread media and public interest; information provided to the public needs to be accurate, timely, and reviewed by a designated Public Information Officer or Officers. The media must be considered an ally in large-scale emergencies and disasters; it can provide considerable assistance in emergency public information and warning. 3. Outside assistance will be available in most emergency situations affecting our county. Since it takes time to summon external assistance, it is essential for us to be prepared to carry out the initial emergency response on an independent basis. Further, disasters and emergencies may require extended commitment of personnel and other resources from involved agencies and jurisdictions. 4. Proper mitigation actions, such as floodplain management, fire inspections, and building inspections, can prevent or reduce disaster-related losses. Detailed emergency planning, training of emergency responders and other personnel, and conducting periodic emergency drills and exercises can improve our readiness to deal with emergency situations. Disasters and emergencies may pose serious long-term threats to public health, property, the environment, and local economy. While responding to significant disasters and emergencies, all strategic decisions must consider each of these potential impacts. 5. All EOC staff have read the Basic Emergency Plan and its supporting documents and are prepared to work in the EOC environment. V. CONCEPT OF OPERATIONS A. Objectives The objectives of our emergency management program are to protect public health and safety and preserve public and private property. Emergency operations address the entire •Ver 2024 BP-7 03/24 spectrum of contingencies, ranging from relatively minor incidents such as utility failure, to large-scale disasters such as major flash flooding. Some emergencies will be preceded by a build-up period, which, if recognized, may offer advance warning to potentially affected areas and populations. Other emergencies occur with little or no advanced warning, and therefore require a response characterized by efficient and coordinated mobilization and deployment of local resources. This section of the, plan outlines how the plan will be activated and implemented, with the purpose of protecting lives, property, and the environment of Brazos County as a whole. B. General 1. It is our responsibility to protect public health and safety and preserve property from the effects of hazardous events. We have the primary role in identifying and mitigating hazards, preparing for, and responding to, and managing the recovery from emergency situations that affect our community. 2. It is impossible for government to do everything that is required to protect the lives, property, and the environment of our population. Our citizens have the responsibility to prepare themselves and their families to cope with emergency situations and manage their affairs and property in ways that will aid the government in managing emergencies. We will assist our citizens in carrying out these responsibilities by providing public information and instructions prior to and during emergency situations. 3. Local government is responsible for organizing, training, and equipping local emergency responders and emergency management personnel, providing appropriate emergency facilities, providing suitable warning and communications systems, and for contracting for emergency services. The state and federal governments offer programs that provide some assistance with portions of these responsibilities. 4. To achieve our objectives, we have organized an emergency management program that is both integrated (employs the resources of government, organized volunteer groups, and businesses) and comprehensive (addresses mitigation, prevention, protection, response, and recovery). This plan captures the elements of the National Preparedness Goal. 5. This plan is based on an all-hazard approach to emergency planning. It addresses general functions that may need to be performed during any emergency situation and is not a collection of plans for specific types of incidents. For example, Annex A(Warning) addresses techniques that can be used to warn the public during any emergency situation,whatever the cause. 6. Departments and agencies tasked in this plan are expected to develop and keep current standard operating procedures that describe how emergency tasks will be performed. Departments and agencies are charged with ensuring the training and equipment necessary for an appropriate response are in place. 7. This plan is based upon the concept that the emergency functions that must be performed by many departments or agencies generally parallel some of their normal day-to-day functions. To the extent possible, the same personnel and material resources used for day-to-day activities will be employed during emergency situations. Because Ver 2024 BP-8 03/24 • personnel and equipment resources are limited, some routine functions that do not contribute directly to the emergency may be suspended for the duration of an emergency. The personnel, equipment, and supplies that would normally be required for those functions will be redirected to accomplish emergency tasks. 8. We have adopted the National Incident Management System (NIMS) in accordance with the President's Homeland Security Directive (HSPD)-5. Our adoption of NIMS will provide a consistent approach to the effective management of situations involving natural or man-made disasters, or terrorism. NIMS allows us to integrate our response activities using a set of standardized organizational structures designed to improve interoperability between all levels of government, private sector, and nongovernmental organizations. 9. This plan, in accordance with the National Response Framework (NRF), is an integral part of the national effort to prevent, and reduce America's vulnerability to terrorism, major disasters, and other emergencies, minimize the damage and recover from attacks, major disasters, and other emergencies that occur. In the event of an Incident of National Significance, as defined in HSPD-5, we will integrate all operations with all levels of government, private sector, and nongovernmental organizations using the NRF coordinating structures, processes, and protocols. C. Operational Guidance We will employ the six components of the NIMS in all operations, which will provide a standardized framework that facilitates our operations in all phases of emergency management. Attachment 7 provides further details of the NIMS. 1. Initial Response. Our emergency responders are likely to be the first on the scene of an emergency situation. They will normally take charge and remain in charge of the incident until it is resolved or others who have legal authority to do so assume responsibility. They will seek guidance and direction from our local officials and seek technical assistance from state and federal agencies and industry where appropriate. 2. Implementation of ICS a. The first local emergency responder to arrive at the scene of an emergency will implement the incident command system and serve as the Incident Commander until relieved by a more senior or more qualified individual. The Incident Commander will establish an incident command post (ICP) and provide an assessment of the situation to local officials, identify response resources required, and direct the on- scene response from the 1CP. b. For some types of emergency situations, a specific incident scene may not exist in the initial response phase and the EOC may accomplish initial response actions, such as mobilizing personnel and equipment and issuing precautionary warnings to the public. As the potential threat becomes clearer and a specific impact site (or sites) identified, an incident command post may be established, and direction and control of the response transitioned to the Incident Commander. • Ver 2024 BP-9 03/24 3. Source and Use of Resources. a. We will use our own resources, all of which meet the requirements for resource management in accordance with the NIMS, to respond to emergency situations, purchasing supplies and equipment if necessary, and request assistance if our resources are insufficient or inappropriate. §418.102 of the Government Code provides that the county should be the first channel through which a municipality requests assistance when its resources are exceeded. If additional resources are required, we will: • 1) Summon those resources available to us pursuant to inter-local agreements. See Attachment 6 to this plan. • 2) Summon emergency service resources that we have contracted for. See Attachment 6. • 3) Request assistance from volunteer organizations active in disasters. 4) Request assistance from industry or individuals who have resources needed to deal with the emergency situation. b. When external agencies respond to an emergency situation within our jurisdiction, we expect them to conform to the guidance and direction provided by our Incident Commander, which will be in accordance with the NIMS. D. Incident Command System (ICS) 1. We intend to employ ICS, an integral part of the NIMS, in managing emergencies. ICS is both a strategy and a set of organizational arrangements for directing and controlling field operations. It is designed to effectively integrate resources from different agencies into a temporary emergency organization at an incident site that can expand and contract with the magnitude of the incident and resources on hand. A summary of ICS is provided in Attachment 7. 2. The Incident Commander is responsible for carrying out the ICS function of command — managing the incident. The other major management activities that form the basis of ICS are operations, planning, logistics, and finance/administration. However, some incidents involve intensive intelligence gathering and investigative activity, and for such incidents, the Incident Commander or Unified Command may opt to reconfigure intelligence and investigations responsibilities.to meet the needs of the incident. This may occur when the incident involves a criminal or terrorist act and/or other non-law- enforcement intelligence/investigations efforts such as epidemiological investigations. For small-scale incidents, the Incident Commander and one or two individuals may perform all these functions. For larger incidents, a number of individuals from different • departments or agencies may be assigned to separate staff sections charged with those functions. 3. An Incident Commander using response resources from one or two departments or agencies can handle the majority of emergency situations. Departments or agencies participating in this type of incident response will normally obtain support through their own department or agency. Ver 2024 BP-10 03/24 4. In emergency situations where other jurisdictions or the state or federal government are providing significant response resources or technical assistance, it is generally desirable to transition from the normal ICS structure to a Unified or Area Command structure. This arrangement helps to ensure that all participating agencies are involved in developing objectives and strategies to deal with the emergency. Attachment 7 provides additional information on Unified and Area Commands. E. ICS - EOC Interface • 1. For major emergencies and disasters, the Emergency Operations Center (EOC) will be activated. When the EOC is activated, it is essential to establish a division of responsibilities between the incident command post and the EOC. A general division of responsibilities is outlined below. It is essential that a precise division of responsibilities be determined for specific emergency operations. 2. The Incident Commander is generally responsible for field operations, including: a. Isolating the scene. b. Directing and controlling the on-scene response to the emergency situation and managing the emergency resources committed there. c. Warning the population in the area of the incident and providing emergency instructions/information to them. d. Determining and implementing protective measures (evacuation or shelter-in-place) for the population in the immediate area of the incident and for emergency responders at the scene. e. Implementing traffic control arrangements in and around the incident scene. f. Notifying the appropriate EMC and requesting additional resources as needed. 3. The EOC is generally responsible for: a. Providing resource support for incident command operations. b. Issuing community-wide warning. c. Issuing instructions and providing information to the general public. d. Organizing and implementing large-scale evacuation. e. Organizing and implementing shelter and mass care arrangements for evacuees. f. Coordinating traffic control for large-scale evacuations. g. Requesting assistance from the State and other external sources. h. Working with the chief elected officials of the jurisdictions to declare a local state of disaster or emergency as needed as well as requesting disaster recovery assistance. 4. In some large-scale emergencies or disasters, emergency operations with different objectives may be conducted at geographically separated scenes. In such situations, more than one incident command operation may be established. If this situation occurs, a transition to an Area Command or a Unified Area Command is desirable,- and the allocation of resources to specific field operations will be coordinated through the EOC. 5. Two or more distinct incidents in the same general area that, by management action, are managed under a single incident commander or unified command in order to improve efficiency and simplify incident management processes is also known as an Incident Complex. Ver 2024 BP-11 03/24 F. State, Federal,&Other Assistance 1. State & Federal Assistance a. If local resources are inadequate to deal with an emergency situation, the EOC will request assistance from the State. State assistance furnished to local governments is intended to supplement local resources and not substitute for such resources, including mutual aid resources, equipment purchases or leases, or resources covered by emergency service contracts. As noted previously, cities must request assistance from their county before requesting state assistance. b. Requests for state assistance should be made to the Disaster District Committee (DDC) Chairperson, who is located at the Texas A&M University System RELLIS Campus in Bryan, Texas. See Appendix 3 to Annex M (Resource Management)for a form that can be used to request state assistance. In essence, state emergency assistance to local governments begins at the DDC level and the key person to validate a request for, obtain, and provide that state assistance and support is the DDC Chairperson. A request for state assistance must be made by the chief elected official (the County Judge/Mayor(s)) or designee and may be made via STAR board in WebEOC, email,•or telephone. The DDC Chairperson has the authority to utilize all state resources within the district to respond to a request for assistance, except for the National Guard. Use of National Guard resources require approval of the Governor. c. The Disaster District staff will forward requests for assistance that cannot be satisfied by state resources within the District to the State Operations Center (SOC) in Austin for action. • 2. Other Assistance a. If resources required to control an emergency situation are not available within the State, the Governor may request assistance from other states pursuant to a number of interstate compacts or from the federal government through 'the Federal Emergency Management Agency(FEMA). b. For major emergencies and disasters for which a Presidential declaration has been issued, federal agencies may be mobilized to provide assistance to states and local governments. The National Response Framework (NRF) describes the policies, planning assumptions, concept of operations, and responsibilities of designated federal agencies for various response and recovery functions. The Nuclear/Radiological Incident Annex of the NRF addresses the federal 'response to major incidents involving radioactive materials. c. FEMA has the primary responsibility for coordinating federal disaster assistance. No direct federal disaster assistance is authorized prior to a Presidential emergency or disaster declaration, but FEMA has limited authority to stage initial response resources near the disaster site and activate command and control structures prior to a declaration and the Department of Defense has the authority to commit its resources to save lives prior to an emergency or disaster declaration. • Ver 2024 BP-12 03/24 d. See Annex J (Recovery) for additional information on the assistance that may be available during disaster recovery. e. The NRF applies to Stafford and non-Stafford Act incidents and is designed to accommodate not only actual incidents, but also the threat of incidents. Therefore, NRF implementation is possible under a greater range of incidents. G. Emergency Authorities 1. Key federal, state, and local legal authorities pertaining to emergency management are listed in Section I of this plan. 2. Texas statutes and the Executive Order of the Governor Relating to Emergency Management provide local government, principally the chief elected official, with a number of powers to control emergency situations. If necessary, we shall use these powers during emergency situations. These powers include: a. Emergency Declaration. In the event of riot or civil disorder, the County Judge and/or Mayor(s) may request the Governor to issue an emergency declaration for this jurisdiction and take action to control the situation. The use of the emergency • declaration is explained in Annex U (Legal). b. Disaster Declaration. When an emergency situation has caused severe damage, injury, or loss of life or it appears likely to do so, the County Judge and/or Mayor(s) may by Executive Order or proclamation declare a local state of disaster without the consent of either the city council or county commissioners, respectively. However, the declaration may last no longer than seven days unless continued by the city council or county commissioners. The County Judge and/or Mayor(s) may subsequently issue orders or proclamations referencing that declaration to invoke certain emergency powers granted the Governor in the Texas Disaster Act on an appropriate local scale in order to cope with the disaster. These powers include: 1) Suspending procedural laws and rules to facilitate a timely response. 2) Using all available resources of government and commandeering private property, subject to compensation, to cope with the disaster. 3) Restricting the movement of people and occupancy of premises. 4) Prohibiting the sale or transportation of certain substances. 5) Implementing price controls. A local disaster declaration activates the recovery and rehabilitation aspects of this plan. A local disaster declaration is required to obtain state and federal disaster recovery assistance. See Annex U (Legal) for further information on disaster declarations and procedures for invoking emergency powers. c. Authority for Evacuations. State law provides a County Judge or Mayor with the authority to order the evacuation of all or part of the population from a stricken or threatened area within their respective jurisdictions. Ver 2024 BP-13 03/24 H. Actions by Phases of Emergency Management i 1. This plan addresses emergency actions that are conducted during all five phases of • emergency management. a. Prevention Local Emergency Management and its partners will conduct activities that will lead to the prevention and avoidance of an imminent, threatened, or actual act of terrorism. b. Protection Local Emergency Management and its partners will conduct preparedness activities to develop the response capabilities needed in the event of an emergency. Among the preparedness activities included in our emergency management program are: 1) Providing emergency equipment and facilities. 2) Emergency planning, including maintaining this plan, its annexes, and appropriate SOGs. 3) Conducting or arranging appropriate training for emergency responders, emergency management personnel, other local officials, and volunteer groups who assist us during emergencies. 4) Conducting periodic drills and exercises to test our plans and training. c. Mitigation Local Emergency Management and its partners will conduct mitigation activities as an integral part of our emergency management program. Mitigation is intended to eliminate hazards, reduce the probability of hazards causing an emergency situation, or lessen the consequences of unavoidable hazards. Mitigation should be a pre- disaster activity, although mitigation may also_ occur in the aftermath of an emergency situation with the intent of avoiding repetition of the situation. Our mitigation program is outlined in Annex P (Mitigation). d. Response We will respond to emergency situations effectively and efficiently. The focus of most of this plan and its annexes is on planning for the response to emergencies. Response operations are intended to resolve an emergency situation while minimizing casualties, property damage, and impacts to the environment. Response activities include warning, emergency medical services, firefighting, law enforcement operations, evacuation, shelter and mass care, emergency public information, search and rescue, as well as other associated functions. e. Recovery If a disaster occurs, we will carry out a recovery program that involves both short- term and long-term efforts. Short-term operations seek to restore vital services to . the community and provide for the basic needs of the public. Long-term recovery Ver 2024 BP-14 03/24 focuses on restoring the community to its normal state. The federal government, pursuant to the Stafford Act, provides the vast majority of disaster recovery assistance. The recovery process includes assistance to individuals, businesses, and to government and other public institutions. Examples of recovery programs include temporary housing, restoration of government services, debris removal, restoration of utilities, disaster mental health services, and reconstruction of damaged roads and bridges. Our recovery program is outlined in Annex J (Recovery). VI. ORGANIZATION AND ASSIGNMENT OF RESPONSIBILITIES A. Organization 1. General Most departments and agencies of local government have emergency functions in addition to their normal day-to-day duties. During emergency situations, our normal organizational arrangements are modified to facilitate emergency operations. Our governmental organization for emergencies includes an executive group, emergency services group, and a support services group. Attachment 3 depicts our emergency organization. 2. Executive Group The Executive Group provides guidance and direction for emergency management programs and for emergency response and recovery operations. The Executive Group includes the County Judge, Mayor(s), City Manager(s), University Executive(s), and Emergency Management Coordinator(s). • 3. Emergency Services Emergency Services include the Incident Commander and those departments, agencies, and groups with primary emergency response actions. The Incident Commander is the person in charge at an incident site. 4. Emergency Support Services This group includes departments and agencies that support and sustain emergency responders and coordinate emergency assistance provided by organized volunteer organizations, business and industry, and other sources. 5. Volunteer and Other Services • This group includes organized volunteer groups•and businesses that have agreed to provide certain support for emergency operations. B. Assignment of Responsibilities 1. General Ver 2024 BP-15 03/24 For most emergency functions, successful operations require a coordinated effort from a number of departments;agencies, and groups. To facilitate a coordinated effort, elected and appointed officials, departments and agency heads, and other personnel are assigned primary responsibility for planning and coordinating specific emergency functions. Generally, primary responsibility for an emergency function will be assigned to an individual from the department or agency that has legal responsibility for that function or possesses the most appropriate knowledge and skills. Other officials, departments, and agencies may be assigned support responsibilities for specific emergency functions. Attachment 4 summarizes the general emergency responsibilities of local officials, department and agency heads, and other personnel. 2. The individual having primary responsibility for an emergency function is normally responsible for coordinating preparation of and maintaining that portion of the emergency plan that addresses that function. Plan and annex assignments are outlined in Attachment 5. Listed below are general responsibilities assigned to the Executive Group, Emergency Services, Support Services, and other Support Agencies. Additional specific responsibilities can be found in the functional annexes to this Basic Plan. 3. Executive Group Responsibilities a. The County Judge and/or Mayor(s)and/or University Executives will: 1) Establish objectives and priorities for the emergency management program and provide general policy guidance on the conduct of that program. 2) Monitor the emergency response during disaster situations and provide direction where appropriate. 3) With the assistance of the Public Information Officer (PIO) and the Joint Information Center(JIC), keep the public informed during emergency situations. 4) With the assistance of the legal staff, declare a local state of disaster, request the Governor declare a state of emergency, or invoke the emergency powers of government when necessary (except University Executives). 5) Request assistance from other local governments or the State when necessary. 6) Direct activation of the EOC. b. The County Judge, Mayor(s), City Manager(s), University Assistant VP for Safety and Security and EMC(s)will: 1) Implement the policies and decisions of the governing body relating to emergency management. 2) Organize the emergency management program and identifies personnel, equipment, and facility needs. 3) Assign emergency management program tasks to departments and agencies. Ver 2024 BP-16 03/24 4) Ensure that departments and agencies participate in emergency planning, training, and exercise activities. 5) Coordinate the operational response of local emergency services. 6) Coordinate activation of the EOC and supervise its operation. c. The Emergency Management Coordinator(s)will: 1) Serve as the staff advisor to our County Judge, Mayor(s), and City Manager(s) on emergency management matters. 2) Keep the County Judge, Mayor(s), and City Manager(s), as well as our governing body, apprised of our preparedness status and emergency management needs. 3) Coordinate local planning and preparedness activities and the maintenance of this plan. 4) Prepare and maintain a resource inventory. 5) Arrange appropriate training for local emergency management personnel and emergency responders. 6) Coordinate periodic emergency exercises to test our plan and training. 7) Manage the EOC, develop procedures for its operation, and conduct training for those who staff it. 8) Activate the EOC when required; 9) Perform day-to-day liaison with the state emergency management staff and other local emergency management personnel. 10) Coordinate with organized volunteer groups and businesses regarding emergency operations. 4. Common Responsibilities. All emergency services and support services will: a. Provide personnel, equipment, and supplies to support emergency operations as able, upon request. b. Develop and maintain SOGs for emergency tasks. c. Provide trained personnel to staff the incident command post and EOC and conduct emergency operations. Ver 2024 BP-17 03/24 d. Provide current information on emergency resources for inclusion in the Resource List in Appendix 1 to Annex M (Resource Management). e. Report information regarding emergency situations and damage to facilities and equipment to the Incident Commander or the EOC. 5. Emergency Services Responsibilities. a. The Incident Commander will: 1) Manage emergency response resources and operations at the incident site command post to resolve the emergency situation. 2) Determine and implement required protective actions for response personnel and the public at an incident site. b. Warning. 1) Primary responsibility for this function is assigned to the Police Chief(s) and/or County Sheriff who, with assistance from the EMC(s), will prepare and maintain Annex A(Warning)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Receive information on emergency situations. b) Alert key local officials of emergency situations. c) Disseminate warning information and instructions to the public through available warning systems ensuring the needs of the whole community are addressed. d) Disseminate warnings and instructions to special facilities such as schools and hospitals. c. Communications. 1) Primary responsibility for this function is assigned to the Police Chief(s) and/or County Sheriff who, with assistance from the EMCs, will prepare and maintain Annex B (Communications)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Identify the communications systems available within the local area and determine the connectivity of those systems and ensure their interoperability. b) Develop plans and procedures for coordinated use of the various communications systems available in this jurisdiction during emergencies. c) Determine and implement means of augmenting communications during emergencies, including support by volunteer organizations. Ver 2024 BP-18 03/24 d. Radiological Protection. 1) Primary responsibility for this function is assigned to the Fire Chief(s) who, with assistance from the EMCs, will prepare and maintain Annex D (Radiological Protection)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Maintain inventory of radiological equipment. b) Ensure response forces include personnel with current training in radiological monitoring and decontamination. c) Respond to radiological incidents and terrorist incidents involving radiological materials. d) Make notification concerning radiological incidents to state and federal authorities. e. Evacuation. 1) Primary responsibility for this function is assigned to the Police Chief(s) and/or Sheriff who, with assistance from the EMCs, will prepare and maintain Annex E (Evacuation)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Identify areas where an evacuation has occurred, or may in the future, and determine the population at risk. b) Perform evacuation planning for known risk areas to include route selection and determination of traffic control requirements. c) Develop simplified planning procedures for ad hoc evacuations. d) Determine emergency public information requirements. e) Perform evacuation planning for functional and access needs facilities (schools, hospitals, nursing homes, and other institutions) and/or review plans prepared by the facility as requested. f. Firefighting. 1) Primary responsibility for this function is assigned to the Fire Chief(s) who, with assistance from the EMCs, will prepare and maintain Annex F (Firefighting) to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Fire prevention activities. b) Fire detection and control. c) Hazardous material and oil spill response. d) Terrorist incident response. e) Evacuation support. f) Post-incident reconnaissance and damage assessment. g) Fire safety inspection of temporary shelters. h) Prepare and maintain fire resource inventory. Ver 2024 BP-19 03/24 g. Law Enforcement. 1) Primary responsibility for this function is assigned to the Police Chief(s) and/or Sheriff who, with assistance from the EMCs, will prepare and maintain Annex G (Law Enforcement)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Maintenance of law and order. b) Traffic control. c) Terrorist incident response. d) Provision of security for vital facilities, evacuated areas, and shelters. e) Access control for damaged or contaminated areas. f) Warning support. g) Post-incident reconnaissance and damage assessment. h) Prepare and maintain law enforcement resource inventory. h. Health and Medical Services. 1) Primary responsibility for this function is assigned to the Public Health Office, who with assistance from the EMCs, will prepare and maintain Annex H (Health & Medical Services)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Coordinate health and medical support during emergency situations. b) Public health information and education. c) Inspection of food and water supplies. d) Develop emergency public health regulations and orders. i. Direction and Control. 1) Primary responsibility for this function is assigned to the County Judge and/or Mayor(s) and/or designated University Executives and EMCs who will prepare and maintain Annex N (Direction & Control)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Direct and control our local operating forces. b) Maintain coordination with neighboring jurisdictions and the Disaster District in Bryan, Texas. c) Maintain the EOC in an operating mode or be able to convert the designated facility space into an operable EOC rapidly. d) Assign representatives, by title, to report to the EOC and develops procedures for crisis training. e) Develop and identify the duties of the staff, use of displays and message forms, and procedures for EOC activation. f) Coordinate the evacuation of areas at risk. Ver 2024 BP-20 03/24 j. Hazardous Materials & Oil Spill. 1) The primary responsibility for this function is assigned to the Fire Chief(s) who, with assistance from the EMCs will prepare and maintain Annex Q (Hazardous Material & Oil Spill Response)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) In accordance with OSHA regulations, establish ICS to manage the response to hazardous materials incidents. b) Establish the hazmat incident functional areas (e.g., Hot Zone, Warm Zone, Cold Zone, etc.) c) Determine and implement requirements for personal protective equipment for emergency responders. d) Initiate appropriate actions to control and eliminate the hazard in accordance with established hazmat response guidance and SOGs. e) Determine areas at risk and which public protective actions, if any, should be implemented. f) Apply appropriate firefighting techniques if the incident has, or may, result in a fire. g) Determine when affected areas may be safely reentered. k. Search & Rescue. 1) The primary responsibility for this function is assigned to the Fire Chief(s) who, with assistance from the EMCs, will prepare and maintain Annex R (Search and Rescue)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Coordinate and conduct search and rescue activities. b) Identify requirements for specialized resources to support rescue operations. c) Coordinate external technical assistance and equipment support for search and rescue operations. I. Terrorist Incident Response. 1) Primary responsibility for this function is assigned to the Police Chief(s) and/or Sheriff who, with assistance from the EMCs, will prepare and maintain Annex V (Terrorist Incident Response)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Coordinate and carry out defensive anti-terrorist activities, including criminal intelligence, investigation, protection of facilities, and public awareness activities. b) Coordinate and carry out offensive counter-terrorist operations to neutralize terrorist activities. c) Carry out terrorism consequence operations conducted in the aftermath of a terrorist incident to save lives and protect public and private property. Ver 2024 BP-21 03/24 d) Ensure required notification of terrorist incidents is made to state and federal authorities. 6. Support Services Responsibilities. a. Shelter and Mass Care. 1) Primary responsibility for this function is assigned to the EMCs who will prepare and maintain Annex C (Shelter and Mass Care) to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Perform emergency shelter and mass care planning. b) Coordinate and conduct shelter and mass care operations with our other departments, relief agencies, and volunteer groups. b. Public Information. 1) Primary responsibility for this function is assigned to the Chief Elected Officials and County, City and/or Texas A&M University Public Information Officers who, with assistance from the EMCs will prepare and maintain Annex I (Public Information)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Establish a Joint`Information Center(JIG). b) Conduct on-going hazard awareness and public education programs. c) Pursuant to the Joint Information System (JIS), compile and release information and instructions for the public during emergency situations and respond to questions relating to emergency operations. d) Provide information to the media and the public during emergency situations. e) Arrange for media briefings. f) Compiles print and photo documentation of emergency situations. c. Recovery. 1) Primary responsibility for this function is assigned to the EMCs and/or Finance Director(s) and Tax Assessor. The EMCs will prepare and maintain Annex J (Recovery)to this plan and supporting SOGs. 2) Emergency tasks to.be performed include: a) Establish and train a damage assessment team using local personnel. Coordinate the efforts , of that team with state and federal damage assessment personnel who may be dispatched to assist us. b) Assess and compile information on damage to public and private property and needs of disaster victims and formulate and carry out programs to fill those needs. • • Ver 2024 BP-22 03/24 c) If damages are beyond our capability to deal with, compile information for use by our elected officials in requesting state or federal disaster assistance. d) If we are determined to be eligible for state or federal disaster assistance, coordinate with state and federal agencies to carry out authorized recovery programs. d. Public Works & Engineering. 1) Primary responsibility for this function is assigned to the County Engineer and/or City Public Works Director(s) who, with assistance from the EMC, will prepare and maintain Annex K (Public Works & Engineering) to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Protect government facilities and vital equipment where possible. b) Assess damage to streets, bridges, traffic control devices, and other public facilities. c) Direct temporary repair of vital facilities. d) Restore damaged roads and bridges. e) Restore waste treatment and disposal systems. f) Arrange for debris removal. g) General damage assessment support. h) Building inspection support. i) Provide specialized equipment to support emergency operations. j) Support traffic control and search and rescue operations. e. Utilities. 1) Primary responsibility for this function is assigned to the Public Utilities Director(s)who, with assistance from the EMCs, will prepare and maintain Annex L (Energy and Utilities)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Prioritize restoration of utility service to vital facilities and other facilities. b) Arrange for the provision of emergency power sources where required. c) Identify requirements for emergency drinking water and portable toilets to the department or agency responsible for mass care. d) Assess damage to, repair, and restore public utilities. e) Monitor recovery activities of privately owned utilities. f. Resource Management.. 1) Primary responsibility for this function is assigned to the EMCs, who will seek guidance and assistance as needed from Human Resources Directors, Finance Directors, and Purchasing Officials. The EMCs will prepare and maintain Annex M (Resource Management)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: Ver 2024 BP-23 03/24 a) Maintain an inventory of emergency resources. b) During emergency operations, locates supplies, equipment,and personnel to meet specific needs. c) Maintain a list of suppliers for supplies and equipment needed immediately in the aftermath of an emergency. d) Establish emergency purchasing procedures and coordinate emergency procurements. e) Establish and maintain a manpower reserve and coordinate assignment of reserve personnel to departments and agencies that require augmentation. f) Coordinate transportation, sorting, temporary storage, and distribution of resources during emergency situations. g) Establish staging areas for resources, if required. h) During emergency operations, identify to the Donations Management Coordinator those goods, services, and personnel that are needed. i) Maintain records of emergency-related expenditures for purchases and personnel. g. Human Services. 1) Primary responsibility for this function is assigned to the EMCs, who will seek guidance and assistance as needed from local volunteer groups and/or organized disaster relief agencies. EMCs will prepare and maintain Annex 0 (Human Services)to this plan and supporting SOGs. •2) Emergency tasks to be performed include: a) Identify emergency feeding sites. b) Identify sources of clothing for disaster victims. c) Secure emergency food supplies. d) Coordinate the operation of shelter facilities, whether operated by local government, local volunteer groups, or organized disaster relief agencies such as the American Red Cross. e) Coordinate special care requirements for disaster victims such as the aged, functional and access needs individuals, and others. f) Coordinate the provision of disaster mental health services to disaster victims, emergency workers, and/or others suffering trauma due to the emergency incident/disaster. h. Hazard Mitigation. 1) The primary responsibility for this function is assigned to the EMCs, who with assistance from the Hazard Mitigation Coordinator, will prepare and maintain Annex P (Hazard Mitigation)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Maintain the local Hazard Analysis. b) Identify beneficial pre-disaster hazard mitigation projects and seek approval from local officials to implement such projects. Ver 2024 BP-24 03/24 c) In the aftermath of an emergency, determine appropriate actions to mitigate the situation and coordinate implementation of those actions. d) Coordinate and carry out post-disaster hazard mitigation program. i. Transportation. 1) The primary responsibility for this function is assigned to the EMCs and Transportation Director(s)/Supervisor(s) who will prepare and maintain Annex S (Transportation)to this plan and supporting SOGs. 2) Emergency tasks to be performed include: • a) Identifies local public and private transportation resources and coordinates their use in emergencies. b) Coordinates deployment of transportation equipment to support emergency operations. c) Establishes and maintains a reserve pool of drivers, maintenance personnel, parts, and tools. d) Maintains records on use of transportation equipment and personnel for purpose of possible reimbursement. j. Donations Management. 1) The primary responsibility for this function is assigned to The Salvation Army, who, with assistance from the EMC(s), will prepare and maintain Annex T (Donations Management) to this plan and supporting SOGs. The United Way of the Brazos Valley will be tasked with soliciting and managing financial donations. 2) Emergency tasks to be performed include: a) Compile resource requirements identified by the Resource Management staff. b) Solicit donations to meet known needs. c) Establish and implement procedures to receive, acceptor turn down offers of donated goods and services, and provide instructions to donors of needed goods or services. d) In coordination with the Resource Management staff, establish a facility to receive, sort, and distribute donated goods. k. Legal. 1) The primary responsibility for this function is assigned to the City Attorney and/or County Attorney and/or Texas A&M University System Office of General Council who, with assistance from the EMC(s), will prepare and maintain Annex U (Legal). to this plan and supporting SOGs. 2) Emergency tasks to be performed include: a) Advise local officials on emergency powers of local government and procedures for invoking those measures. Ver 2024 BP-25 03/24 b) Review and advise our officials on possible legal issues arising from disaster operations. c) Prepare and/or recommend legislation to implement the emergency powers . that may be required during an emergency. d) Advise local officials and department heads on record-keeping requirements and other documentation necessary for the exercising of emergency powers. I. Department and agency heads that are not assigned a specific function in this plan will be prepared to make their resources available for emergency duty at the direction of their chief elected official(s). 7. Volunteer& Other Services. a. Volunteer Groups. The following are local volunteer agencies that can provide disaster relief services and traditionally have coordinated their efforts with our local government: 1) HEART OF TEXAS Chapter of the American Red Cross, office is located in Bryan and Waco, Texas. Provides shelter management, feeding at fixed facilities and through mobile units, first aid, replacement of eyeglasses and medications, provision of basic clothing, and limited financial assistance (if available) to those affected by emergency situations. The Red Cross also provides feeding for emergency workers. 2) The Salvation Army. Provides emergency assistance to include mass and mobile feeding, temporary shelter, counseling, missing person services, medical assistance, and the warehousing and distribution of donated goods- including food clothing, and, household items. Also provides referrals to government and private agencies for special services. 3) Southern Baptist Convention Disaster Relief. Provides mobile feeding units staffed by volunteers. Active in providing disaster childcare, the agency has several mobile childcare units. Can also assist with ' clean-up activities, temporary repairs, reconstruction, counseling, and bilingual services. 4) ARES/RACES. The Amateur Radio Emergency Service/Radio Amateur Civil Emergency Service provides amateur radio support for emergency operations, including communications support in the EOC. b. Business Support. There are no pre-positioned contracts with the following local businesses, but these companies have previously agreed to provide support for emergency operations: Ver 2024 BP-26 03/24 1) HEB 2) Lowes 3) Home Depot 4) Walmart VII. DIRECTION AND CONTROL A. General 1. The County Judge and/or Mayor(s), and/or the University Chief Operating Officer is responsible for establishing objectives and policies for emergency management and providing general guidance- for disaster response and recovery operations, all in compliance with the NIMS. During disasters, the CEOs) may carry out those responsibilities from the EOC. 2. The EMC(s) will provide overall direction of the response activities of all our departments. During major emergencies and disasters, he/she will normally carry out those responsibilities from the EOC. 3. The EMC(s)will manage the EOC. 4. The Incident Commander, assisted by a staff sufficient for the tasks to be performed, will manage the emergency response at an incident site. 5. During emergency operations, department heads retain administrative and policy control over their employees and equipment. However, personnel and equipment will carry out mission assignments directed by the incident commander. Each department and agency are responsible for having its own operating procedures to be followed during response operations, but interagency procedures, such as common communications protocol, may be adopted to facilitate a coordinated effort. 6. If our own resources are insufficient or inappropriate to deal with an emergency situation, we may request assistance from other jurisdictions, organized volunteer groups, or the State. The process for requesting State or federal assistance is covered in section V.F of this plan; see also the Request for Assistance form in Annex M, Appendix-3. External agencies are expected to conform to the general guidance and direction provided by our senior decision-makers. B. Emergency Facilities 1. Incident Command Post. Except when an emergency situation threatens, but has not yet occurred, and those situations for which there is no specific hazard impact site (such as a severe winter storm or area-wide utility outage), an incident command post or command posts will be established in the vicinity of the incident site(s). As noted previously, the incident commander will be responsible for directing the emergency responseand managing the resources at the incident scene. Ver 2024 BP-27 03/24 2. Emergency Operating Center (EOC). When major emergencies and disasters have occurred or appear imminent, we will activate our EOC, which is located in Bryan, TX near the Brazos County Courthouse. 3. The following individuals are authorized to activate the EOC: a. County Judge and/or EMC b. Mayor(s), City Manager(s) and/or the EMC(s) c. University President, University Chief Operating Officer and/or University EM personnel 4. The general responsibilities of the EOC are to: a. Assemble accurate information on the emergency situation and current resource data to allow local officials to make informed decisions on courses of action. b. Working with representatives of emergency services, determine and prioritize required response actions and coordinate their implementation. c. Provide resource support for emergency operations. d. Suspend or curtail government services, recommend the closure of schools and businesses, and cancellation of public events. e. Organize and activate large-scale evacuation and mass care operations. f. Provide emergency information to the public. 5. Representatives of those departments and agencies assigned emergency functions in this plan will staff the EOC. EOC operations are addressed in Annex N (Direction and • Control). The interface between the EOC and the incident command post is described in paragraph V.E above. 6. Our alternate EOC is located at Kyle Field Command, 756 Houston Street, on the Texas A&M University Campus in College Station, TX. This facility will be used if our primary EOC becomes unusable. 7. We have a mobile command and control vehicle, operated by the City of Bryan Fire Department, which may be used as an incident command post. C. Line of Succession • 1. The line of succession for the County Judge is: a. County Judge b. County Judge Pro-Tem c. County Commissioners (in order of their seniority on the Commissioners' Court) 2. The line of succession for the Mayor is: Ver 2024 BP-28 03/24 a. Mayor b. Mayor Pro-Tern c. City Council Members (in order of their seniority on the City Council) 3. The line of succession for the City Manager(s) is: a. City Manager b. Deputy/Assistant City Manager c. Assistant City Manager(City of College Station); Public Works Director(City of Bryan) 4. The line of succession for the Texas A&M Chief Operating Officer is: a. -Chief Operating Officer b. Executive Director of Emergency Management c. Associate Director and/or Assistant Director of Emergency Management 5. The line of succession for the Emergency Management Coordinator is: a.. Emergency Management Coordinator b. Deputy EMC or Assistant EMC c. EMC from our interjurisdictional partners; Fire Chief or Assistant Fire Chief (City of Bryan) 6. The lines of succession for each of our department and agency heads shall be in accordance with the SOGs established by those departments and agencies. VIII. READINESS LEVELS A. Many emergencies follow some recognizable build-up period during which actions can be taken to achieve a gradually increasing state of readiness. We use a four-tier system. Readiness Levels will be determined by the County Judge, and/or Mayors or, for certain circumstances, the Emergency Management Coordinator. General actions to be taken at each readiness level are outlined in the annexes to this plan; more specific actions will be detailed in departmental or agency SOPs/SOGs. B. The following Readiness Levels will be used as a means of increasing our alert posture. 1. Level 4: Normal Conditions a. Emergency incidents occur and local officials are notified. One or more departments or agencies respond to handle the incident; an incident command post may be established. Limited assistance may be requested from other jurisdictions pursuant to established inter-local agreements. b. The normal operations of the government are not affected. 2. Level 3: Increased Readiness Ver 2024 BP-29 • 03/24 a. Increased Readiness refers to a situation that presents a greater potential threat than "Level 4" but poses no immediate threat to life and/or property. Increased readiness actions may be appropriate when the situations like the following occur: • 1) Tropical Weather Threat. A tropical weather system has developed that has the potential to impact the local area. Readiness actions may include regular situation monitoring, a review of plans and resource status, determining staff availability and placing personnel on call. 2) Tornado Watch. indicates possibility of tornado development. Readiness actions may include increased situation monitoring and placing selected staff on alert. 3) Flash Flood Watch. indicates flash flooding is possible due to heavy rains occurring or expected to occur. Readiness actions may include increased situation-monitoring, reconnaissance of known trouble spots, deploying warning signs. 4) Wildfire Threat. During periods of extreme wildfire threat, readiness actions may include deploying additional resources to areas most at risk, arranging for standby commercial water tanker support, conducting daily aerial reconnaissance, or initiating burn bans. 5) Mass Gathering. For mass gatherings with or without a previous history of problems, readiness actions may include reviewing security, traffic control, fire protection, and first aid planning with organizers and determining additional requirements. b. Declaration of "Level 3" will generally require the initiation of the "Increased Readiness" activities identified in each annex td this plan. 3. Level 2: High Readiness a. High Readiness refers to a situation with a significant potential and probability of causing loss of life and/or property. This condition will normally require some degree of warning to the public. Actions could be triggered by severe weather warning information issued by the National Weather Service such as: 1) Tropical Weather Threat. A tropical weather system may impact the local area within 72 hours. Readiness actions may include continuous storm monitoring, identifying worst-case decision points, increasing preparedness of personnel and equipment, updating evacuation checklists, verifying evacuation route status, and providing the public information for techniques to protect homes and businesses on the evacuation routes. 2) Tornado Warning. Issued when a tornado has been sighted in the vicinity or indicated by radar and might strike in the local area. Readiness actions may include activating the EOC, continuous situation monitoring, and notifying the public about the warning. Ver 2024 BP-30 03/24 3) Flash Flood Warning. Issued to alert persons that flash flooding is imminent or occurring on certain steams or designated areas, and immediate action should be taken. Readiness actions may include notifying the public about the warning, evacuating low-lying areas, opening emergency shelters to house evacuees, and continuous situation monitoring. • 4). Winter Storm Warning. Issued when heavy snow, sleet, or freezing rain are forecast to occur separately or in a combination. Readiness actions may include preparing for possible power outages, putting road crews on stand-by to clear and/or sand the roads, and continuous situation monitoring. 5) Mass Gathering. Civil disorder with relatively large-scale localized violence is imminent. Readiness actions may include increased law enforcement presence, putting hospitals and fire departments on alert, and continuous situation monitoring. b. Declaration of a "Level 2" will generally require the initiation of the "High Readiness" activities identified in each annex to this plan. 4. Level 1: Maximum Readiness a. Maximum Readiness refers to a situation where hazardous conditions are imminent. This condition denotes a greater sense of danger and urgency than associated with a "Level 2" event. Actions could also be generated by severe weather warning information issued by the National Weather Service combined with factors making the event more imminent. 1) Tropical Weather Threat. The evacuation decision period is nearing for an approaching tropical weather system that may impact the local area. Readiness actions may include continuous situation monitoring, full activation of the EOC, recommending precautionary actions for special facilities, pre-positioning emergency personnel and equipment for emergency operations, and preparing public transportation resources for evacuation support. 2) Tornado Warning. A tornado has been sighted 'close to a populated area or is moving toward a populated area. Readiness actions may include taking immediate shelter and putting damage assessment teams on stand-by. '3) Flash Flood Warning. Flooding is imminent or is occurring at specific locations. Readiness actions may include evacuations, putting rescue teams on alert, sheltering evacuees and/or others displaced by the flooding and continuous monitoring of the situation. . 4) Mass Gathering. Civil disorder is about to erupt into large-scale and widespread violence. Readiness actions may include having all EMS units on stand-by, all law enforcement present for duty, notifying the DDC that assistance may be needed and keeping them apprised of the situation, and continuous situation monitoring is required. Ver 2024 BP-31 03/24 b. Declaration of "Level 1" will generally require the initiation of the "Maximum Readiness" activities identified in each annex to this plan. IX. ADMINISTRATION AND SUPPORT A. Agreements and Contracts 1. Should our local resources prove to be inadequate during an emergency, requests will be made for assistance from other local jurisdictions, other agencies, and industry in accordance with existing mutual-aid agreements and contracts and those agreements and contracts entered into during the emergency. . Such assistance may include equipment, supplies, or personnel. All agreements will be entered into by authorized officials and should be in writing whenever possible. Agreements and contracts should identify the local officials authorized to request assistance pursuant to those documents. 2. In an effort to facilitate assistance pursuant to mutual aid agreements, our available resources are identified. 3. The agreements and contracts pertinent to emergency management(that we are a party to)are summarized in Attachment 6. B. Reports 1. Hazardous Materials Spill Reporting. If we are responsible for a release of hazardous materials of a type or quantity that must be reported to state and federal agencies, the department or agency responsible for the spill shall make the required report. See Annex Q (Hazardous Materials and Oil Spill Response) for more information. If the party responsible for a reportable spill cannot be located, the Incident Commander shall ensure that the required report(s)are made. 2. Initial Emergency Report. This short report should be prepared and transmitted by the EOC when an on-going emergency incident appears likely to worsen and we may need assistance from other local governments or the State. See Annex N (Direction and Control)for the format and instructions for this report. 3. Situation Report. A daily situation report should be prepared and distributed by the EOC during major emergencies or disasters. See Annex N (Direction and Control) for the format of and instructions for this report. 4. Other Reports. Several other reports covering specific functions are described in the annexes to this plan. C. Records 1. Record Keeping for Emergency Operations Our local governments are responsible for establishing the administrative controls necessary to manage the expenditure of funds and to provide reasonable accountability Ver 2024 BP-32 03/24 and justification for expenditures made to support emergency operations. This shall be done in accordance with. the established local fiscal policies and standard cost accounting procedures. a. Activity Logs. The Incident Command Post and the EOC shall maintain accurate logs • recording key response activities, including: 1) Activation or deactivation of emergency facilities. 2) Emergency notifications to other local governments and to state and federal agencies. 3) Significant changes in the emergency situation. 4) Major commitments of resources and/or requests for additional resources from external sources. 5) Issuance of protective action recommendations to the public. 6) Evacuations and road closures/impacts 7) Casualties. 8) Containment or termination of the incident. b. Incident Costs. All departments and agencies shall maintain records summarizing the use of personnel, equipment, and supplies during the response to day-to-day incidents to obtain an estimate of annual emergency response costs that can be used as in preparing future department or agency budgets. c. Emergency or Disaster Costs. For major emergencies or disasters, all departments and agencies participating in the emergency response shall maintain detailed records of costs for emergency operations to include: 1) Personnel costs, especially overtime costs 2) Equipment operations costs 3) Costs for leased or rented equipment 4) Costs for contract services to support emergency operations 5) Costs of specialized supplies expended for emergency operations These records may be used to recover costs from the responsible party or insurers or as a basis for requesting financial assistance for certain allowable response and recovery costs from the state and/or federal government. 2. Preservation of Records a. In order to continue normal government operations following an emergency situation or disaster, vital records must be protected. These include legal documents as well as property and tax records. The principal causes of damage to records are fire and water; therefore, essential records should be protected accordingly. Each agency responsible for the preparation of annexes to this plan will include protection of vital records in its SOPs/SOGs. b. If records are damaged during an emergency situation, we will seek professional assistance to preserve and restore them. Ver 2024 BP-33 03/24 • D. Training • It will be the responsibility of each agency director/department head to ensure that agency personnel, in accordance with the NIMS, possess the level of training, experience, credentialing, currency, physical and medical fitness, or capability for any positions they are tasked to fill. E. Consumer Protection Consumer complaints regarding alleged unfair or illegal business practices often occur in the aftermath of a disaster. Such complaints will be referred to the County and/or City Attorney, who will pass such complaints to the Consumer Protection Division of the Office of the'Attorney General. F. Post-Incident and Exercise Review The EMCs are responsible for organizing and conducting a critique following the conclusion of a significant emergency event/incident or exercise. The After Action Report (AAR) will entail both written and verbal input from all appropriate participants. An Improvement Plan will be developed based on the deficiencies identified, and an individual, department, or agency will be assigned responsibility for correcting the deficiency and a due date shall be established for that action. X. PLAN DEVELOPMENT AND MAINTENANCE• A. Plan Development The County Judge, Mayors, and TAMU Chief Operating Officer are responsible for approving and promulgating this plan. B. Distribution of Planning Documents 1. The Basic Plan and annexes to the Brazos County Interjurisdictional Plan are updated and then uploaded to bcdem.org/emergency/plans so that any individuals, departments, agencies, and organizations tasked in the Plan can have access readily to those documents. On occasion, certain information in the annexes may be redacted and copies should be distributed accordingly. A hard copy of the plan should be kept on hand at the CEOC in event access to critical infrastructure is lost. 2. The Basic Plan should include a distribution list (See Attachment 1 to this plan) that indicates who should receive notification of updates or changes to the Basic Plan and the various annexes to it. In general, individuals who receive annexes to the basic plan should also receive a copy of this plan, because the Basic Plan describes our emergency management organization and basic operational concepts. In some cases, the plan may be distributed electronically or via the Internet. C. Review The Basic Plan and its annexes shall be reviewed annually by local officials. The EMCs will establish a schedule for annual review of planning documents by those tasked in them. Ver 2024 BP-34 03/24 D. Update 1. This plan will be updated based upon deficiencies identified during actual emergency situations, exercises, and when changes in threat hazards, resources and capabilities, or government structure occur. 2. The Basic Plan and its annexes must be revised or updated by a formal change at least every five years. Responsibility for revising or updating the Basic Plan is assigned to the EMCs. Responsibility for revising or updating the annexes to this plan is outlined in Section VI.B, Assignment of Responsibilities, as well as in each annex. For details on the methods of updating planning documents as well as more information on when changes should be made, refer to Chapter 3 of the Texas Division of Emergency Management(TDEM) Local Emergency Management Planning Guide(TDEM-10). 3. Revised or updated planning documents will be provided to all departments, agencies, and individuals tasked in those documents. 4. §418.043(4) of the Government Code provides that TDEM shall review local emergency management plans. The process for submitting new or updated planning documents to TDEM is described in Chapter 6 of the TDEM-10. The Brazos County EMC is responsible for submitting copies of planning documents to our TDEM Plans Section for review. This may be done electronically. ATTACHMENTS: 1. Distribution List 2. References 3. Organization for Emergencies • 4. Functional Responsibility Matrix • 5. Annex Assignments 6. Summary of Agreements & Contracts 7. National Incident Management System • Ver 2024 BP-35 03/24 ATTACHMENT 1 - DISTRIBUTION LIST • WILL BE DISTRIBUTED ELECTRONICALLY THROUGH THE BRAZOS COUNTY EMERGENCY MANAGEMENT WEBSITE Jurisdiction/Agency Plan Basic Plan Annexes EOC - Yes Al County Judge/Mayors Yes Al City Managers Yes Al Each County Commissioner Yes Al EMCs Yes Al City Secretary/Asst. to the Judge Yes Al County Sheriff Yes Al Police Chiefs Yes Al Each Constable Yes Al Fire Chiefs/Fire Marshals Yes Al Community Supervision Yes Al County Health Officer Yes Al Finance Directors/Tax Assessor Yes Al City Public Works Directors/County Engineer Yes Al _ Public Utilities Directors Yes Al Human Resources Directors Yes Al County/City Attorneys Yes Al Justices of the Peace Yes Al RACES Group Yes Al St Joseph's Hospital —Bryan & College Station Yes • Al The Physician's Center Yes Al Baylor Scott&White YES Al County/City Animal Control - Yes Al ISD Transportation Directors Yes Al Independent School Districts Yes Al Brazos County L.E.P.C. Yes Al American Red Cross Yes Al The Salvation Army Yes Al Victim Relief Ministries Yes Al Brazos Valley Transit Authority Yes Al TDEM District Chief Yes Al D.P.S. Captain, Bryan Yes Al Brazos Valley V.O.A.D. Yes Al • Ver 2.0 BP-1-1 • 05/05 ATTACHMENT 2 REFERENCES 1. Texas Department of Public Safety, Texas Division of Emergency Management, Local Emergency Management Planning Guide, TDEM-10 2. Texas Department of Public Safety; Texas Division of Emergency Management, Disaster Recovery Manual 3. Texas Department of Public Safety, Texas Division of Emergency Management, Mitigation Handbook 4. FEMA, Independent Study Course, IS-288: The Role of Voluntary Organizations in Emergency Management 5. FEMA, Comprehensive Preparedness Guide (CPG-101) 6. U. S. Department of Homeland Security, National Response Plan 7. 79th Texas Legislature, House Bill 3111 • Ver 2.0 BP-2-1 05/05 ATTACHMENT 3 POLICY GROUP EOC REGIONAL E0Cs, (CEOs) •MANAGER MACC,DDC, ORGANIZATION FOR (FM(sl SOC EMERGENCY MANAGEMENT PUBLIC LIAISON INFORMATION HAMOC (HEALTH& MEDICAL) LOGISTICS PLANNING FINANCE/ADMIN SECTION SECTION SECTION HEALTH/WELFARE PUBLIC SAFETY INFRASTRUCTURE SITUATION UNIT BRANCH BRANCH BRANCH AG&NATURAL LAW ENERGY DOCUMENTATION INVESTIGATION RESOURCES ENFORCEMENT UNIT AND INTELLIGENCE ____ HEALTH& EMS TRANSPORTATION RESOURCE UNIT MEDICAL MASS CARE FIREFIGHTING PUBLIC WORKS& RECOVERY ENGINEERING RED CROSS CSISD TECHNICAL HAZMAT SEARCH& SPECIALIST SALVATION BISD RESCUE • ARMY GIS IT TAMU Comm. Ver 2.0 BP-3-1 05/05 ATTACHMENT 4 EMERGENCY MANAGEMENT FUNCTIONAL RESPONSIBILITIES a) o U) a) c c U) •c o c .. O c N 0co c 0 o C. ° W rn o w o a = m o an d E '5 'U o o g a, - y o m v m o - o m s c °� c cis '' w 8 co Cl) 2 *5 63 o o o E a) O 7 rn W w U > V a) 7 :�, coC E 10 CO ` 0 o co 0 �0 o t coo > E a, a Ei aoi = m E m m ai c`o o m aa, 0 Cl) D: W iL J 2 rL c2 d 5 tr 0 T 1 2 Cl) 1- 0 -J 1— Co:Judge/Mayor/Univ Exec SSSSSSSSPSSSSPSSSSSSSS Asst. to County Judge/City S S S S Manager/Asst. VP Safety Security EMC SCP CS CCCCPCCPCPPCCPSCC Law Enforcement PPSSPSP S S S S S S P Fire Service SSSPSP S S S P P S S Public Works/Univ. Facilities SSSS S SPSSS S S S S Utilities S S P S S S S S S Health&Medical Services S S S P S S S SSSS S Human Services S S S S S S S Community Services S S S S S S S S Human Resources S S Tax Assessor/Finance Dir. S S S S Transportation/ISD S S S S S S S City/County Attorney's S S S S P S Office/TAMUS OGC Search&Rescue S S S S Salvation Army S P American Red Cross S , P—INDICATES PRIMARY RESPONSIBILITY S—INDICATES SUPPORT RESPONSIBILITY C—INDICATES COORDINATION RESPONSIBILITY Ver 2.0 BP-4-1 05/05 ATTACHMENT 5 ANNEX ASSIGNMENTS ANNEX ASSIGNED TO: Annex A: Warning Police Chiefs/County Sheriff Annex B: Communications Police Chiefs/County Sheriff Annex C: Shelter& Mass Care American Red Cross/EMCs Annex D: Radiological Protection Fire Chiefs Annex E: Evacuation Police Chiefs/County Sheriff Annex F: Firefighting Fire Chiefs/Fire Marshal Annex G: Law Enforcement Police Chiefs/County Sheriff Annex H: Health and Medical Services County Health Authority Annex I: Public Information CEOs/PIOs Annex J: Recovery EMCs Annex K: Public Works& Engineering Public Works Directors/County Engineer Annex L: Utilities Public Utilities Directors Annex M: Resource Management EMCs Annex N: Direction & Control CEOs/EMCs Annex 0: Human Services EMCs Annex P: Hazard Mitigation EMCs Annex Q: Haz-Mat& Oil Spill Response Fire Chiefs Annex R: Search & Rescue Fire Chiefs Annex S: Transportation EMCs Annex T: Donations Management The Salvation Army Annex U: Legal City/County Attorneys Annex V: Terrorist Incident Response Police Chiefs/County Sheriff • Ver 2.0 BP-5-1 05/05 ATTACHMENT 6 SUMMARY OF AGREEMENTS&CONTRACTS Agreements Brazos County and the cities within Brazos County have Mutual Aid Agreements in place with all jurisdictions in our 7-county region (Brazos Valley Region). Contracts • Brazos County has no pre-positioned contracts for emergency management activities but has numerous vendor agreements through our Purchasing Department that will be used as needed during any disaster/event. Ver 2.0 BP-6-1 05/05 ATTACHMENT 7 NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) SUMMARY A. BACKGROUND 1. NIMS is a comprehensive, national approach to incident management that is applicable to all jurisdictional levels and across functional disciplines. This system is suitable across a wide range of incidents and hazard scenarios, regardless of size or complexity. It provides a flexible framework for all phases of incident management, as well as requirements for processes, procedures, and systems designed to improve interoperability. 2. NIMS is a multifaceted system that provides a national framework for preparing for, preventing, responding to, and recovering from domestic incidents. B. COMPONENTS 1. Command and Management. The incident management structures employed by NIMS can be used to manage emergency incidents or non-emergency events such as celebrations. The system works equally well for small incidents and large-scale emergency situations. The system has built-in flexibility to grow or shrink depending on current needs. It is a standardized system, so personnel from a variety of agencies and geographic locations can be rapidly incorporated into a common management structure. a. Incident Management System. A system that can be used to manage emergency incidents or non-emergency events such as celebrations. 1) FEATURES OF ICS ICS has a number of features that work together to make it a real management system. Among the primary attributes of ICS are: a) Common Terminology. ICS requires the use of common terminology, such as the use of standard titles for facilities and positions within an organization, to ensure efficient and clear communications. b) Organizational Resources. All resources including personnel, facilities, major equipment, and supply items used to support incident management activities must be "typed"with respect to capability. This typing will minimize confusion and enhance interoperability. c) Manageable Span of Control. Span of control should ideally vary from three to seven. Anything less or more requires expansion or consolidation of the organization. d) Organizational Facilities. Common terminology is used to define incident facilities, the activities conducted at these facilities, and the organizational positions that can be found working there. Ver 2.0 BP-7-1 05/05 e) Use of Position Titles. Ali ICS positions have distinct titles. f) Reliance on an Incident Action Plan. The incident action plan, which may be verbal or written, is intended to provide supervisory personnel with a.common understanding of the situation and direction for future action. The plan includes a statement of objectives, organizational description, assignments, and support material such as maps. Written plans are desirable when two or more jurisdictions are involved, when state and/or federal agencies are assisting local response personnel, or when there has been significant turnover in the incident staff. g) Integrated Communications. Integrated communications include interfacing disparate communications as effectively as possible, planning for the use of all available systems and frequencies, and requiring the use of clear text in communications. h) Accountability. ICS is based on an orderly chain of command, check-in for all responders, and only one supervisor for each responder. 2) UNIFIED COMMAND a) Unified Command is a variant of ICS used when there is more than one agency or jurisdiction with responsibility for the incident or when personnel and equipment from a number of different agencies or jurisdictions are responding to it. This might occur when the incident site crosses jurisdictional boundaries or when an emergency situation involves matters for which state and/or federal agencies have regulatory responsibility or legal requirements. b) ICS Unified Command is intended to integrate the efforts of multiple agencies and jurisdictions. The major change from a normal ICS structure is at the top. In a Unified command, senior representatives of each agency or jurisdiction responding-to the incident collectively agree on objectives, priorities, and an overall strategy or strategies to accomplish objectives; approve a coordinated Incident Action Plan; and designate an Operations Section Chief. The Operations Section Chief is responsible for managing available resources to achieve objectives. Agency and jurisdictional resources remain under the administrative control of their agencies or jurisdictions but respond to mission assignments and direction provided by the Operations Section Chief based on the requirements of the Incident Action Plan. 3) AREA COMMAND a) An Area Command is intended for situations where there are multiple incidents that are each being managed by an ICS organization or to oversee the management of large or multiple incidents to which several Incident Management Teams have been assigned. Area Command becomes Unified Area Command when incidents are multijurisdictional. b) The organization of an"Area Command is different from a Unified Command in that there is no operations section, since all operations are conducted on- scene, at the separate ICPs. Ver 2.0 BP-7-2 05/05 4) Multiagency Coordination Systems. Multiagency coordination systems may be required for incidents that require higher level resource management or information management. The components of multiagency coordination systems • include facilities, equipment, EOCs, specific multiagency coordination entities, personnel, procedures, and communications; all of which are integrated into a common framework for coordinating and supporting incident management. 5) Incident Complex. Incident Complex are two or more distinct incidents in the same general area that, by management action, are managed under a single incident commander or unified command in order to improve efficiency and simplify incident management processes. 6) Public Information. The NIMS system fully integrates the ICS Joint Information System (WS) and the Joint Information Center (JIC). The JIC is a physical location where public information staff involved in incident management activities can co-locate to perform critical emergency information, crisis communications, and public affairs functions. More information on JICs can be obtained in the DHS National.Incident Management System Plan, dated March 2004. 7) Preparedness. Preparedness activities include planning, training, and exercises as well as certification of response personnel, and equipment acquisition and certification. Activities would also include the creation of mutual aid agreements and Emergency Management Assistance Compacts. Any public information activities such,as publication management would also be preparedness activities. 8) Resource Management. All resources, such as equipment and personnel, must be identified and typed. Systems for describing, inventorying, requesting, and tracking resources must also be established. 9) Communications and Information Management. Adherence to NIMS specified standards by all agencies ensures interoperability and compatibility in communications and information management. 10)Supporting Technologies. This would include any technologies that enhance the capabilities essential to implementing the NIMS. For instance, voice and data communication systems,resource tracking systems, or data display systems. 11)Ongoing Management and Maintenance. The NIMS Integration Center provides strategic direction and oversight in support of routine review and continual refinement of both the system and its components over the long term. Ver 2.0 BP-7-3 05/05 ,.;:KM'er.'11-:,',7:?.. ,.:_‘.7":;."- i,"..:;,:it..:::::-•:..:'••,,,,4 !...P , • j: - • • . . • . .-' ' ,•. .• ,• •• .••••-.:. :•%.-•r, ti .- • .,g•,vir:n;:`....:•:W.E4:iiii,:.k**-4'.1:f •-..',.•X-.'..'•:.. • • • ' : •. -4::•1:;?"1.-rl- : ."' . ' . ' . : - I . s . . .: . : . . . ' . • FUEL.INTERLOCAL AGREEMENT • • BETWEEN BRAZOS COUNTY and COLLEGE STATION ISD • i This FUEL INTERLOCAL AGREEMENT("ILA")is entered into by and between Brazos County("COuntyl,a local governmental,entity/political subdivision of the State of Texas and College Station Independent School District("CSISD"),a local governmental entity/political subdivision of the State of Texas,collectively referred to as the"Parties". • • . WHEREAS Chapter 791 of the Texas Government Code,also known as the • • - INTERLOCALCOOPERATION ACT,authorizes all local governments to contract with each • • other to provide a goernmental function or•service that each party to•the contract is authorized • to perform individually and in which the contracting parties are mutually interested;and . ; . , . WHEREAS the County is in need of a source of low-priced fuel for its Law •• i Enforcement Vehieles used in the southern half of Brazos County; • WHEREAS CSISD maintains a fuel pumping facility at 9304 Rock Prairie Road, •• College Station,TeXas 77845; ) . • ' WHEREAS the County could realize significant savings to the tax payers by'purchasing • • fuel from CSISD at this facility;and : , •. . - WHEREAS CSISD;is willing to sell fuel to the County from the facility and,in.the event : ., of an emergency, gain access to County fuel reserves if available. • .....:,• . I : .. •-•"! NOW,THEREFORE,in consideration of the recitals and mutual promises and . • :. . .- obligations contained herein,the Parties agree as follows: • " - -• 5 1. County Law EnfOrcement personnel will fuel County vehicles only. . • • • :. , • . . • • • .2. County Law EnfOrcementpersonnel.shall not re-fuel vehicles from 6:00 am through •. , • - -• 9:00 am and froth 2:00 pm through 5:00 pm,unless an emergency situation dictates ,• • • I otherwise. • • •• - • . • I . -.-. • 3. County will abide.by CSISD-operating standards'when operating the fueling station ancl .• ' • electronically controlled gate„including all safety and security measures. . . 1 ; • - : .• .. , . . 4. County will limititheir speed on CSISD property to 10 miles per hour or less at all times. .., . . - --••,.. 5. CSISD will provide the electronic code to the entrance gate,electronic PINS and key FOBs to , •.f - .. , . . v the fueling system and monthly billing for actual fuel dispensed. .• -: • i . • ... . 6. Fuel will be billed to County with no profit or markup,based.on the most recent fuel invoice • . . :•• : for fuel delivered to CSISD. County will be responsible for any supply costs that are required ..-.. ! in the:event of sykteni or equipment changes related to the fuel management system at • - . , • •• • , . . • ,. . piyirn;:::.*,,,:-,, ,;:?1,-;^.:•.:;•:..:•N,,,..-fi?,?:.,,rfi.'N?' r:'f '• r•:'• " : ' • :• . • •,. . -. ., . ,.: • ..... • .: . F.--• .......-i..,:::,•fil::f;,•M,':;3ell ': •:.":.:13.': • : ' •: .• 1 . . 1 ' , - •:-. •, •.".: :.:. . : ;• , . . • i CSISD, CSISD shall nOtify County,in writing,at least 60 days prior to making any system or equipment changes to the CSISD fuel management system. . i 7. Invoice for fuel•Will be sent to County via hard copy or email.and County will pay no later than 30 days:afte,r receipt The invoice will be accompanied.by a report showing fuel usage by indiVidual i'llN1 and key FOB,as well as a copy of the most recent fuel invoice. 1 8. In the event CSISD needs fuel due to an emergency,CSISD will contact the County in writing describing the event that caused.the need,the amount and types of fuel needed,and how long they Will need to be provided with fuel provisions. CSISD will•reimbutse the ' County for the fiiel received within thirty(30)days after receiving,an invoice from.the County. Invoice Will be sent via hard copy or email. Fuel will be billed to CSISD with no profit or mark*based On the most recent fUel invoice. • 9. This ILA does not require the Parties to provide fuel to the.other Party if providing the fuel i will hinder the providing Party's normal or emergency operations. • 1 , 10.Effective Date and Term.This ILA will become effective upon the date of the last . . Party to sign("Effective Date")and shall remain in effect for:an initial term of one(1)year. This ILA will automatically renew for successive one year terms.The initial term plus any . successive terms Shall not exceed a total of three(3)years. • • i 11.Termination.This ILA may be terminated for convenience by any party at anytime provided thirty(30)days written,notice is given,to the other Parties. •- - 12.Amendment This ILA may be amended only as agreed upon by the Parties in writing. However,such:Modifications shall not retroactively alter the terms or conditions in force in: • . . such ways as to jeopardize the successful completion of existing activities.. 1 . , • • 13.Independents Contractors.For the purposes of this ILA and all services to be provided . hereunder,the Ntiess shall be,and shall be deemed to be,independent contractors And not ., . . - i - agents or employees of any other Party.'Isle Party shall have authority to make any s, •• statements,repreSentations or commitments of any kind,or to take any action which shall be -binding on the other Parties, except as may be explicitly provided for herein or authorized in: writing. i . . . : . . . . . 14,Notices.Any notice required or permitted under this ILA must be in writing.Notice may . . . . be given by certified mail,regular mail,personal delivery, courier delivery;facsimile ? • :. r• , transmission, email,or other commercially reasonably means and will be effective when Actually received Brazos County And CSISD may change their respective notice address by sending each Part),a notice of the new address:Notices should be addressed as follows: - . 1 . .• . 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F •,! .,4ic:Ihtei9F1 ' , . , - •.;..•..;'",..:'*.i:.....J•.:••..:.*,..::1-,::...i.:..:;..,..:*..r.'...*-..:-..:..'..,..,4:"!:•''..;:.t.7.:;:.,:..z..:.:-:;!'::'.:.:.':'",..--.....-,.t..I.t..?...s-•.-:-...,:.•..,..:.-.:....,.-.1...i--•2.,i.:.....,.....:....:z:'....-=..i::.:,f...l::.'.:...,.:.' ' •-.. - . - e•:••,..:-...:::-.,:: ;,...4•::-:....,,,,,.. . 3:'•;:',....'•-•:-'•-•••;,'•••: •'.. :..'.• .r.•:.. ' • ..''''.•• . ,.. •-•. . . .. . .'''"-••,,,, ,••••,....., • -.•• . . „ .. . .... . •• • ••••••• • . . .., . .. •• ,• . : ... .. ... • . • '..,.-: , .:- .•• . -•• • • .. . .. . - • •., • -... • ••, , •• ., .. .:•• , . • , .. • - • . . 14„:•>;:r..*.i.:'•• •.. .),.::::'.::',T....:.:._:;..• .- . .• 3i,75'....1\:‘,....1/..';'•:: ::':•1;•'::' :'- ' . • - :,•••i••• • , ....-......•' .• •l•• - ,• •• . ... .• • - • ..., -.: •• • CONTRACT FOR PAYMENT OF COURT FEES BETWEEN BRAZOS COUNTY AND VOYAGES OF CONROE,LLC STATE OF TEXAS COUNTY OF BRAZOS This contract,between Brazos County, a political subdivision of the State of Texas,hereinafter referred to as the County,and Voyages of Conroe,LLC,hereinafter referred to as Voyages,a for-profit organization, is the complete agreement between these two parties.Brazos County is a political entity duly organized and constituted under the laws of the State of Texas and both parties are authorized to enter into this service agreement. WITNESS: WHEREAS,the County is responsible for the initial evaluation of patients and responsible for initial transport to Voyages; and WHEREAS,Voyages has the expertise and knowledge to provide Inpatient treatment services, THEREFORE,the County and Voyages enter into this agreement and agree to the following: I. 1.01 Voyages shall pay Montgomery County Court filing fees for Orders of Protective Custody, hereinafter referred to as OPCs, for patients brought for treatment from Brazos County under Order of Emergency Detention,hereinafter referred to as OED. 1.02 PAM Voyages agrees to provide payment for OED/OPC filing fees for an amount not to exceed $475.00 Fees will be paid by PAM Voyages within 30 days of filing of OPC. If Montgomery County courts sends a statement to Brazos County in error,Brazos County agrees to forward statement to PAM Voyages with 30 days of receipt in order for fee to be paid in a timely manner. • 1.03 The cost for the Montgomery County Court filing for an OPC is$425.00. Voyages agrees to pay that fee on a one-time basis per patient per visit in order to promote continuity of care, acting in the best interest of the patient. This agreement is effective immediately and is in effect until further notice. 1.04 The parties to this agreement may terminate this contract at any time by providing 30 day written notice to the other party. II. 2.01 Voyages will maintain copies of all payments made to the Montgomery County Courts for a period of seven years after the patient is discharged in order to conduct an evaluation of the efficacy of the services performed and in order to collect statistical information. III. 3.01 Each month for the duration that this agreement is in effect, Voyages shall submit to Brazos County a detailed account of the court fees paid and the costs incurred. This report will • include a docket number reference to the patients in the program and the dates the patients entered into inpatient treatment. No personal identifiable information of the patients will be set forth in the report. IV. 4.01 The parties to this agreement may terminate this contract at any time by providing written notice to the other party. 4.02 Any written notice required to be given to either party to this agreement shall be given personally, addressed to the,party at its address as set forth below. Either party may change the address to which written notices are to be delivered by giving the other party written notice in the manner provided in this paragraph. Voyages of Conroe, LLC Brazos County Texas Attn:CEO Duane Peters,County Judge 1317 South Loop 336 West 200 South Texas Avenue, Suite 332 Conroe, Texas 77304 : Bryan,Texas 77803 4.03 Neither party to this agreement will be required to indemnify the other party for any acts or omissions arising out of this agreement. The County does not waive its right to claim Sovereign Immunity. Each party to this contract is an independent agent and neither party can contractually or otherwise legally bind or obligate the other party. 4.04 This Agreement shall have no impact on Voyages' abilities to seek reimbursement from Brazos County under Sections 571.018(h)and (j)of the Health and Safety Code related to refunds of court costs paid or advanced by Voyages for patients for services rendered by Texas Medicaid or by any existing or future mental health authority bed contract if the County receives reimbursement of the OED/OPC filing fees that were owed. 4.05 This contract constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements, understandings,representations,promises, assurances, oral or between the Parties hereto. Executed this the / day of \*V, uakk , 2024. Brazos County oyages of Conroe, LLC By: A g( vU' Duane Peters James V it er County Judge Chief Ejcutive Officer - Brazos County Texas • Texas Dept.of Family Budget for Title IV-E Form 2030 CWIVE and Protective Services Last Updated December 2021 County Child Welfare Services Contract Please,select your County and Budget Effective Date from drop down boxes below: County: `BRAZOS.COUNT.Y.; Contract Number: HHS000285000041 Budget Effective Date:.1011/2024.9130/2025. p Total Estimated Total Aritici ated x-Total k� r Expenses l? A trcrpated • Cost Cate99FY •• s zFederal ;Allocable to County r. Rermbursemen +'Title N-E4 • Match • A. Administration & .. „ 4 :_<: s°. :, I A.1. Direct Personnel Salaries $0.00 $0.00 $0.00 A.2. Direct Personnel Fringe Benefits $0.00 $0.00 $0.00 A.3. Direct Personnel Travel $0.00 $0.00 $0.00 A.4. Direct Materials and Supplies $0.00 $0.00 $0.00 A.5. Direct Equipment $0.00 $0.00 $0.00 A.6. Direct Other Costs $200.00 $25.72 $174.28 Total Administration: $200.00 $25.72 $174.28 . '. . B.1. Title IV-E Training(75%) $3,375.00 $868.05 $2,506.95 B.2. Title IV-E Fostering Connections Training(75%) $0.00 $0.00 $0.00 B.3. Non-Title IV-E Training(50%) $0.00 $0.00 $0.00 Total Training: $3,375.00 $868.05 $2,506.95 C. •Supplementai Foster;CareeMaintenance(SFCM) ,,� ,, w ,;r,..a1 :, . • I Total SFCM: $23,100.00 $14,241.15 $8,858.85 D.•Indir'ect=Costs(if applicable) .: • •1 Total Indirect Costs: $0.00 $0.00 $0.00 $0.00 Grand Total: $26,675.00 $15,134.92 $11,540.08 *Estimated Federal Reimbursement for expenses based on Eligible Population Rate(EPR)during 2nd quarter of the preceding fiscal year. Actual 25.72% reimbursement will be based on EPR in effect for the county during the month in which expenses were • incurred. *Estimated Federal Reimbursement for Supplemental Foster Care Maintenance expenses based on Federal Medicaid Assistance Percentage(FMAP)rate in effect 61.65% during preceding fiscal year. Actual reimbursement will be based on FMAP rate in effect at the time reimbursement is made. Indirect Cost Rate,if applicable(attach a copy of the approved Certificate of Indirect Costs): Contractor C tFcatto Signature Da; Duane Peters .County Judge Printed Name&Title • • Texas Dept.of Family Budget for Title IV-E Form 2030 CWIVE and Protective Services Last Updated December 2021 County Child Welfare Services Contract County: BRAZOS COUNTY Contract Number: HHS000285000041 Budget Effective Date: 10/1/20244130/2025 1.. Regaimstfc!It8;`, Alleals•t Number of ing Training:•••'‘' •(Description and Title) " :al(lacAreI o ,•7. -16,ac:,•0111ent.4to .*al(t:caninbuietio (einottntgrie Employee.g •Total Estimatedtgptqd - • Title IV-E 'Attending ' Cost • )5?7!l ,$,5601.6 • 2 •,$0.00 $3,500.00 $2,625.00 Every Victim Every Time Cnf $40 00 s $0 00 $0.00 $1.000.00 $750.00 •-• • $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 '• •• .; '•• $0.00 $0.00 $ax° $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,375.00 •estimated amount allocable to Title IV-E NOTE: Form 9321 Training Expense Documentation Form must be submitted to DFPS for review/approval by Federal Funds prior to training. • Form 2030 CWIVE Budget for Title IV-E Texas Dept.of Family • and Protective Services Last Updated December 2021 County Child Welfare Services Contract County: BRAZOS COUNTY BudgC eo tn Et rffa ec ct tNi vuempbaetre: Hi 0H1 iS 02 00 02 24 8.95 103 0001 20 04 21 5 Estimated Total Expense* • •••••:. •2: ":•.te44900ti90);-12'. 0.00 Graduation Expenses $250 00 School Supplies • • Reasonable Child Specific Travel $250 00 $23,100.00 Total SFCM Costs: 1.44e TEXAS FFATA CERTIFICATION N502 FORM-4734 `'Department of Family April 2023 4��b and Protective Services The Federal Funding Accountability and Transparency Act(FFATA) annual certification enumerated below represent material facts upon which DFPS relies when reporting information to the federal government required under federal law.If the Department later determines that the subrecipient knowingly rendered an erroneous certification,DFPS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DFPS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances.If the signatory cannot certify all of the statements contained in this section, signatory must provide written notice to DFPS detailing which of the below statements it cannot certify and why. Enter your organization's Unique Entity Identifier(generated by SAM.gov): Enter the parent Unique Entity Identifier, if applicable: t t r V'W:' g kai 'M ,RF Did your organization have gross income,from all sources,of less than$300,000 in your previous tax year? Yes! I No Z N/A El (if entity does not generate income) If your answer is Yes,skip Parts A, B,C,and D and complete Part E. If your answer is No or N/A,complete Parts A and B. PART A.Certification Regarding%of Annual Gross from Federal Awards Did your organization receive 80%or more of its annual gross income from federal awards in the previous tax year? Yes No Z PART B. Certification Regarding Amount of Annual Gross from Federal Awards Did your organization receive$25 million or more in annual gross income from federal awards in the previous tax year? Yes No I I If your answer is Yes to both A and B,you must complete Part C. If your answer is No to either A or B,skip Parts C and D,and complete Part E. PART C. Certification Regarding Public Access to Compensation Information Does the public have access to information about the compensation [17 CFR 229.402(c)(2)] of the senior executives (e.g., officers, managing partners, or any other employees in management positions) in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986? Yes n No N/A I I(if entity reports through some other means,state how:) R '",M ra;ryi tj gj,.... :ji Ma C r.""4M;5 If your answer is Yes,skip Part D and complete Part E. If your answer is No, you must provide compensation information to DFPS for FFATA reporting in Part D. If N/A,you may still be required to supply compensation information pending DFPS or federal awarding agency approval.Skip Part D until requested by DFPS to supply compensation information and proceed to complete Part E. 1of2 /�nFvsy N502 FORM-4734 TES FFATA CERTIFICATION vy'Department of Family April 2023 4,4,0j and Protective Services PART D. Certification Regarding Executive Compensation The Names and Total Compensation of the top five (5) executives if: • More than 80%of annual gross revenues from the Federal government, • Those revenues are greater than$25M annually,and • Compensation information is not already available through reporting to the SEC. Subrecipient Executive Names Total Compensation g �; Fla a x y„ l } z a a w+- t't' 3 x o w ST r' r�,-t yhr^3^+a e Lre l i + t a iv 4 r si s Yx`v',4 �Sw. `� "e"�,>-Wi .��' £ '4 ',.r r a t z , r"z • a 'W"*"10 i'," it4.-,.+,r +''nIn 4 ';5:.a „ _ ▪ nor"i ea t . ,-. . ,,'Y" w-'�- ,�..A+ ,�,n:Y;� r'� �.., ,..i.`w},h".3zr �w-`.k... i.,7a. a 4 .a.�.,'3..t-a., �r�Xa' ' - w:.a�"a'-t'.;r L ; „L P` .', s FV-.; e `7,.„1 , t - ' ', 5 " ,;.".ka , 3 ttTex�.4 ::::s; , 1t -; a, z;p 't ` . ' `'trix�f9l : za4 L4 « jv1 " , c\ ty .. ,4, _ { J ' ,. d o "" �.S -> .,13 — � �'3.f�00'& ; fi 4,54"` lb7s -,. • « qx . rs 't 3R.'', ,l} A' }...� „ S r " 3' ' a * a'F axe at a i i- d o a 'it� ,sz. 4a' k4;' ;vt? � ait ° terss .>_":- 4 ', "'', ",w . .., _ ..- .' ,, *''. , " . 1,, ' , � s 4i ; Y �' s '�� e -- a f4 ,, s ,.Cq!.i h " : ` t.r 1 ' , es.,, ;' `rbl" w,t V4 ,b. Y # " , " s2' � 8 . gaF.'>; r'r A ..,,, 'F; ,• w P. r,,5441.4;.si ^ , i -41.* s rk9 vi > 04.,: , t, ' '''"" " ' , if PART E.General FFATA Certification As the duly authorized representative of the subrecipient named below, I hereby certify that the responses that I have provided to the questions in this certification form are true, complete and correct to the best of my knowledge. '+, a r ors t a - -,C y �' ,,fi�, ,,k' Nfr e} j,i 9 3 "�" y 'n u' '. ; ,. „' yX�3; µ : a «'2 '#sir. ..y o4;A-¢4'kh*:ee. 'e» sVat p ,4 �^f " 7,,,,, '' .r f t rr `z. k.� • ti a€DU a Peters �=a' .a. ha »g ^s t* -.a 4;a*it}A f xa `', �L �T} ,.a ,'a,- • �: `Yst za , S�� _i� e'r',, Cw'�, "' � �. ,� �1 S'�i i7''a'"R �S�t ... ,��z. a t, � �a� �-� '�p'x'sue,. x zY",°'�*n��.. � �.�;�-,4,.1.if +., . pT.-. `s f.,;; " ' t,.w 'r'' S. . r e}6":,rr hf 0-.,3_ 3d + Lva'P- r.41.,..A,,wM,,,,, .:, T Printed Name of Authorized Representative Signature of Authorized Representative R.,-.:3£?J:" �. ,"P 2 "v ti` F 'L fix.s1,.rt t 5 `,� r' „, ,r n,.,rz. T nfi rz� ,,4„„ ,, , k,,s, q'' ,t,� fate"s i▪[ link, zetl,e. 4`Az r p*x, -�'V. „,A':,,,.;,:',r t ., 1 Plk 'e�' i e n x 0t.,1�s.'"""G ? +{u'`• d"i Brazo County Judge ° ,:L �5 ..7 'tf�t tr 4 "}'$', a 'Yn 5r'z b }w }Y �'rt«c K.`i"w a''„'"t'rA . �r f I .t z 1 }`'^ �r 5 z* z a, a r v ace t o :$6 a i}d h ?�+�k S 4:A-.-.'^",-'�,.'.`...�'�%�.'.sam. . � ._•Sg'h„^�;5„a+cE ,.Fe��..- `.,i�"�zr+..:+✓' �'. .. su+ 3 .,:rs- Ft,., ." *.>>a`+ rF , Title of Authorized Representative Date t - t"` f s� ,-,,,,,, ,4 v i 41 ✓'t.-,5+ 4*fir, T.41, z� k- ram.£,^�Gns°'h3'N'4A'�; C 4s„'a lki',� ys�,3 rt',._... , e ''Fz£i `i ems`+ x z £N'u* .*3 s:*-R a F„'G,' a-a'".:,: ^,,?:.^ ,i a ar , ,. . -s s z ti a 4t 2472801 rrta�s Ya �, *� �� BrazOsl bill a �y �7 P 4 S' a Fs,#s ° ", r g r s try %��s sn r 5. t ,2 . 53 ,, . & A a f e, i'"�` -- f ,Y', ¢` aI ,F'r.3 yw ....�., '_;. 5y A;� 's, {. . ° �»a.,b rs y.r t �. 4"`' :'�aa' £ r`'?M 4xi ',� r �t `s.,.� t �ti, c"`s ,7.��'S�� �. �s rs `,' s,zr � x`�'s*.,.j # 5K'+�: ....R z�a C.�z r..� �,vr.s , ,a «n„ _..i is , � xr. Legal Name of Subrecipient Agency Account ID Number .s �. kf 1* $ " nG- s �~< xr ,& 4$-;C:. 3 4';', 'T S" s VZ'G $ 4'... 1.4:x r �' ¢j i.z�.�$ L S "S r, it�S `' p, -t`:; ,- 4ksC �r tx t ▪'Zh- W k }- , .t t . •z ,4 4`.;,Z i ay., d t'4; �yM I? a§ �4, a'4.tA''` 5 4" t`„' ..6.,s, �s- , '*X�.R;[. an°°Brdzo GO eity*..i, t `l a r,' ^T 4} 'a TX a., 2,, 77803 536� 22 r x ?v h " Y y k a 1 t v n 4 i� s a $" css s r' 4.: �"�` �y�5� & gyp tF`` s r� " �i,�j�� z '�'i. r,.,,.e., „v��,.::t.. ,>, nk bxa.w„1 + .Js x,f,.,, ...„.,..7xz.D Cw,','4wku9a,,..E. b. �' `�,+ .�.£fi ,'.�us„. �L,1� Principal Place of Performance(POP)(City,,Count') State 9-Character Zip Code(Zip+4) x ' ,a'fir a+ 0i" l'1 :t ., ,he.,' k'''h 7 POP Congressional District 2 of 2 Texas Protective ecti Form 2030CLIVE Family Budget for Title IV-E Last Updated November 2020 and Services County Legal Services Contract a Please select your County,and Budget Effective Date from drop down boxes below '.'. . County: "BRAZOS:C.OUNTY Contract Number: HHS000285100040 Budget Effective Date: 10/112024-9130/2025 : ` Estimated Total Total c Anticipated `Total y Cost Category , Expenses Federal ``Antaxpated Allocable to • `'a44 ` ` ` Title IV-E Reimbursemen County Match. A. Administration _ . t .... . f A.1. Direct Personnel Salaries $280,819.70 $36,113.41 $244,706.29 A.2. Direct Personnel Fringe Benefits $121,882.97 $15,674.15 $106,208.82 A.3. Direct Personnel Travel $0.00 $0.00 $0.00 A.4. Direct Materials and Supplies $0.00 $0.00 $0.00 A.5. Direct Equipment $0.00 $0.00 $0.00 A.6. Direct Other Costs $8,500.00 $1,093.10 $7,406.90 Total Administration $411,202.67 $52,880.66 $358,322.01 B.1. Title IV-E Training(75%) $2,400.00 $617.28 $1,782.72 B.2. Title IV-E Fostering Connections Training(75%) $0.00 $0.00 $0.00 B.3. Non-Title IV-E Training(50%) $0.00 $0.00 $0.00 Total Training $2,400.00 $617.28 $1,782.72 C. ln_directC_osts'.(if applicable).. . ... i=V.s- ••,4, .=��.��... Total Indirect Costs = $0..00 $0.00 $0.00 $0.00 • ' Grand Total„ ;: $413,602.67 $53,497.94 $360,104.73 *Estimated Federal Reimbursement for expenses based on Eligible Population Rate(EPR)during 2nd quarter of the preceding fiscal year.Actual 25.72% reimbursement will be based on EPR in effect for the county during the month in which expenses were incurred. Indirect Cost Rate,if applicable(attach a copy of the approved Certificate of Indirect Costs): w 5025°/a Contractor Certification v .!. Signature to Duane P,efers County Judge, Printed Name&Title Refer to Title IV-E Financial Handbook for additional information: http://www.dfps.state.tx.us/handbooks/Title IVE Countv/default.asp End of worksheet last updated 6/27/24 Texas Dept.of Family Budget for Title IV-E Form 2030CLIVE and Protective Services Last Updated November 2020 County Legal Services Contract rd'...44'17.5.2.00-',.?!AeitertilZ7W;f:tR:4:2-14.1.71M*AltiPlr0.10(P.0.441iti012$01409:01'.'":ckai,Iit:,:',g'.;;I'4.AM:Q;:iikMd!:Aa0A40:01t2d County: BRAZOS COUNTY Contract Number: HHS000285100040 Budget Effective Date: 10/1/2024-9/30/2025 • • • — •., -gstininteqc1"ptal • ' • •' . • • - A of Time Spent , . • , Position or Title Monthly Salary on IV-B_ Activities • Months of , .E0e4A.6*... • „ • • Service- : • .(BxCxu) • . - .• •1:`.Z:f:• • . . Assistant DA •".;'‘ : - 12 $65,333.00 Aisi*tit DAMW;.' : 12 $119,999.88 Assistant DA . • ;. : 12 $95,486.82 $0.00 $0,00 Total Direct Personnel Salaries: $280,819.70 • *estimated total cost for Title IV-E related activities Refer to Title IV-E Financial Handbook for additional information: http://www.dfps.state.tx.us/handbooks/Title IVE Countv/default.aso End of worksheet Texas Dept.of Family Budget for Title IV-E Form 2030CLIVE and Protective Services Last Updated November 2020 County Legal Services Contract 1A-.2.',-DiTeCtPer—i-dliffelFfilibi7Bartefita •- County: BRAZOS COUNTY Contract Number: HHS000285100040 Budget Effective Date: 10/1/2024-9/30/2025 •• • - • • '.".1-zYi . •."114':e.-;'.-;:s',• • • -..-"?'.-1?-1;•74::•. •,-""-- • • , , • _ Estimated •,17,,,a;gfe:-..-- • -•,-,I,Type of Fringe Benefits . . - ; Total • 7.'". • .> • ;40471 Wciji0r..!::c9rti !!6$4;92. Medical..filt t .$60.197a00 . , . . „ c••••••?•-• • ' • Total Direct Personnel Fringe Benefits: $121,882.97 *estimated total cost for Title IV-E related activities Refer to Title IV-E Financial Handbook for additional information: http://www.dfps.state.tx.us/handbooks/Title IVE Countv/default.asp End of worksheet • Texas Dept.of Family Budget for Title IV-E Form 2030CLIVE and Protective Services Last Updated November 2020 County Legal Services Contract County: BRAZOS COUNTY Contract Number: HHS000285100040 Budget Effective Date: 10/1/2024-9/30/2025 , . • • - Other Cost • " Estimated •'• •• (description) • Total:Etjense*.- . • '. • 74::;50:?. • • • . - • ' • $2;d000O.:: Citation of Publications' - .7. * • $500.:00.: Publications(based on exps divided.,arri9ng.::?1-"fattys):'. • . •-.• $1;000;00i Cgmmerctal Copying • • •••• $500:00' Expert Witnesses • •• : • : $500 00 - • " ' Interpreting '.• :. Mediation .:•..•. •.: • - - : . •• ••• Total Direct Other Costs: $8,500.00 *estimated total cost for Title IV-E related activities Refer to Title IV-E Financial Handbook for additional information: http://www.dfos.state.tx.us/handbooksfritle IVE County/default.aso • End of worksheet • Texas Dept.of Family Budget for Title IV-E Form 2030 CLIVE and Protective Services Last Updated November 2020 County Legal Services Contract x Budget Narrative z ° County: BRAZOS COUNTY Contract Number: HHS000285100040 Budget Effective Date: 10/1/2024-9130/2025 Note: Each cell is Iimted to 1024 characters in order for word wrap to function properly. If you need to type more than 1024 characters,you will have to either manually insert a return at the end of each line(Alt-Enter)or go to the next row/cell below to type the remaining text. Clearly describe each expense to be incurred and billed to this contract,Including Justification for expense. Refer to Title IVE Financial Handbook for additional information: http://www.dfps.state.tx.us/handbooks!Title IVE County/default.asp A. Administration A.1. Direct Personnel Salaries • F , A.2. Direct Personnel Fringe Benefits A.3. Direct Personnel Travel A.4. Direct Materials and Supplies A5 Direct Equipment { A.6 Direct Other Costs B. Training B.1. Title IVE Training(75%) Court costexpenses directly related to Title IV E children eases B.2 Title IVE Fostering Connections Training(75%) Conferences directly;related.toparentfchlld/family law • B.3. Non Title IVE Training(50%) C. Indirect Costs(If applicable) End of worksheet AMENDMENT#1 TO 24-069—BEST WESTERN FOR BRAZOS COUNTY • THIS AMENDMENT TO 24-069 Best Western Premier Bryan/College Station for Brazos County ("Amendment") is entered into and effective this 6th day of August, 2024 ("Effective Date") through December 31, 2024 ("Expiration Date") by and between Brazos County ("Customer"), and Best Western Premier Bryan/College Station ("Provider") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement(as defined below)unless otherwise stated herein. RECITALS WHEREAS,the Parties entered into that certain original contract#24-069 ("Agreement") for purposes of Best Western Premier Bryan/College Station; and WHEREAS, the Parties desire to amend the services provided as set forth in original contract 24-069 Best Western Premier Bryan/College Station for Brazos County. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Revised cancellation policy to case by case basis. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. • BRAZOS COU Best Western Premier Bryan/College Station Siggj�ature Signatureg lJwoli e- eITE-5 Mallory Hendrix • Name Name ( OCLf `t Tu r:ro Area Director of Sales Title Title 1 07601- 08/02/2024 Date Date • • Best Western Premier Bryan/College Station 1920 Austin's Colony Parkway I Bryan,TX,77802 Phone: 979-731-5300 I Fax: 979-731-5301 LOCAL NEGOTIATED RATE AGREEMENT ACCOUNT: Brazos County Today's Date: Q Contact Presley Nelson Salesperson: Mallory Hendrix Address: 200 S.Texas Ave.Ste.352 • Salesperson Email: mallory.hendrix@oldhamgoodwin.com City,State,Zip: Bryan,TX 77803 • Telephone: 979-361-4291 Email: pnelsone.brazoscounlybc,gov We are pleased to present you with the following rate agreement concerning your stay at the Best Western Premier Bryan/College Station,1920 Austin's Colony Parkway J Bryan,TX,77802.Once this Agreement has been signed and received,this Agreement shall constitute for the entire written contract of this agreement. SLEEPING ROOM ACCOMMODATIONS AND RATES It is a pleasure to confirm on a definite basis the following arrangements to Brazos County°Company,Non-Last Roam Availability.These rates are a courtesy to Brazos County and this rate will be granted for the remainder of 2024. Agreement can be negotiated on a 6 month basis. The estimated annual guestroom usage for Brazos County is 50 room nights;therefore,your travelers will receive these exclusive Individual Business Travel Rates. Room Types Rate Run of House $99.00 • The above quoted room rates are also subieotto any applicable city.county state orlederal taxes currently 15,75% HIGH DEMAND DATES The following 2024 dates are considered high demand for our hotel therefore book your rooms well in advance. Your rate may not be available during these dates: 2024 Blackout Dates Include but are not limited to: -Aug.30-Sept.1,202A -Sept 6-5,2024 -Sept 20-22,2024 -Oct.4-6,2024 -Oct.25-27,2024 -Nov.15-717,2024 -Nov.29-Dec.1,2024 2024 Negotiated Rate Amenities -Full Service Lobby Bar -Complimentary high speed wireless Internet access -24-hour business center -24-hour Stay Fit fitness center -Complimentary deluxe breakfast buffet SLEEPING ACCOMODATIONS:Best Western Premier Bryan/College Station,will provide the following room types at the listed rate and related services for Brazos County. The rates and other terms provided herein shall be in effect for the period of January 1.2024 through December 31_2024,This rate is valid for Brazos County Individual business travelers as well as for individuals visiting your corporation. ▪ This agreement is for Business Transient rooms only under 9 rooms.Should you require a group room block of 10 or more rooms, group contract is required,business travel rate may not apply. • The Hotel will review your production on a quarterly basis and reserve the right to mutually re-negotiate the rate based on your companies'performance,with a thirty(30)day written notification to you. 9 it is the intention of the Hotel to.never relocate one of our guests with a guaranteed reservation.However,in the event that a guest must be relocated,we will arrange accommodations at another comparable hotel and provide reasonable transportation to and from the hotel.We are confident this policy will ensure the complete satisfaction of all our preferred guests and prove our intention of not inconveniencing our most valued customers. RESERVATION PROCEDURE:In order to receive your special rates,when calling,all resenrations should be under the Brazos County negotiated rate.Brazos County will be provided with a Reservation Link for reservations to be booked on website: in order to guarantee a guest room,a credit card must be provided during time of making the reservation. • If Brazos County uses a Travel Agency/Booking Tool to book guest room reservation,please provide rate loading instructions. Each individual guest will be expected to pay trail guest room related charges including the room rate,sales and lodging tax and any incidental expenses charged to the guest room. Please inform Hotel in writing of any VIPs or other guests where the guest room billing is different from this understanding. CANCELLATION POLICY: All reservations must be cancelled 24 hours prior to scheduled arrival date to avoid one nights room and tax billed . to Brazos County direct bill account.AU reservations with no calUno show will result a charge of the first night's mom charge and tax.Any day of arrival cancellation requests will be asses by Hotel and cancellation fee will be waived on a case by case basis. TERMINATION OF AGREEMENT:This agreement may be terminated either by Best Western Premier Bryan/College Station,or Brazes County by delivery of written notice of termination of at least thirty(30)days in advance of termination of date.Either party may renegotiate this agreement,six months to date. AGREEMENT:The length of this Agreement is valid through December 31,2024.This Agreement must be signed and returned within 30 days of the date of this agreement. If this Agreement Is not received and signed by this date,the Hotel has the right to re-evaluate all terms and conditions of this Agreement. In which case,Brazos County will be available to reserve all reservations under non-negotiated rates. The entire staff at the Best Western Premier Bryan/College Station sincerely appreciates the opportunity to serve both you and Brazos County travelers.You can be assured of the effort of our entire staff and my personalized attention to help make their stay a little extra delightful and rewarding. The contents of the foregoing agreement meet with my approval,and I•consider all arrangements to be confirmed and definite contingent upon the Hotel's approval and execution of the Agreement. SIGNATURES: On Behalf of Best Western Premier Bryan/Coifege Station 0 Brazos Cou 70/12-117 r1)44f-e‘ale Signature Signature Mallory Hendrix ns -U-4-ArS cf, Director of Sales U t�+.ts.� Date: 07/31/2024 Date: 64 344 • • Best Western Premier Bryan/College Station 1920 Austin's Colony Parkway Bryan,TX,77802 Phone: 979-731-5300 I Fax: 979-731-5301 LOCAL NEGOTIATED RATE AGREEMENT • ACCOUNT: Brazos County Today's Date: December 14,2023 Contact: Presley Nelson Salesperson: Mallory Hendrix Address: 200 S.Texas Ave.Ste.352 Salesperson Email: maflory.hendrix@oldhamgoodwin.com City,State,Zip: Bryan,TX 77803 Telephone: 979-361-4291 • Email: pnelson[afbrazoscountvtx.aov We are pleased to present you with the following rate agreement concerning your stay at the Best Western Premier Bryan/College Station, 1920 Austin's Colony Parkway I Bryan,TX,77802.Once this Agreement has been signed and received,this Agreement shall constitute for the entire written contract of this agreement. SLEEPING ROOM ACCOMMODATIONS AND RATES It is a pleasure to confirm an a definite basis the following arrangements to Brazos County District Attorney's Office "Company",Non-Last Room Availability.These rates are a courtesy to Brazos County and this rate will be granted for the remainder of 2024. Agreement can be negotiated on a 6 month basis. The estimated annual guestroom usage for Brazos County District Attorney's Office is 50 room nights;therefore,your travelers will receive these exclusive Individual Business Travel Rates. Room Types Rate Run of House $99.00 The above quoted room rates are also subject to any applicable city,county,state or federal taxes,currently 15.75% HIGH DEMAND DATES The following 2024 dates are considered high demand for our hotel therefore book your rooms well in advance. Your rate may not be available during these dates: 2024 Blackout Dates Include but are not limited to: -April.1214,2024 -May 9-12,2024 -Aug.30-Sept.1,2024 -Sept.6-8,2024 -Sept.20-22,2024 -Oct 4-6,2024 -Oct.25-27,2024 -Nov.15-717,2024 -Nov.29-Dec.1,2024 • 2024 Negotiated Rate Amenities -Full Service Lobby Bar -Complimentary high speed wireless Internet access -24-hour business center -24-hour Stay Fit fitness center -Complimentary deluxe breakfast buffet • SLEEPING ACCOMODATIONS:Best Western Premier Bryan/College Station,will provide the following room types at the listed rate and related services for Brazos County. O The rates and other terms provided herein shall be in effect for the period of January 1.2024 through December 31,2024.This rate is valid for Brazos County individual business travelers as well as for individuals visiting your corporation. o This agreement is for Business Transient rooms only under 9 rooms.Should you require a group room block of 10 or more rooms, group contract is required,business travel rate may not apply. o The Hotel will review your production on a quarterly basis and reserve the right to mutually re-negotiate the rate based on your • companies'performance,with a thirty(30)day written notification to you. It is the intention of the Hotel to never relocate one of our guests with a guaranteed reservation.However,in the event that a guest must be relocated,we will arrange accommodations at another comparable hotel and provide reasonable transportation to and from the hotel.We are confident this policy will ensure the complete satisfaction of all our preferred guests and prove our intention of not inconveniencing our most valued customers. RESERVATION PROCEDURE:In order to receive your special rates,when calling,all reservations should be under the Brazos County:District Attomey's Office negotiated rate.Brazos County District Attorney's Office will be provided with a Reservation Link for reservations to be booked on website: In order to guarantee a guest room,a credit card must be provided during time of making the reservation. If Brazos County District Attomey's Office uses a Travel Agency/Booking Tool to book guest room reservation,please provide rate loading instructions. Each Individual guest will be expected to pay for all guest room related charges including the room rate,sales and lodging tax and any • incidental expenses charged to the guest room. Please Inform Hotel in writing of any VIPs or other guests where the guest room billing is different from this understanding. • CANCELLATION POLICY: All reservations must be cancelled 24 hours prior to scheduled arrival date to avoid one night's room and tax billed to credit card used to reserved or billed to Brazos County District Attomey's Office. All reservations with no call/no show will result a charge of the first night's room charge and tax. TERMINATION OF AGREEMENT:This agreement may be terminated either by Best Western Premier Bryan/College Station,or Brazos County District Attorney's Office by delivery of written notice of termination of at least thirty(30)days In advance of termination'of date.Either party may renegotiate this agreement,six months to date. AGREEMENT:The length of this Agreement is valid through December 31,2024. This Agreement must be signed and returned within 30 days of the date of this agreement. If this Agreement is not received and signed by this date,the Hotel has the right to re-evaluate all terms and conditions of this Agreement In which case,Brazos County District Attorney's Office will be available to reserve all reservations under non-negotiated rates. The entire staff at the Best Western Premier Bryan/College Station sincerely appreciates the opportunity to serve both you and Brazos:County District Attomey's Office travelers.You can be assured of the effort of our entire staff and my personalized attention to help make their stay a little extra delightful and rewarding. The contents of the foregoing agreement meet with my approval,and I consider all arrangements to be confirmed and definite contingent upon the Hotel's approval and execution of the Agreement. SIGNATURES: On Behalf of Best Western Premier Bryan/College Station IOn Behalf of Brazos County Di " ey's Office « »7114:21, /gt > fi. • Signature U /p' Signature Mallory Hendrix /' OtA, I E Pe-CMS Director of Sales COCA. Y �Lt7& DATE: « »12-14 23 DATE: « » to I sq J a 3 Best Western Premier Bryan/College Station 1920 Austin's Colony Parkway I Bryan,TX,77802 Phone: 979-731-5300 I Fax: 979-731-5301 LOCAL NEGOTIATED RATE AGREEMENT • ACCOUNT: Brazos County Today's Date: December 14,2023 Contact: Presley Nelson Salesperson: Mallory Hendrix Address: 200 S.Texas Ave.Ste.352 Salesperson Email: mallory.hendrix@oldhamgoodwin.com City,State,Zip: Bryan,TX 77803 Telephone: 979-361-4291 Email: pnelson(n)brazoscountytx.aov We are pleased to present you with the following rate agreement concerning your stay at the Best Western Premier Bryan/College Station, 1920 Austin's Colony Parkway Bryan,TX,77802.Once this Agreement has been signed and received, this Agreement shall constitute for the entire written contract of this agreement. SLEEPING ROOM ACCOMMODATIONS AND RATES It is a pleasure to confirm on a definite basis the following arrangements to Brazos County District Attorney's Office "Company';Non-Last Room Availability.These rates are a courtesy to Brazos County and this rate will be granted for the remainder of 2024. Agreement. can be negotiated on a 6 month basis. The estimated annual guestroom usage for Brazos County District Attomey's Office is 50 room nights;therefore,your travelers will receive these exclusive Individual Business Travel Rates. Room Types Rate Run of House $99.00 The above quoted room rates are also sublect to any applicable city,county,state or federal taxes,currently 15.75% HIGH DEMAND DATES The following 2024 dates are considered high demand for our hotel therefore book your rooms well in advance. Your rate may not be available during these dates: 2024 Blackout Dates Include but are not limited to: -April 12-14,2024 -May 9-12,2024 -Aug.30-Sept.1,2024 -Sept.6-8,2024 -Sept.20-22,2024 -Oct.4-6,2024 -Oct.25-27,2024 -Nov.15-717,2024 -Nov.29-Dec.1,2024 2024 Negotiated Rate Amenities -Full Service Lobby Bar -Complimentary high speed wireless Internet access -24-hour business center -24-hour Stay Fit fitness center -Complimentary deluxe breakfast buffet SLEEPING ACCOMODATIONS:Best Western Premier Bryan/College Station,will provide the following room types at the listed rate and related services for Brazos County. o The rates and other terms provided herein shall be in effect for the period of January 1,2024 through December 31,2024 .This rate is valid for Brazos County individual business travelers as well as for individuals visiting your corporation. o This agreement is for Business Transient rooms only under 9 rooms.Should you require a group room block of 10 or more rooms, group contract is required,business travel rate may not apply. o The Hotel will review your production on a quarterly basis and reserve the right to mutually re-negotiate the rate based on your companies'performance,with a thirty(30)day written notification to you. • o It is the intention of the Hotel to never relocate one of our guests with a guaranteed reservation.However,in the event that a guest must be relocated,we will arrange accommodations at another comparable hotel and provide reasonable transportation to and from the hotel.We are confident this policy will ensure the complete satisfaction of all our preferred guests and prove our intention of not inconveniencing our most valued customers. RESERVATION PROCEDURE:In order to receive your special rates,when calling,all reservations should be under the Brazos County;District Attorney's Office negotiated rate.Brazos County District Attorney's Office will be provided with a Reservation Link for reservations to be, booked on website: In order to guarantee a guest room,a credit card must be provided during time of making the reservation. If Brazos County District Attomey's Office uses a Travel Agency/Booking Tool to book guest room reservation,please provide rate loading instructions. Each individual guest will be expected to pay for all guest room related charges including the room rate,sales and lodging tax and any incidental expenses charged to the guest room. Please Inform Hotel in writing of any VIPs or other guests where the guest room billing is different from this understanding. CANCELLATION POLICY: All reservations must be cancelled 24 hours prior to scheduled arrival date to avoid one night's room and tax billed to credit card used to reserved or billed to Brazos County District Attomey's Office. All reservations with no call/no show will result a charge of the first night's room charge and tax. TERMINATION OF AGREEMENT:This agreement may be terminated either by Best Western Premier Bryan/College Station,or Brazos County District Attorney's Office by delivery of written notice of termination of at least thirty(30)days in advance of termination of date.Either party may renegotiate this agreement,six months to date. • AGREEMENT:The length of this Agreement is valid through December 31,2024. This Agreement must be signed and returned within 30 days of the date of this agreement. If this Agreement is not received and signed by this date,the Hotel has the right to re-evaluate all terms and conditions of this Agreement. In which case,Brazos County District Attorney's Office will be available to reserve all reservations under non-negotiated rates. • The entire staff at the Best Western Premier Bryan/College Station sincerely appreciates the opportunity to serve both you and Brazos:County District Attomey's Office travelers.You can be assured of the effort of our entire staff and my personalized attention to help make their stay a little extra delightful and rewarding. The contents of the foregoing agreement meet with my approval,and I consider all arrangements to be confirmed and definite contingent upon the Hotel's approval and execution of the Agreement. SIGNATURES: • On Behalf of Best Western Premier Bryan/College Station On Behalf of Brazos County Di ey's Office »1a ����7_�� « > • Signature Signature Mallory Hendrix °LiFN-N E PI= -S Director of Sales Cou <.- &pG€ DATE: « >>12-14-23 DATE: « » la 1 sii tide 'Proposal The complete soi t•on website managers Automated web accessibility and user experience testing in a single, easy-to-use platform ti as < ems. r° o a F 1 CREATED BY: PREPARED FOR: Chris Fletcher Duane Peters Ptxtf Silktide Inc Brazos County . - 1 chrisfletcher@silktide.com countyjudge@brazoscountytx.gov *Love 2 4.8 RATING Ally �►s. ** * * * silktide - Proposal . Silktide helps web teams work more efficiently Gain more visibility and a deeper understanding of your web estate. ® g .e1 = i ,, , What Is alternative text? ° 3 { t . � @simone look at a l -r ° ° f latest report t MARKETING Y.. *lei MtsstJ1 AJt Texts F 1 :44 How to fix Excellent 6 r .A1 '° Monitor everything in a single, easy-to-understand platform,and save hundreds of hours of tedious, manual work: Silktide'gamifies'the process and inspires your whole organization by encouraging excellent work. Find and fix website problems super easily.With comprehensive, easy-to-understand explanations,your team will get more done in less time. silktide Proposal Voted best accessibility platform #1 Aecessibility'Platform nCi : -19 ",-__ ®- '-._13 1- Momentum r I High ;HigheStUSW iLikely of 1 #1 Digital Governance LeaderLeader <Perf key , Adoption R-,mcm , ' #1 Digital Analytic's ss . 2023 2U23 20z3 R - . 4.8 RATING - ( :_� i -0 ' 10 ` ( .b tf>xra Ma *,*,* * E Best uiel:Tost Easiest Best Eosloctt000 Est.ROI : I Recommend To Use = Usability ' ,Busieesswith �t' 's a.8UMMEN_._ E q,.zirtte ,ii-. ,0 .,c i T , ...., 1 2023 , 2U. SUMMER _ _2023 „ Independently awarded by G2. '- • . ' JusrT pRN, Honeywell Deloitte, EN Cps z RGY l�l� ASSOCIATION IJWIeWN Duke IT TEXAS TECH . mETEK AMEDICAIESSOCIATION ,$_MENADI NAT UNIVERSITY BEYOND.BANKING UNIVERSITY13, ,,,,.. GINADIENNE ASSOCIATION RICE obbvie Carnegie Mellon BROADCOM' University CITY OF BRYAN UNIVERSITY Uni��l ersity no Good Llfq]L.raO Style: my) THE UNIVERSITY OF TEXAS AT DALLAS "Silktide has exceeded expectations.They've provided better support, an easier-to-use platform,and a better price." Christy Glaze,The University of Dallas at Texas s i l t 1 Packages Web Intelligence Package Included as standard: Core modules-Content,Accessibility,Marketing, UX, Privacy,Analytics Cookieless Web Analytics v 20 experiences J Unlimited Heatmaps 1 uptime monitor se 100 documents d Unlimited users v 100 search keywords +" Unlimited support(Standard Service Level) Common issues I ACCeSSIhddity se Simplify complex accessibility guidelines 91.2 Meet your legal obligations under ADA, Down 8.00 ® Section 508, and EU laws Level AA L7 ' o ," Testing up to WCAG 2.2 AAA 0 47.2tF In-platform training to help your team get up to speed Tampa TGH' General Hospitals With Silktide,you can review any links that are out of date, review pages with spelling errors, review the reading level of your content, and easily change phrases throughout the site. Taylor Howard,Tampa General Hospital silktide Packages R L _. - , Content __.,_> 1, Ensure content is free from spelling and I',. z f `,t ` ' grammar errors • .. , c y� SilkTide r ' ,, � lel v Find and update broken links 'i Enforce brand guidelines with customer T .4-:,,, A Did,you mean `Silktide' checks and policies _ S' 5.0° CMS integration to speed up your workflow i 1 ,, Content accessibility l' . ;' f i.- - 4 User Experience t - - j Step 1 ,, 0 This step Is broken �K.� step V Monitor complex multi-step journeys, ': ° z like checkouts and forms ° � 0._-;,.m.!. ., Ensure mobile device compatibility11 so' Improve website speed {<., k F �. " Monitor uptime F-_ "� Fix technical issues €V.`, 85 « N 27� �' 87 ' Optimize Google Web Vitals ; , o t 's NHS I'm able to see what needs to be done, and our progress towards our goals, using Silktide Ian Nicholls,Royal Cornwall Hospitals NHS s Hkti P;ac es . - ` . Marketing t s Fix technical and content SEO issues to help your Google rankings ;w ,� "` ' ,,.. i., ,o. Monitor global organic keyword rankings - across desktop and mobile ::: .,,,::.: tl i. ,09 Get regional competitor advertising l insights y r �t. . 9 ,9 Audit backlinks and understand your ? , site's popularity i. a Analytics -- r d Measure the ROI of your campaigns Apply for your research ' Optimize the user experience with data- fellowship today. driven insight Way f mOV.. scl...3 totoarn mishap,.y 1 k::t..di; _ v Measure engagement, attention,and ,! i frustration with unlimited heatmaps ..F'� x_-R ` r` v Protect user privacy with cookie-free °,, : analytics ;, •., a k Warwickshire County Council Without Silktide, I'd be relying on our end users to provide me information about broken links and spelling mistakes. Matt Pearce,Warwick District Council silktide Service Level Premier Service Level Included in your Premier support package: Onboarding ✓ 20-minute kick-off call ' v Onboarding check-ins 25-minute Discovery call - Assisted Account Setup Training Support team Silktide Academy v Technical Support v Group training sessions , Help Center ." Exclusive webinars ° Phone, email &live chat Customer Success • Customer Success Manager - v Quarterly Strategy Reviews se Customer Success Plan Product update webinars s i lktide Allowances Allowances , . . _ _ . :. Feature.y h'Description , Allowance Domains Maximum number of domains tested Unlimited Users Number of users per account Unlimited Web pages Number of concurrent pages monitored 2,500 PDFs ,Number of PDFs monitored 6,000 _ Keywords Number of keywords monitored 100 Uptime monitors Number.or URLS monitored for uptime 5 Yearly page views. Maximum annual page allowance for Analytics 1,000,000 Heatmaps Analytics user behaviour monitoring Unlimited • User Journeys Number of user journeys tested 0 VPNs _ Number of VPNs to test behind firewall 0 Authentications Testing as a logged in user 0 'Single Sign-On SS()for organization-wide login to Silktide Yes Experiences Lighthouse and Web Vitals testing 20 Manual auditing Expert accessibility audits No, s f l tide :Finishing up Term start date ;Term end date w 4 1st August 2024 31st July 2027 Description r;g Annual cost(excl tax) Access to Silktide, including the modules and $7,204 allowances listed in this proposal• This proposal is valid until 31st August 2024 Signatures , Agreed to and executed by authorized representatives of the parties: Client Brazos County Name •'- Duane Peters Title County Judge• Email countyjudge@brazoscountytx.gov Vendor Silktide lnc Name Chris Fletcher Title Sales Director Email chrisfletcher@silktide.com'. This is an Order Form governed by the End User License Agreement,which is incorporated by reference he S'l to e F hishing,up . Terms & Conditions of Use These Terms & Conditions are relevant to users from within the USA. For Terms & Conditions relevant for users outside the USA, please view our General Terms & Conditions of Use. Last Updated: December 14,2023 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. Silktide Inc. (hereinafter referred to as "Silktide," "us," "we," "our," or"Company"), has created the following Terms& Conditions of Use ("Terms & Conditions") to apply to all Silktide websites, mobile site, and digital assets contained or offered therein all users (collectively, our "Services"). These Terms & Conditions are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms & Conditions conflict with the English language version,the English language version of these Terms & Conditions shall control. I. General Conditions Please carefully read these Terms & Conditions before using our Services. By using our Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section X, and the Privacy Policy. If you do not agree to the Terms& Conditions,then you must not use our Services. If you violate the Terms& Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies. The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions. II. General Disclaimers Use of an organization's marks, trademarks, or logos on this website shall not constitute (i) a sponsorship or endorsement of the organization by us, or(ii) a sponsorship or endorsement by the organization of us or any information contained on our Services. The information contained on our Services, including rankings and scores published as part of our Accessibility Index, are intended for general informational purposes only. Silktide expressly disclaims any responsibility or liability for the information contained in the Accessibility Index. This information should not be relied upon as a substitute for, nor does it provide, legal advice or a determination of the legal compliance regarding any website. No individual or organization is entitled to, or permitted to, rely on the Accessibility Index, for any reason, in whole or in part, or for any purpose whatsoever, directly, or indirectly. III. Non-Exclusive, Non-Transferable License to Use Our Services We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content, from our Services (e.g., our website and index of website rankings) for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. Such license permits you to make copies of software or other information necessary for you to receive the Services via the Internet. Where open-source software is used as part of the Services, such software use by you will be subject to the terms of the open-source licenses. No additional implied rights are granted beyond those specifically mentioned in this Section III. We reserve the right to electronically monitor your use of the Services. 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You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Information (as defined in our Privacy Policy). All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us. You grant Silktide a non-exclusive, non-transferable, revocable license to display your name, logo, and trademarks, as designated and/or amended by you from time to time and as required in the creation of correspondence, documentation, and website front ends in the provision of the Services. V. Prohibited Uses In addition to other prohibitions as set forth in the Terms & Conditions,you are prohibited from using the Services or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c)to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d)to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites,or the Internet) or Services; (h) to collect or track the personal information of others; (i)to send advertising or promotion materials, spam, phish,pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k)to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or Services, including those to prevent copying of content or that limit use; (1) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam" or any other similar solicitation; (m) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (n)make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (o)use a buying agent or purchasing agent to make purchases on the website; (p) use the Services to advertise or offer to sell goods and services; (q) engage in unauthorized framing of or linking to the Services; (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining,robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (t) sell, lease, loan, assign, license or otherwise transfer your Services; (u) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; • (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (w) copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1 xl pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware"or"passive collection mechanisms"or'`peros"); (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; (aa) use the Services to provide ancillary services related to the Services; (bb) permit access to or use of the Services by or on behalf of any third party; (cc) in any way that may be deemed a breach or violation of any of our Terms& Conditions or Website Privacy Policy. (dd) except when expressly agreed, use the Services on any websites that contain sensitive data (e.g. PHI) or are subject to increased regulatory requirements (e.g. HIPAA, FERPA, or GDPR (EU) 2016/679 Article 9). We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses. VI. Children's Information Our Services, including our website and any mobile applications are intended only for users over the age of eighteen (18). We do not target our Services to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen(13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. 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We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates. availability, location, products, and services, except as required by law. No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated. B. Links on the Services Our Services might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party's materials or websites or for any other materials,products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party's websites or other platforms. Please review carefully other party's website's policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party. VIII. Warranty Disclaimer OUR SERVICES. AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN "AS IS"BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE,AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY. INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE. IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE. SPECIAL. OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE. LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IX. Governing Law The Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of Texas without reference to any conflict of law rules. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. XI. Severability To the extent that any provision of these Terms& Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terns& Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions. XII. Termination These Terms & Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to our Services. XIII. Indemnification To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent. XIV. No Third-Party Beneficiaries There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets. XV. Relationship between the Parties The Company and the Customer are independent contractors and nothing in this Agreement will be construed as creating an employer-employee relationship. • XVI. Changes to These Terms & Conditions We reserve the right to change,modify, or amend these Terms& Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms& Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms& Conditions for any changes. These Terms& Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter. XVII. How to Contact Us If you have any questions about these Terms& Conditions, please send us an email at support@silktide.com, call us at: (800) 654 6145, or write us at Silktide Inc, 201 Spear Street, Suite 1100, San Francisco, CA, 94105-6164. TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work - 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract • Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-6I8 Page 2 AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the BLUE RIDGE RETAINING WALL, Brazos County, Texas, in the amount of TWO MILLION, ONE HUNDRED AND FORTY EIGHT THOUSAND, FOUR HUNDRED AND NINETY NINE DOLLARS AND FIFTY FIVE CENTS ($2,148,499.55)is entered into this_day of August 2024 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and BRAZOS PAVING, INC. (hereinafter referred to as "Contractor"). The HARPERS FERRY ROAD & CRICKET PASS RECONSTRUCTION is hereinafter referred to as the "Project." The Engineer for the Project is the firm of GLS and is hereinafter referred to as "Engineer." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ("Contract Documents") consist of the Agreement between Owner and Contractor (hereinafter the"Agreement"), Conditions of the Contract(General, Supplementary and other Conditions), all documents included in RFP # CIP 24-618 and the Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change in the Work issued by the Engineer. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub-paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ("Contract"). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Engineer or Engineer's consultants; (2) between the Owner and a Subcontractor or Sub— subcontractor, or(3) between any persons or entities other than the Owner and Contractor. The Engineer shall, however,with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Engineer's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 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 HARPERS FERRY ROAD & CRICKET PASS RECONSTRUCTION in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: This project consists of reconstructing the roads on Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 3 HARPERS FERRY ROAD AND CRICKET PASS. 1.1.5 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the • materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or"Drawings" are used, they shall be understood to include drawings, details and schedules,as applicable. .5 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. .6 Day: A calendar day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Engineer approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Engineer, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Engineer and Owner. .8 Date of Final Completion: The date when Engineer and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance —An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 4 a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. • .10 Not—In—Contract(N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non—recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non—recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. .18 Agreement/Contract: Agreement/Contract means the same and are used interchangeably throughout this document. This 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. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 5 .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean;to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the • removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word"see." Any such references are to be interpreted to include applicable form of phrase"...and comply with." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub-contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well—known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as"A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Engineer. 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents,the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. • 1.2.7 Enumeration of Items: Lists of"work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 6 appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (I) specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Engineers. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and aftachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6:1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and/or Engineer's consultants are Instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub— subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer or the Engineer's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner— Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub—subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, Sub—subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and/or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory • copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 7 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Engineer may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub- subcontractor, and material and equipment supplier, or other versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer, Engineer's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub- subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with,the conversion of electronic data supplied by the Engineer or Engineer's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub-subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub-subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, any claim or liabilities arising out of such use. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County,Texas.The term"Owner"means the Owner or the Owner's authorized representative. The Owner's representative is Capital Project Manager, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 8 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7,which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief.Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF"file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once,to carry out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Engineer's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Engineer. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CI?24-618 Page 9 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner-Contractor Agreement, as a direct result of the Engineer's negligent issuance of Certificate(s)for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in*the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor(unless specifically agreed • upon): .1 Partial Substantial Completion; .2 Substantial Completion when it occurs prior to the expiration of the Construction Time. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by. activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. • 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Engineer as a properly prepared, timely Request For Information (RFI) in such form as the Engineer may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Engineer, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 10 otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Engineer any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Engineer may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Engineer in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Engineer. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods,techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures; the Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Engineer and shall not proceed with that portion of the Work without further written instructions from the Engineer. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618. Page 11 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work,whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a.full—time Project Superintendent. Refer to RFP Section 8(f). 3.3.7 Lavout/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 Engineer and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Engineer that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Engineer and properly accepted and authorized by Engineer, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Engineer whether or not such submittal has been reviewed or stamped by Engineer. Notice must be specific and transmitted in letter form. If required by Owner or Engineer, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Engineer, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition,together with all work affected in correcting such condition, shall be(upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-6I8 Page 12 Contract, whether or not any portion or trade has been assigned or sub—let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty,to Owner prior to final payment. Assigns' and subcontractors'warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the • Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to.enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were 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 Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 13 execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith,the Contractor shall promptly notify the Engineer and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties,fines or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1)the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as$150,000.00 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. 3.9.2 The Contractor, as soon.as practicable after award of the Contract, shall furnish in writing to the Owner and Engineer the name and qualifications of a proposed superintendent. The Owner or Engineer may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Engineer has reasonable objection to the proposed superintendent, or(2) that the Owner or Engineer requires additional time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 14 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly (within ten (10) days) after notification of contract award, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less,shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Engineer, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors'Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Engineer's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Engineer reasonable time, as defined by the Engineer to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and.in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Engineer and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub—subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, • brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 15 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Engineer without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub-contractor represent to the Owner and Engineer that the Contractor and Sub-contractor have(1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re—submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In absence of such written notice the Engineer's approval of a re-submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Engineer or engineering unless such services are specifically required by the Contract.Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 16 provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Engineer. The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services,certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents,the Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes,ordinances, policies,codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish,the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CI?24-618 Page 17 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS • 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss(including but not limited to attorney's fees,court cost, and other cost of defense),on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Engineer. 3.18 INDEMNIFICATION 3.18.1 TO THE. FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO,ATTORNEY'S FEES,ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY,SICKNESS,DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY(OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB-CONTRACTORS, SUB-SUB-CONTRACTORS, AND SUPPLIERS,AND THEIR EMPLOYEES AND AGENTS; (C)ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE(INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE • CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE,ABRIDGE OR REDUCE 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. Agreement fof Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 18 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub-Sub-contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Engineer, the Engineer's consultants and agents and employees of any of them arising out of: (1)the preparation or approval of maps,drawings,opinions, reports,surveys,Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions or instructions by the Engineer, the Engineer's consultants and agents and employees of any of them, provided such giving, or failure to give, is the primary cause of the injury or damage. The indemnity for the Engineer, the Engineer's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Engineer, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be approved in writing by Engineer or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Engineer for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Engineer. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Engineer. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Engineer, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Engineer, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations,for proposed changes in the Work. Quotations shall be in a "break—down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Engineer. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Engineer and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK(at a maximum, in calendar days) Day 0: Contractors receipt of Notice to Proceed Submittals, as needed, to be provided within a reasonable time. Day 180: Contractor attains Substantial Completion Day 210: Contractor attains Final Completion Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 19 4.1 ENGINEER 4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Engineer" means the Engineer or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E," or "Engineer/Engineer" shall mean Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or.extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3)with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on-site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 20 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material'suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Engineer's services and expenses. 4.2.7 The Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Engineer is limited to only those submittals required by the Contract Documents. The Engineer's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors,while allowing sufficient time in the Engineer's professional judgment to permit adequate review by the Engineer, Engineer's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Engineer's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Engineer's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Engineer, of any construction means, methods, techniques, sequences or procedures. The Engineer's review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Engineer will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Engineer may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Engineer may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 21 4.2.10 If the Owner and Engineer agree, Engineer will provide one or more project representatives to assist in carrying out the Engineer's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Engineer will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Paragraph 4.2,then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until twenty (21) days after written request is received. 4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Engineer's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Engineer, this shall include showing in CPM format, both critical and non-critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Engineer. Claims, including those alleging an error or omission by the Engineer, shall be referred initially to the Engineer for action as provided in Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 22 giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Engineer and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub-paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or(2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Engineer will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one(21) days after the Engineer has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time,written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 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 • Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 23 if Contractor is entitled to additional time. •4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including,where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and or any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty(30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 24 Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims,the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Engineer will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven(7)days. Upon expiration of such time period,the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default,the Engineer may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub—subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub— subcontractor or an authorized representative of the Sub—subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub-subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. Agreement for Construction—Harpers Ferry' Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 25 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Engineer. Each subcontractor agreement shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit • of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub—subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, 'copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub—subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub-subcontractor, or other levels of contractors and subcontractors, and Owner or Engineer, except for provisions in paragraph 5.4. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 26 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1. Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner—Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor,who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including,without excluding others,those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY .6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-6I8 Page 27 in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Engineer; a Construction Change Directive requires agreement by the Owner and Engineer and may or may not be agreed to by the Contractor and an order for a minor change in the Work may be issued by the Engineer alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Engineer and signed by the Owner, Contractor and Engineer, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 28 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and signed by the Owner and Engineer directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3,the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and.equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 29 B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute,the Engineer will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Engineer has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than one hundred and eighty(180)calendar days from the date of commencement,subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 The date of Substantial completion is the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term"critical path"as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 30 time a task can be delayed without delaying another task. 8.1.7 The term"total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days,working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. • Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 31 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 .If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless.of the extent of number of such changes, or requirement of correction or re-execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is TWO MILLION, ONE HUNDRED AND FORTY EIGHT THOUSAND, FOUR HUNDRED AND NINETY NINE DOLLARS AND FIFTY FIVE CENTS ($2,148,499.55) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in,the Contract documents, before the first application for Payment, the Contractor shall submit to the Engineer a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Engineer will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before Agreement for Construction—Harpers Ferzy Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 32 the date established for each progress payment, the Contractor shall submit to the Engineer an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Engineer may require and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. - 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95%of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. . 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment,that the Work has progressed to the point indicated and that,to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on—site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 33 copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application,the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub-contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub-contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub—subcontractors in similar manner. • 9.6.3 The Engineer will, on request, furnish to a Sub-contractor, if practicable, information Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 34 regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub-contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money,to a Subcontractor except as may otherwise be required by law. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven (7) additional days'written notice to the Owner or Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut— down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty(30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item,whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 35 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use,the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on-site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 36 Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate,with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1).an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty(30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty(30) days after final Certificate for Payment has been issued by Engineer. 9.10.4 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; .3 terms of special warranties required by the Contract Documents, or .4 non-conforming, faulty or defective Work appearing at or after final payment. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 9.11 LIQUIDATED DAMAGES 9.11.1 Liquidated damages will be two hundred fifty dollars ($250.00) per day if work is not completed on time(final completion), excluding any weather days. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 37 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and Engineer and their consultants and employees; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub—subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Engineer, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in • Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub—subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 38 accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by. reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Engineer for Project site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi-employer citation provision. 10.2.13 The Contractor shall notify Owner's and Engineer's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Engineer's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 39 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, in writing,with a copy to the Engineer. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. . 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property(other than the Work itself)except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. Notwithstanding,the Owner does not waive its right to assert sovereign immunity. 10.3.4 The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner and Engineer prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. Agreement for Construction—Harpers Feny Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 40 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property,the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents arising out of, or in connection with,the performance of the Work,whether on or off the site,which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations;. .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) • Owned, non-owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive. Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 41 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $ 500,000 each accident $ 500,000 disease, policy limit $ 500,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises-Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five(5)year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $ 1,000,000 each occurrence (b) Property Damage: $ 1,000,000 each occurrence $ 2,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 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) Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 42 6: Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self-insured hazards each occurrence 7. Business Auto Liability(including owned, non-owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self-insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent liability for claims which may arise from operations under the Contract. .1 Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate .2 Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully . authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus Engineer fees, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an • insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub- Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 43 subcontractors as their interests may appear in amount equal to contract sum for the Work. If Owner is damaged by failure of Contractor to maintain such insurance, then Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Engineer's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10)days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. - 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney-in-fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5 Contractor shall deliver required bonds to Owner not later than three(3)days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3)request for final payment;and(4)any other information required by surety. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 44 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Engineer's, Owner's or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Engineer, be uncovered for the Engineer's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Engineer, Owner or governing authority has not specifically requested to examine prior to its being covered, the Engineer, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Engineer, Owner or governing authority or failing to conform to the requirements of the Contract Documents,whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1)year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one(1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 45 Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers, engineers,testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County, Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 46 consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety,together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons,firms and corporations for services rendered;for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, Owner, Project inspector(if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws,statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 47 and Project inspector(if any). 13.5.5 If the Engineer, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public,entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5,the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without 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, Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 48 physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty(30) days through no act or fault of the Contractor or a Subcontractor, Sub—subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 if the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may, upon seven(7)additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 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 Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 49 equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in. writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Engineer,the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 50 amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their • requirements. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials,equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer,jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Engineer, expressed in writing, meet or exceed the characteristics of the specified items. ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. 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. Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 51 ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Court's approval of the Agreement as set forth in the minutes of the Court's 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 Engineer for use in the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS COUNTY,TEXAS Ku► Date: ,47 j"- Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR:. Brazos Paving, Inc. Date: 3./ - _ Brazos Paving, i Agreement for Construction—Harpers Forty Road&Cricket Pass Reconstnietion RFP CIP 24-618 Page 52 ATTACHMENT "A" HARPERS FERRY ROAD & CRICKET PASS RECONSTRUCTION REQUEST FOR PROPOSAL CIP 24-618 Agreement for Construction—Harpers Ferry Road&Cricket Pass Reconstruction RFP CIP 24-618 Page 53 (— F ch *1 `�.� I*' o • REQUEST FOR PROPOSALS RFP NO. CIP 24-618 Harpers Ferry Road & Cricket Pass Reconstruction SEALED PROPOSALS TO BE SUBMITTED BEFORE: Thursday, May 16, 2024, 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 respondents' 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 forr 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: b� Gam qo\Nme\ 1 t • By(Print): b\\\s\ lY\‘i\‘ Title: Swim( V Physical Address: 1\0 (s\ \\\ \\ '` V A 'Y\\NA 4-11M Mailing Address: cl) ®�. 1\1\) \\U \ 11MV) Telephone: -1 ! -U2' -l9O j.Fax: E-Mail: b• iir{vvit elloix.tO Y1 Exhibit B-Bid Form Harpers Ferry Road and Cricket Pass Reconstruction Pavement,Earthwork and Storm . GE Job#:21-0511-01/GLS Job#619019 • General Items Harpers Ferry Item# Item Quantity Units Unit Cost Total 100 Mobilization,Bonds,and Insurance 1 LS $144,000.00 $144,000.00 101 Traffic Control,including related items and appurtenances, 1 LS $117,730.00 $117,730.00 complete in place 102 Erosion Control(SWPPP),including related items and 1 LS $26,800.00 $26,800.00 appurtenances,complete in place 103 Silt Fence,including related items and appurtenances, 9,670 LF $5.50 $53,185.00 complete in place 104 Hydroseed all Disturbed Areas(Erosion Control),including 1 LS $28,585.00 $28,585.00 related items and appurtenances,complete in place 105 Temporary Mailboxes,including related items and 20 EA $185.00 $3,700.00 appurtenances,complete in place 106 Mailbox Replacement,including related items and 20 EA $420.00 $8,400.00 appurtenances,complete in place 107 Signage,Complete In Place,including related items and 1 LS $16,725.00 $16,725.00 appurtenances,complete in place 108 Stop Bars,including related items and appurtenances, 10 EA $168.00 $1,680.00 complete in place 109 Traffic guardrail w/reflectors,including related items and 278 LF $32.20 $8,951.60 appurtenances,complete in place 110 Concrete Mow Strip,including related items and 324 SY $66.10 $21,416.40 appurtenances,complete in place 111 Softstop end terminal,including related items and 4 EA $3,220.00 $12,880.00 appurtenances,complete in place 112 Short Radius Guardrail,MBGF(SR)-19,including related 205 LF $39.65 $8,128.25 items and appurtenances,complete in place 113 Driveway Terminal Anchor per MBGF(SR)-19,including 8 EA $1,550.00 $12,400.00 related items and appurtenances,complete in place 114 Bridge rail w/reflectors,including related items and 60 LF $117.70 $7,062.00 appurtenances,complete in place Sub Total-General Items(Harpers Ferry) $471,643.25 Exhibit B-Bid Form Harpers Ferry Road and Cricket Pass Reconstruction Pavement,Earthwork and Storm GE Job#:21-0511-01/GLS Job#619019 • Cricket Pass 115 Mobilization,Bonds,and Insurance 1 LS $27,360.00 $27,360.00 116 Traffic Control,including related items and appurtenances, 1 LS $36,950.00 $36,950.00 complete in place 117 Erosion Control(SWPPP),including related items and 1 LS $1,382.00 $1,382.00 appurtenances,complete in place 118 Silt Fence,including related items and appurtenances, 2,413 LF $5.10 $12,306.30 complete in place 119 Hydroseed all Disturbed Areas(Erosion Control),including 9 LS $8,965.00 $8,965.00 related items and appurtenances,complete in place 120 Temporary Mailboxes,including related items and 8 EA $185.00 $1,480.00 appurtenances,complete in place 121 Mailbox Replacement,including related items and 8 EA $420.00 $3,360.00 appurtenances,complete in place 122 Signage,including related items and appurtenances, 1 LS $4,260.00 $4,260.00 complete in place 123 Stop Bars,including related items and appurtenances, 1 EA $168.00 $168.00 complete in place 124 Traffic guardrail w/reflectors,including related items and 463 LF " $32.20 $14,908.60 appurtenances,complete in place 125 Concrete Mow Strip,including related items and 299 SY $66.10 $19,763.90 appurtenances,complete in place 126 Softstop end terminal,including related items and 6 EA $3,220.00 $19,320.00 appurtenances,complete in place Sub Total-General Items(Cricket Pass) $150,223.80 Sub Total-General Items $621,867.05 Exhibit B-Bid Form Harpers Ferry Road and Cricket Pass Reconstruction Pavement,Earthwork and Storm GE Job#:21-0511-01/GLS Job#619019 Demolition Harpers Ferry Item# Item Quantity Units Unit Cost Total 200 Remove Existing 18"or Smaller Driveway Culverts 438 LF $18.10 $7,927.80 Includes Headwalls,S.E.T.s,Retaining Walls,Rock and Flumes,including related items and appurtenances, complete in place 201 Remove Existing Driveway Culverts bigger than 18" 298 LF $29.80 $8,880.40 Includes Headwalls,S.E.T.s,Retaining Walls,Rock and Flumes,including related items and appurtenances, complete in place 202 Remove Existing Crossing Culverts 48"or smaller,including 159 LF $32.00 $5,088.00 related items and appurtenances,complete in place 203 Demolition of Chip Seal/HMAC Pavement and Base 11,755 SY $4.25 $49,958.75 Material(Haul off),including related items and appurtenances,complete in place 204 Demolition of Existing Driveways(Including Concrete)and 1,371 SY $9.35 $12,818.85 Base Material(Haul Off),including related items and appurtenances,complete in place 205 Remove Existing Rock Rip Rap for Re-use,including related 50 SY $45.70 $2,285.00 items and appurtenances,complete in place 206 Remove Flume in ROW,including related items and 8 SY $72.85 $582.80 appurtenances,complete in place 207 Clearing and Grubbing of ROW 1 LS $8,530.00 $8,530.00 Includes the removal of any trees in the ROW and trimming of limbs,including related items and appurtenances, complete in place 208 ' Demo&Remove Off-Site Existing Mailboxes,including 5 EA $335.00 $1,675.00 related items and appurtenances,complete in place - 209 Remove Existing Signage,including related items and 20 EA $90.00 $1,800.00 appurtenances,complete in place 210 Remove Existing Guardrail,Return to Brazos County, 100 LF $29.00 $2,900.00 including related items and appurtenances,complete in place 211 Remove Existing Bridge Rail,including related items and 60 LF $48.00 $2,880.00 appurtenances,complete in place Sub Total-Demolition(Harpers Ferry) $105,326.60 Exhibit B-Bid Form Harpers Ferry Road and Cricket Pass Reconstruction Pavement,Earthwork and Storm GE Job#:21.0511-011GLS Job#619019 • • Cricket Pass 212 Remove Existing 18"or Smaller Driveway Culverts 119 LF $18.30 $2,177.70 Includes Headwalls,S.E.T.s,Retaining Walls,Rock and Flumes,including related items and appurtenances, complete in place 213 Remove Existing Crossing Culverts 48"or smaller,including 61 LF $22.15 $1,351.15 related items and appurtenances,complete in place 214 Remove Existing Crossing Culverts larger than 48", 182 LF $38.00 $6,916.00 including related items and appurtenances,complete in place 215 Demolition of Chip Seal/HMAC Pavement and Base 2,400 SY $4.30 $10,320.00 Material(Haul off),including related items and appurtenances,complete In place 216 Demolition of Existing Driveways(Including Concrete)and 269 SY $9.35 $2,515.15 Base Material(Haul Off),including related items and appurtenances,complete in place 217 Remove and Stockpile Existing Rock Rip Rap for Re-use, 50 SY $48.00 $2,400.00 including related items and appurtenances,complete in place 218 Clearing and Grubbing-of ROW 1 LS $6,100.00 $6,100.00 Includes the removal of any trees in the ROW and trimming of limbs Trimming to be performed with proper equipment. No earthwork equipment to be used for trimming trees, including related items and appurtenances,complete in place 219 Remove Existing Signage,including related items and 3 EA $105.00 $315.00 appurtenances,complete in place Sub Total-Demolition(Cricket Pass) $32,095.00 Sub Total-Demolition $137,421.60 Exhibit B-Bid Form Harpers Ferry Road and Cricket Pass Reconstruction Pavement,Earthwork and Storm GE Job#:21-0511-01/GLS Job#619019 • Storm and Drainage Harpers Ferry Item# Item Quantity Units Unit Cost Total 300 15"RCP Type Ill(Structural Backfill),including related items 504 LF $86.00 $43,344.00 and appurtenances,complete in place 301 18"RCP Type Ill(Structural Backfill),including related items 504 LF $94.25 $47,502.00 and appurtenances,complete in place 302 24"RCP Type Ill(Structural Backfill),including related items 272 LF $124.75 $33,932.00 and appurtenances,complete in place 303 30"RCP Type Ill(Structural Backfill),including related items 48 LF $156.75 $7,524.00 and appurtenances,complete in place 304 36"RCP Type Ill(Structural Backfill),including related items 270 LF $222.40 $60,048.00 and appurtenances,complete in place 305 15"4:1 SETs(PSET-SP),including related items and 26 EA $1180.00 $30,680.00 appurtenances,complete in place 306 18"4:1 SETs(PSET-SP),including related items and 28 EA $1350.00 $37,800.00 appurtenances,complete in place 307 24"4:1 SETs(PSET-SP),including related items and 10 EA $1520.00 $15,200.00 appurtenances,complete in place 308 30"4:1 SETs(PSET-SP),including related items and 2 EA $2390.00 $4,780.00 appurtenances,complete in place 309 36"4:1 SETs(PSET-SP),including related items and 2 EA $4725.00 $9,450.00 appurtenances,complete in place 310 Headwall and Wingwall for Culvert Outfall w/Structural 1 EA $14625.00 $14,625.00 Backfill,including related items and appurtenances, complete in place 311 30°Concrete Headwall with parallel wings for 1 EA $9720.00 $9,720.00 1—24"RCP Culvert w/Structural Backfill,including related items and appurtenances,complete in place 312 0°Concrete Headwall with flared wings for 1 EA $11175.00 $11,175.00 1—36"RCP Culvert w/Structural Backfill,including related items and appurtenances,complete in place 313 0°Concrete Headwall with flared wings for 1 EA $12820.00 $12,820.00 2—36"RCP Culvert w/Structural Backfill,including related items and appurtenances,complete in place 314 Culvert Markers,including related items and appurtenances, 8 EA $105.00 $840.00 complete in place 315 4"Thick Concrete Slope Paving w/6"cement stabilized 715 SY $64.00 $45,760.00 sand,including related items and appurtenances,complete in place 316 2.0'Wide x 4"Thick Concrete Pilot Flumes,including 50 SY $141.75 $7,087.50 related items and appurtenances,complete in place 317 Type R Rock Rip Rap,200-2501b,Hand Placed,Non- 161 SY $95.25 $15,335.25 Grouted(18"Embedment)for Crossing Culverts,including related items and appurtenances,complete in place Sub Total-Storm and Drainage(Harpers Ferry) $407,622.75 Exhibit B-Bid Form. Harpers Ferry Road and Cricket Pass Reconstruction Pavement,Earthwork and Storm GE Job#:21-0511-01/GLS Job#61901.9 • • • • Cricket Pass 318 18"RCP Type III(Structural Backfill),including related items 160 LF $98.00 $15,680.00 and appurtenances,complete in place 319 24"RCP Type IV(Structural Backfill),Including related 60 LF $128.45 $7,707.00 items and appurtenances,complete in place • 320 60"RCP Type ill(Structural Backfill),including related items 49 LF $575.00 $28,175.00 and appurtenances,complete in place 321 9'x5'RCB(Structural Backfill),including related items and 33 LF $2,705.00 $89,265.00 appurtenances,complete in place 322 15"4:1 SETs(PSET-SP),including related items and 10 EA $1,180.00 $11,800.00 appurtenances,complete in place 323 24"4:1 SETs(PSET-SP),including related items and 2 EA $1,520.00 $3,040.00 appurtenances,complete in place 324 45°Concrete Headwall for 1—60"RCP Culvert w/Structural 2 EA $10,500.00 $21,000.00 Backfill,Including related Items and appurtenances, complete in place 325 90°Concrete Headwall for 1—9'x5'RCB Culvert w/ 2 EA $14,500.00 $29,000.00 Structural Backfill,including related items and appurtenances,complete in place 326 Culvert Markers,including related items and appurtenances, 6 EA- $105.00 $630.00 complete in place • 327 Type R Rock Rip Rap,200-2501b,Hand Placed,Non- 429 SY $95.25 $40,862.25 Grouted(18"Embedment)for Crossing Culverts,Including related items and appurtenances,complete in place Sub Total-Storm and Drainage(Cricket Pass) $247,159.25 Sub Total-Storm and Drainage $654,782.00 Exhibit B-Bid Form Harpers Ferry Road and Cricket Pass Reconstruction • Pavement,Earthwork and Storm GE Job#:21-0511-01/GLS Job#619019 Pavement and Earth Work Harpers Ferry Item# Item Quantity Units Unit Cost Total 400 Earthwork-Cut to Fill,Design Grades,including related 800 CY $13.85 $11,080.00 items and appurtenances,complete in place 401 Earthwork-Cut to Haul off,including related items and 2,100 CY $22.85 $47,985.00 appurtenances,complete in place 402 Earthwork-General Fill to Design Grades,including related 300 CY $28.30 $8,490.00 items and appurtenances,complete in place 403 Earthwork-Remove and Replace Unsuitable Soils and 300 CY $40.15 $12,045.00 Material with Select Fill Including Compaction(In Place). Limits of Remove and Replace to be Approved by Engineer Prior to Initiating Work.Includes all related items and appurtenances,complete in place 404 Earthwork-Remove and Replace Unsuitable Soils and 300 CY $38.65 $11,595.00 Material with General Fill Including Compaction(In Place). Limits of Remove and Replace to be Approved by Engineer Prior to Initiating Work. Includes all related items and appurtenances,complete in place Earthwork-Remove and Replace soils and materials with 300 CY $89.15 $26,745.00 cement stabilized sand(In Place).Limits of Remove and 405 Replace to be approved by Engineer prior to initiating work. Includes all related items and appurtenances,complete in place 406 6"Lime-Cement Mix Stabilization of Subgrade w/ 14,633 SY $4.60 $67,311.80 Compaction(Does Not Include Cost of Lime-Cement), including related items and appurtenances,complete in place 407 Lime-Cement Slurry for Stabilization of Subgrade w/ 159 TON $350.65 $55,753.35 Compaction(Assume 4%by weight)including related items and appurtenances,complete in place 408 6"-Type B Black Base,including taper,related items and 13,643 SY $41.75 $569,595.25 appurtenances,complete in place 409 2"-Type C HMAC,including taper,related items and 12,157 SY $14.75 $179,315.75 appurtenances,complete in place 410 4"-Type B Black Base for Driveways and Mailbox Turnouts, 1,658 SY $32.70 $54,216.60 including related items and appurtenances,complete in place 411 2"-Type C HMAC Driveway and Mailbox Turnouts, 1,658 SY $16.50 $27,357.00 including related items and appurtenances,complete in place 412 8"-Reinforced Concrete Pavement,including related items 507 SY $97.85 $49,609.95 and appurtenances,complete in place 413 15"Cement Treated Base for Concrete Bridge Approach, 563 SY $123.50 $69,530.50 including related items and appurtenances,complete in place Sub Total-Pavement&Earthwork(Harpers Ferry) $1,190,630.20 • Exhibit B-Bid Form Harpers Ferry Road and Cricket Pass Reconstruction Pavement,Earthwork and Storm . GE Job#:21.0511-011GLS Job#619019 • Cricket Pass 414 Earthwork-Cut to Fill,Design Grades,including related 500 CY $13.85 $6,925.00 items and appurtenances,complete in place 415 Earthwork-Cut to Haul,to Design Grades,including related 100 CY $34.75 $3,475.00 items and appurtenances,complete in place 416 Earthwork-General Fill to Design Grades,including related 100 CY $29..65 $2,965.00 items and appurtenances,complete in place 417 Earthwork-Remove and Replace Unsuitable Soils and 50 CY $43.40 $2,170.00 Material with Select Fill Including Compaction(In Place). Limits of Remove and Replace to be Approved by Engineer Prior to Initiating Work.Includes all related items and appurtenances,complete in place 418 Select Fill(Material Only)Includes all related items and 50 CY $27.50 $1,375.00 appurtenances,complete in place 419 Earthwork.-Remove and Replace soils and materials with 50 CY $89.20 $4,460.00 cement stabilized sand(In Place). Limits of Remove and Replace to be approved by Engineer prior to initiating work 420 Cement Stabilized Sand(Material Only).Includes all related 50 CY $73.60 $3,680.00 items and appurtenances,complete in place 421 6"Cement Stabilization of Subgrade wl Compaction(Does 3,140 SY $4.60 $14,444.00 Not Include Cost of Cement)Includes all related items and appurtenances,complete in place 422 Cement Slurry for Stabilization of Subgrade w/Compaction 51 TON $350.65 $17,883.15 (Assume 6%by weight)Includes all related items and appurtenances,complete in place 423 6"-Type B Black Base,including taper,related items and 2,910 SY $42.15 $122,656.50 appurtenances,complete in place 424 2"-Type C HMAC,including taper,related items and 2,586 SY $16.00 $41,376.00 appurtenances,complete in place 425 4"-Crushed Limestone Base for Driveways,including 331 SY $36.70 $12,147.70 related items and appurtenances,complete in place 426 2"Type C HMAC Driveways,including related items and 331 SY $18.80 $6,222.80 appurtenances,complete in place Sub Total-Pavement&Earthwork(Cricket Pass) $239,780.15 Sub Total-Pavement and Earth Work $1,430,410.35 • • • Exhibit B-Bid Form Harpers Ferry Road and Cricket Pass Reconstruction Pavement,Earthwork and Storm GE Job#:21-0511-01/GLS Job#619019 .. • Construction Cost $2,644,481.00 Contingency Allowance $150,000.00 Calendar Days to Complete • 2 2 5 days Total Construction Cost $2,994,481.00 Alternate 1-Concrete Driveways(Harpers Ferry) Item# Item Quantity _ Units Unit Cost Total 427 6"Concrete Driveways and Mailbox Turnouts,Complete In 1,562 SY $87.30 $136,362.60 Place.Reduce Items 410 and 411 by 96 SY 428 Items 410 and 411 Deduction 1,562 SY -$49.20 -$76,850.40 Sub Total-Alternate 1(Harpers Ferry) $59,512.20 Alternate 2-Concrete Driveways(Cricket Pass) Item# Item Quantity Units Unit Cost Total 429 6"Concrete Driveways,Complete in Place. 331 SY- $94.66 $31,332.46 430 Items 425 and 426 Deduction 331 SY -$55.50 -$18,370.50 Sub Total-Alternate 2(Cricket Pass) $12,961.96 Construction Cost(w/Alternate 1 and Alternate 2) $2,916,955.16 Contingency $150,000.00 Calendar Days to Complete 2.25 days Total Construction Cost • $3,066,955.16 Note:All earthwork quantities shown exclude existing/proposed pavement.Haul off of existing pavement paid separately.Earthwork quantities are in place without cut/fill factors. 5. List of Exhibits that respondent has confirmed they have reviewed before signing and submitting this response: a. Exhibit A: Prevailing Wage Rates b. Exhibit B: Bid Form c. Exhibit C: County Construction Agreement d. Exhibit D: Drawings e. Exhibit E: Supplementary Conditions f. Exhibit F: Specifications g. Exhibit G:Utility Maps h. Exhibit H: GeoTech Reports 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 proposal submission. Failure to include these items will disqualify your proposer. a.Completed and signed RFP including: i. References(Section T) ii. Certification of Proposal(Section X) b.Bid Bonds c.Exhibit B—Pricing Form R. PRICING Complete Exhibit B attached and submitted with the proposal. S. REFERENCES Respondents shall provide a list of at least five (5)references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. References received on previous solicitations for similar size and scope in the previous six (6) months may be considered in lieu of obtaining a new reference check. A negative reference may be grounds for disqualification of bid. Respondents are not allowed to use Brazos County as a reference. Company/Entity: TX DOT Contact: T(a.rYles kre .mer Phone: 179 -77g- a I CQ 5 Email: - pr v+&e..S . K reA wt Qx-P 4-x A.0#• O V 16 I Page • Company/Entity: Texas A M Uni verg Fy Contact: &ke O I s-en Phone: 6171- 5q5` 75P( Email: k a€I . D j S en @ s sc sery.&o ') Company/Entity: C 1 l / bf Bryan yo n Contact: 5 I ALy Li net. r" Phone: 17 q-a o -✓ o q O Email: S 1.10ta • b c� �a N A-?C. �✓ Company/Entity: T x D O J Contact: Tames Rob bi rt s Phone: q7q- -2165 Email: -2-prvK11...s. n o‘o ba S ��'__ k c.e .e{ Q v Company/Entity: C i+ O1 CaIOW e I Contact: T h oimas Tr nick Phone: l 7 q- 5 I q 6 39 Email: *k r, LL C Ar-� d W t_\� 'T?C • %O V 17IPage T. PROPOSAL EVALUATION WAIVER By submitting a proposal or response, each Proposer/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Proposal or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The Proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. . STATEMENT OF AFFIRMATION The undersigned affirms that he/she is duly authorized to execute this waiver by the person(s) or business entity making the proposal. • Firm's Name: bYlo Zo s fo W 9 s c . Address: 1 lQ'l S$C1te ►lV 1 \INR.5 t , 1Y11 cb01 Proposer's Name: $`I11 VY i1 Position/Title: an,OV V •Q. Proposer's Signature: Date: S l(.a 2,o Z 4 • Subscribed and sworn to me on this day of in the year otary Public oti�sv 4` `fWOM S . DERS a �o ID#128944838 My Commission 2028pires April 5 My Commission expires Irk c U. ADDENDA The undersigned acknowledges responsibility for all addenda issued prior to closing date. No addenda will be issued less than 48 hours prior to the solicitation submission deadline. No. 1 No. No. Date 5( If7....CJZL( Date Date 18 I Page V. CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Contractor, and that the contents of this proposal have not been communicated to any other Contractor prior to the official opening. Signed By: Title: Stnl(W \(.7. Typed Name: a ,1 .emtit Company Name: I?) 0< ��V[i� xi Y . Mailing Address: PO Cam'1114 q h T ( 11 1P P.O. Box or Street City State Zip Employer Identification Number: 11A'L1.1Y4)15 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 24-618 By signing below, Brazos County agrees that this RFP CIP 24-618.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: Q . / A. O ca Attest:Brazos County Clerk C 6 LPQV`. qei/dr. jilaikd 19 I Page .'�y���E Op �,.• Brazos County /./:- Purchasing Department 200 S.TX.AVE.,STE 352 BRYAN,TX 77803 PHONE(979)361-4292 FAX(979)361-4293 Addendum #1 to CIP# 24-6.18 Harpers Ferry Road & Cricket Pass Reconstruction Issued: May 13,2024 " Change: Adding lengths of headwalls on Harpers Ferry and bid form in Xcel format Reason: Clarification on the headwalls and request for bid form in Xcel Exhibit I and J will be uploaded under Attachments. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. 11111111111111111 Acknowledgment of Addendu :1 __ � ' Signature: l - Printed Name: �.1 i Prtie.k.h.y ❑ n LI El 0 o LI 2024 HARPERS FERRY AND CRICKET PASS RECONSTRUCTION Past Performance on Similar Projects of Size and Scope: • TXDOT FM 845 o We removed 29,333 SY of stabilized base and asphalt pavement which was 7"-12" deep, then placed 8,122 tons of asphalt. o Earthwork included 448 tons of cement used to treat 29,736 SY of existing material and 12,056 SY of new material. o Storm included box culverts ranging from 4'x2'to 8'x8', 18"-36" RCP totaling a length of 669 LF. We additionally installed SET and wing walls for the culverts. o The owner for this job was TXDOT. It was completed on-time in August 2023. o The total contract amount for this job was$3,982,426. • PA 47/51 Phase 2 o The total contract amount for this job was$988,279. o We milled and replaced 25,700 SY of 2" HMAC and mixed 3%of cement into 6"of existing material. o We performed all of the traffic control for this job. o The owner for this job is Texas A&M University. It was complete on-time August 2023. • City of Bryan 2021 Street Maintenance o This job included 170,000 SY of planning and milling asphalt and wedge. We placed 1000 SY of 4"type b HMAC, 129,094 SY of 1.5"type D HMAC,and 5462 SY of 2"type D HMAC. Also, reconstructed several streets with this project. o The total contract amount for this job was$2,278,673. o We removed and relayed 200 LF of 18" culvert and installed 10 18"SETs. o Preformed all of the traffic control throughout the job. o The owner for this job is the City of Bryan. It was completed on-time in July 2022. • TXDOT FM 2818 Overlay o The total contract amount for this job is$1,660,054. o We removed 90,971 SY of asphalt and placed 11,313 tons of SP mixes SP-C SAC-A PG70- 22. o The owner for this job was TXDOT. It was completed on-time in July 2022. • City of Caldwell Street Improvements o The total contract amount for this job was$440,192. o We placed 1,325 tons of asphalt. o Earthwork included 6"cement stabilization of 9,834 SY existing base and asphalt. o The owner for this job was the City of Caldwell. It was completed on-time in January 2022. Equipment To Be Used For Harpers Ferry Road and Cricket Pass Reconstruction EQUIP TYPE Equip# Yr Equip Descrip Model Asphalt Equip ADT-1 2001 Freightliner FRT TN Asphalt Equip AP-3 2020 2020 VOGELE SUPER 2000-3i 2000-3i TRACK PAVER Asphalt Equip AP-4 2022 2022 VOGELE 51700-3i S1700-3i TRACK PAVER Backhoe Loader BH-80 CAT 420E Backhoe Loader BH-81 CAT 416E Broom B-35 LAY-MOR Broom B-4 Laymor 8HC-8' Broom 8HC Sweeper Broom B-5 Laymor 6HC-8' Broom 6HC Sweeper Compactor C-12 2016 Dynapac CA2500PD Compactor C-61 2007 Case SV208 Vibratory SV208 padfoot compactor Compactor C-68 Hamm 84"Pad Roller H-10i 2009 Crash Truck CT-01 2009 INTERNATIONAL 4300 4300 CRASH TRUCK BREAKER HAMMER BH-1 NA MAKITA NA Excavator EX-21 CAT 336DL Excavator EX-32 2018 KUBOTA CRAWLER KX080-4SR3A EXCAVATOR Excavator EX-33 2016 CASE CX490D CX490D EXCAVATOR Excavator EX-35 2018 2018 CAT Hydraulic 308E2CR Excavator Excavator EX-39 2015 CAT 323FL Loaders L-10 JOHN DEERE 644K 644K LOADER Loaders L-11 JOHN DEERE 644K 644k LOADER Loaders L-182 2012 JOHN DEERE 744K Message Board MB-2 2017 CMS-T331L MESSAGE CMS-T331L BOARD Message Board MB-3 2017 CMS-T331L MESSAGE CMS-T331L BOARD Milling Machine MM-101 2020 Wirtgen Milling W200F1 Machine Motor Grader MG-100 2014 CAT 140M3 Motor Grader MG-114 2005 JOHN DEERE 772D Motor Grader MG-116 JOHN DEERE JD770G Pneumatic Roller SPR-21 2021 HAMM 8 Wheel Roller GRW 180i-20 Soil Stabilizer SM-38 2003 CAT RM250C Soil Stabilizer SM-39 2018 Wirtgen WR200 Steel Wheel Roller SW-131 HAMM H 14V0 Steel Wheel Roller SW-132 2021 HAMM OSCILLATION HD 120i 78" ROLLER Track Tractor TT-22 2024 CAT D4 LGP D4LGP CRAWLER DOZER Track Tractor TT-23 2024 CAT D4 LGP D4LGP CRAWLER DOZER All Equipment is owned by Brazos Paving. We also have our own mechanics and back-up equipment to ensure that a job does not stop because of equipment breakdowns. Our mechanics keep equipment in top shape. Martin Jackson President Billy Prewitt Senior°VP Andy Jackson VP Joseph Smith --�-- Jared Spivey Devin Fischer General Super. -�-� � Project Manager Project Manager Joe Sustaita I Mark Becker Scott Dodson Mike Marcus Asphalt.Super. Concrete Super. Utilities Super Dirt Super. Juan Requena Raymond Vasquez. Juan Soto Climaco Vil'eda Site Super. Asphalt Foreman Concrete Foreman Utilities Foreman i VV Kade Kenney David Gonzales 6 Antonio Gonzalez lsaiahs Hernandez ` Site Super. Asphalt Foreman Concrete Foreman Utilities Foreman Keats Stark Site Super. Beto Garcia Asphalt.Foreman. Jorge Ramirez Dirt Foreman • YEARS OF EXPERIENCE: 32 MARTIN �r • J AC KS O N President of BPI,oversees daily operations and all employees. President /41\ • • • EDUCATION • EXPERIENCE Delmar College PRESIDENT Electrical 6 Math Associates,1991 Brazos Paving, Inc. 12005 TEEX Fire Training School Oversees entire company. • Firefighter, GENERAL SUPERINTENDENT • MAJOR PROJECTS Young Ready Mix 11996-2005 • Legends Amenities President • Bryan,-TX Owner: City of Bryan Final Cost: S3.2 million • CONTACT Description: Utility•work,including water • and storm sewer. Installed pedestrian bridge. 27,000SF of concrete sidewalk,12" • curb wall, head wall, retaining wall,and Phone Number stabilized subgrade installed. • 979-412-5136 Texas Ave Medians(TXDOT) E-mail Address President mjackson@bpitx.com Bryan,TX Owner:TXDOT Final Cost: S5.3.million Description: Removal of concrete medians, sidewalks,and driveways. Install 5,000SY of • landscape pavers,.13,000LF of curb, 6,000SY of median. • CERTIFICATIONS • Intermediate #3 • • President CPR/First Aid Certified Bryan,TX OSHA 10 • Owner: Bryan Independent School District. American General Contractors Final.Cost: 52.8 million • Description: installed 4,000LF of storm NUCA Evacuation Safety sewer and 1200LF of sanitary sewer. 42 American Concrete Institute Lvl 1 Tech inlets and boxes installed.40,000CY of- onsite cut Et fill.All earthwork for the parking lot and sidewalk. -YEARS OF EXPERIENCE: 29 BILLY PREWITT Oversee all projects from the management Senior Vice President side,including scheduling,estimating, • 11111\ operations,and identifying potential issues. • EDUCATION • EXPERIENCE Texas ABM University SENIOR VP B.S.in Construction Science,2000 Brazos Paving, Inc. I 2000 Lee College 23 years at BPI,starting out as an estimator and working up to Senior V.P. Oversees the estimating General Studies,1998 department and office operations,as well as • project management. • MAJOR PROJECTS • STUDENT WORKER Coulter Dr. Rehabilitation TAMU CoSci Dept I 1999-2000 Project Manager Bryan,TX LABORER • Owner: City of Bryan • Final Cost: S4.8 million Angel Brothers l 1994-1998 Description: 18 months of traffic control. Demo and removal of HMAC,215,000SF of concrete, and storm lines. Installed 23,0.00SY of concrete o. CONTACT paving,8000LF of curb,and head walls. Removal and replacement of utilities. ' Phone Number Texas Ave Medians (TXDOT) 979-412-5138 Project Manager/Safety Manager Bryan,TX E-mail Address Owner:TXDOT b.prewitt@bpitx.com • Final-Cost: 55.3 million Description: Removal of concrete medians, sidewalks,and driveways. Install 5,000SY of landscape pavers,13,000LF of curb, • CERTIFICATIONS 6,000$Y of median. • • Easterwood Airport Taxiway A Ph 3 CPR/First Aid Certified Project Manager. Underground Fire Suppression College Station,TX (RME) Owner: Easterwood Airport Final Cost: S7.5 million Description: Removal of 15,000SY of asphalt and concrete. Installation of 18",30"and 36" RCP,type A base,11,000TN of asphalt, • inlets;and guardrail. • YEARS OF EXPERIENCE: 11 • ANDY JACKSON' 'NjAgii -- • Vice President VP of BPI and operation manager,overseeing day-to-day field operations. • • • • • • • • • • EDUCATION • EXPERIENCE* Blinn College VICE PRESIDENT General Studies,2015 Brazos Paving, Inc. 12010 AMC High School • Oversees field operations. H.S.Diploma,2008 STUDENT SUPERVISOR • • MAJOR PROJECTS . " TAMU Golf Course 12008-2010 Legends Amenities Vice President Bryan,TX • Owner: City of Bryan _ Final Cost: 53.2 million " " CONTACT • Description: Utility.work,including water • and storm sewer. Installed pedestrian • bridge.27,000SF of concrete.sidewalk,12" • ' Phone Number curb wall, head wall,retaining wall,and • stabilized subgrade installed. 979-412-3308 • Texas Ave Medians (TXDOT). E-mail Address • Vice President a.jackson@bpitx.com Bryan,TX • Owner:TXDOT Final Cost: S5.3.million • Description: Removal of concrete medians, • sidewalks,and driveways. Install 5,000SY of •' . landscape pavers,13,000LF of curb, 6,000SY of median. • CERTIFICATIONS • Intermediate #3 Vice President • CPR/First Aid Certified Bryan,TX OSHA'10 Owner: Bryan Independent School District • Final.Cost: 52.8 million Flogger Training • Description: Installed 4,000LF of storm NUCA Evacuation Safety • sewer and 1200LF of sanitary sewer. 42 TEEX Traffic Control ' inlets and boxes installed.40,000CY of " • onsite cut 8 fill.All earthwork for the parking lot and sidewalk. • • - YEARS OF:EXPERIENCE: 24 JUAN REQUENA .7.14\ Oversees a job site and the crew.Orders Site Superintendent materials and ensures that job goes smoothly. • • • EDUCATION • EXPERIENCE Caldwell High School • SITE SUPERINTENDENT High School Diploma,1994 Brazos Paving, Inc. 12012 • FOREMAN • MAJOR PROJECTS Texcon 12000-2012 • • Legends Amenities • CONTACT • Site Superintendent Bryan,-TX Owner: City of Bryan - Phone Number - Final Cost:S3.2 million Description: Utility work,including water 979-412-5136 and storm sewer. Installed pedestrian bridge.27,000SF of concrete sidewalk,12" E-mail Address • curb wall, head wall, retaining wall, and mjackson@bpitx.com stabilized subgrade installed. • - • Rellis Infrastructure Ph 3A • Concrete Superintendent • CERTIFICATIONS • Bryan,TX - Owner: Rellis CPR/First Aid Certified Final Cost: 51.6 million • - Description: 161,360SF of 8" concrete OSHA 10 paving,16,088SF of concrete flumes, NUCA Evacuation Safety • -- 10,224LF of 6" monolithic curb,and - - • installation of guardrails. • • CURRENT PROJECTS - The Landing, College Station • JARED SPIVEY YEARS OF.EXPERIENCE:.3 ®"'' Organize and manage several.projects, Project Manager • communicating with owners and engineers. .i000014\ Ensures that jobs are on schedule. • EDUCATION • EXPERIENCE . Texas A&M University PROJECT MANAGER 9r• B.S.in Architecture with a Minor in Brazos Pavin Inc. 12021 . Creative Studies and Leadership in Handles all the scheduling and communication for Construction,2023 several jobs,including work for TXDOT,cities,and Texas A&M. • • MAJOR PROJECTS • . • PA 47/51 Ph. 1 • CONTACT Project Manager College Station,TX • Owner: Texas ABM Phone Number Final Cost: S1.4 million 979-595-4781 • Description: Demo 25,000Sf of concrete,install • 18" and 36" HDPE,install 19,000SF of 6" E-mail Address - concrete,and install 22,000SF of sidewalk. j.spiveyebpitx.com Midtown Park PH 8A - • Project Manager Bryan,TX • Owner: City of Bryan - • Final Cost: S8.0 million Description: RCP,rock rip-rap,1,500LF of 8" • CERTIFICATIONS PVC;water construction iterris,•1,500LF of 12" PVC sewer line and sanitary sewer items, First Aid Certified 17,000SF of 7"concrete, earthwork,and CPR/First median on Villa Maria. Easterwood Airport Taxiway A Ph 3 • Project Manager • College Station,•TX Owner: Easterwood Airport Final Cost: 56.9 million Description: Removal of 15,000SY of asphalt and concrete. Installation of 18",30"and 36" RCP,type A base, 11,000TN of asphalt, inlets,and guardrail. THE CINCINNATI CASUALTY COMPANY CINCINNATI,OHIO Bid Bond PUBLIC CONTRACTS KNOW ALL MEN BY THESE PRESENTS, that we Brazos Paving, Inc. , PO Box 714 Bryan,TX 77806 as Principal, hereinafter called the Principal, and THE CINCINNATI CASUALTY COMPANY, 6200 South Gilmore Road, Fairfield, Ohio 45014-5141, a corporation duly organized under the laws of the State of Ohio,as Surety, hereinafter called the Surety,are held and firmly bound unto Brazos County Purchasing Department, 200 S.Texas Ave. Bryan,TX 77803 as Obligee,hereinafter called the Obligee,in the sum of 5% of Amount Bid. Dollars($5%of Bid Amount ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for Harpers Ferry Road and Cricket Pass Reconstruction RFP No. CIP 24-618 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein for acceptance (60 days if no period is specified) and the Principal shall enter into a Contract with the said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the period specified (30 days if no period is specified); or if the Principal shall, in the case of failure to do so, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not to exceed the penalty of this bond,then this obligation shall be null and void; otherwise to remain in full force and effect. Signed and sealed this 16th day of May, 2024. • Brazos Paving, Inc. -- _ 'ncipal) - (Seal) By. 1 . - :`Jf, V• T i NAA ty.3I4' (title) THE CINCINNATI CASUALTY COMPANY (Seal) • BY • '11( I LQ Randi the Attorney-in-Fact SQ-2000(8/08)PUBLIC THE CINCINNATI INSURANCE COMPANY : - ' THE CINCINNATI CASUALTYCOMPANY "' .. •• Fairfield,Ohio •' .• • • 'POWER OF ATTORNEY.' :' KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY":•' .: :•:• COMPANY,corporations organized under the laws,of the State of Ohio,and,having their principal offices in the City cif"Fairfield,Ohio (herein collectively called the"Companies"),do hereby constitute and appoint ; " Vladimir Chemadurov;Rob Eppers;.Michelle McCall;Russell Gourgues;Lauren Wood;Rand.i'Meche;Lisa Marroquin and/or James R.Jackson . of Houston,Texas: .:•: .:: --- •- • : :.. - their true and legal Attorneys)-in-Fact,each in their separate capacity if more than,one is named above,. to sign,execute;seal and .: deliver on behalf of the Companies as.Surety,any and:all bonds,policies,undertakings or other like instruments,as follows: .. • -• .• • •'Any such obligetions•in-the United States,up•to :' ,' -.Fifty Million and No/'100.Dollars($50,000,000:00)•': '.•. : : This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati'",:• _ Insurance Company and The Cincinnati.Casualty Company,which resolutions'are:now.in full force and effect,reading as follows::.: :: . RESOLVED,:that•the President or any Senior Vice President be hereby authorized,:and:empowered to appoint Attorneys-in-Fact . of the Company to execute'any and all bonds,policies,undertakings;or other f ke instruments on-behalf of the Corporation,:and may authorize any officer or any such Attorney-in-Fact:to•affix the corporate:seal;and may with or without cause modify or revoke any such appointment or authority.Any such Writings so executed by-such Attorneys-in-Fact shall be binding upon the' .. • •' . Company.as if they had been duly executed and acknowledged:by:the regularly elected officers of the Company. RESOLVED,that the signature of the President:or any,Senior Vice President.and the seal of the Company may be affixed'by.': facsimile on any power of attorney granted,and the signature of the Secretary.or Assistant Vice:President and the Seal of the Company:may be affixed by facsimile to any certificate of:any such power and any.such.power of certificate bearing such facsimile signature-and seal shall-(ie:valid and binding on•the CoMpany. Any such.power so executed and,sealed and certified . by certificate so executed.and sealed shall,with.respect to any bond or:undertaking to which it is-attached,continue to be'valid- • andbinding on the .omparly. IN WITNESS WHEREOF,the Companies have these presents:to be sealed'with their:corporate seals,duly attested:by their • . President or any Senior Vice President this'16th:day of March,2021.'• '- - .•,,o...q,' a•0 Gll1.4 .: . • . .. . . .. • •- . • • •. _ . . .. . . ii. '.. CORPORATE. CORPORATE " * SEAL .' .:-" S E:A L ` -- ... :: .'.• .. ,•• .. .-:- - THE CINCINNATI'INSURANCE'COMPANY .. .. oHIo oeio " " '• :THE CINCINNATI CASUALTY COMPANY -' STATE OF:OHIO ' : )SS - ... . .5 ::> .COUNTY OF BUTLER ) ' On this 16th day of March,202:1:before me came the above-named President or Senior Vice President of.The•Cincinnati Insurance •,•, Company and The Cincinnati-Casualty Company,to me personally known to be the:officer.described herein',and acknowledged that the . .- . • seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the:signat_ure of the ' officer were duly affixed and subscribed to said:instrument by the authority:and direction of said-corporations. -•- ••• •: •• - ' *? ?*?'::-: - .•. -•_Keith,Co ett,Attorney-at Law.-, •. •. • :, NotaryPublic—State of Ohio • • .`�•gr��OF.•0.�.•°�. -." : -.••' •• —• : :::• My commission has no expiration date.: . . • Section 147:03 O:R.C.• ' I,the undersigned Secretary or Assistant Vice-President of The:Cincinnati Insurance:Company and The Cincinnati Casualty Company,.::- hereby certify that the'above is the Original Power of Attorney issued.by:said Companies,and•'do hereby further certify that.the said •• ' " Power of Attorney.is:still:inofull force and effect. :': "' . ". ' ' ' Given under m .hand and seal'of.said Companies at Fairfield,:Ohio,this :day of May2024 :•:• •.. YP 16th:':.. y CORPORATE e " :CORPORATE� " SEALS -- � SEAL � ...•. _. áTJ1b . .. .. .. BN-1457(3/21) : ..•. • - TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call our toll-free telephone number for information or to make,a complaint at: 1-800-635-7521 You may also write to us at: The Cincinnati Insurance Companies or The Cincinnati Insurance Companies 6200 South Gilmore Road P.O. Box 145496 Fairfield,Ohio 45014 5141 Cincinnati,Ohio 45250-5496 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin,TX 78714-9104 FAX#(512)475-1771 Web:http://www.tdi.state.tx.us E-mail:ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES:Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY:This notice is for information only and does not become a part or condition of the attached document. IA 4332 TX 11 09 RFP#CIP 24-618 Harpers Ferry Road &Cricket Pass Reconstruction Max Points Brazos Paving, Texas Materials Larry Young Paving, Texcon General Knife River Corp.- MB Western Available Inc.** Group,Inc. Inc* Contractors South Construction Co. 1 Total Cost including the contingency and addenda $2,148,499.55 $4,227,167.00 $3,922,317.00 $3,654,079.94 $4,002,233.03 $4,247,758.83 Points for Cost 30 30 22 23 25 23 22 2 Completion Time 180 208 180 180 269 270 Points for Time 15 15 13 15 15 10 10 3 Past performance on similar projects of size and scope 20 20 20 20 11 20 13 4 Overall experience of Project Manager&Superintendent 20 20 20 20 19 20 10 5 Resource availability 15 15 15 15 15 15 9 Technical Proposal Total 100 99 88 92 84 87 64 •Clarrification for Days was emailed ••Negotiaitons and Revised Plans Reviewed Committee Recommended Award: Brazos Paving,Inc. (� Approve. •! • 7 mission is C rt n this day of \\—'#. V.,�,2024 by holding the position o 15 ••,.. " 3.... mosITIIU 1, , , . ': 4-: ..! 1 .. ..: . X1 .• 01_ MASTER SERVICE AGREEMENT Agency's Name: Brazos County Sheriff's Office Agency's Address: 1700 Hwy 21 W Bryan,Texas 77803 Agency's Sourcewell Member ID: 1518 Attention: Lieutenant Garrett House Sales Rep: Jean Farmer Lexipol's Address: 2611 Internet Boulevard, Suite 100 Frisco,Texas 75034 Effective Date: (to be completed by Lexipol upon receipt of signed Agreement) This Master Service Agreement (the "Agreement") is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), and the department, entity, or organization referenced above ("Agency"). This Agreement consists of: (a) this Cover Sheet (b) Exhibit A-Selected Services and Associated Fees (c) Exhibit B-Terms and Conditions of Service This Agreement is entered into subject to the terms and conditions contained in Sourcewell Contract Number 011822-LXP (the Sourcewell Contract). In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions set forth in the Sourcewell Contract,the terms and conditions of the Sourcewell Contract shall control. Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement. Brazos County fice Lexipol, LLC Signature: ignature: Pr--- c Print Name: "-----") ��� n A, ��,.���S Print Name: Ja oos Title: 0 © U r- t t��.- Title: VP & General Counsel 1116 Date Signed: / ‘. 6 ,,,, 4 , Date Signed: 7/31/2024 Exhibit A SELECTED SERVICES AND ASSOCIATED FEES Agency is purchasing the following: Online Learning LMS Subscriptions Prorated Ql1(� 'DESCRIPTION °.. ° ; $:. •`:UNIT PRISE $OQRCE1tI ELL : ' DISC AMT' ; EXTENDED �a8 DISC. 115 PoliceOne Academy Annual Rate With OLL USD 10.00 5% USD 57.50 USD 1,092.50 Services (Start: 8/1/2024 End: 9/30/2024) 145 Additional Platform CorrectionsOne USD 2.50 5% USD 17.40 USD 345.10 Academy Annual Rate Per User(Start: 8/1/2024 End: 9/30/2024) 7 Dispatchl Academy Annual Subscription USD 5.67 5% USD 1.96 USD 37.73 (Start:8/1/2024 End: 9/30/2024) P Subscri pt on Line ItemszTotal USD 76.86 - USD'1,475 33 ° - , . � USD 76.86' USD 1,47533 Online Learning LMS Subscriptions Prorated Sourcewell Discount: USD 76.86 Online Learning LMS Subscriptions Prorated TOTAL: USD 1,475.33 Online Learning LMS Subscriptions fiscal 2024/25 QTY DESCRIPTI °°. UNIT 0121eE$ OL'IRCI 1(IIELL D SCAMT` ° EXTENDED 8: as "` . 'g °DISC `�•5 115 PoliceOne Academy Annual Rate With USD 60.00 5% USD 345.00 USD 6,555.00 OLL Services (Start: 10/1/2024 End: 9/30/2025) 145 Additional Platform CorrectionsOne USD 15.00 5% USD 108.75 USD 2,066.25 Academy Annual Rate Per User(Start: 10/1/2024 End: 9/30/2025) 7 Dispatchl Academy Annual Subscription USD 34.00 5% USD 11.90 USD 226.10 (Start: 10/1/2024 End: 9/30/2025) Subscription Items Total USD 465.65,' hUSD 8,841.35: 1 .x, SD 8,8 . �- ° i U 4�i5:65�. • 'USD 47.35 Online Learning LMS Subscriptions fiscal 2024/25 Sourcewell Discount: USD 465.65 Online Learning LMS Subscriptions fiscal 2024/25 TOTAL: USD 8,847.35 The foregoing pricing has been prorated for the benefit of Agency and Agency therefore agrees that they will waive the right to cancel this agreement until the end of the first renewal period. Discount Notes Sourcewell Cooperative Contract Exhibit B Terms and Conditions of Service These Terms and Conditions of Service(the"Terms")govern the rights and obligations of Lexipol and Agency under this Agreement. Lexipol and Agency may each be referred to herein as a "Party"and collectively as the"Parties." 1. Definitions. Each of the following capitalized terms will have the meaning included in this Section. Other capitalized terms are defined within their respective sections, below. 1.1 "Agency"means the department,agency,office,organization,company,or other entity purchasing and/or subscribing to Lexipol Services,as may be further denoted on the cover sheet to which these Terms are attached. 1.2 "Agency Data" means all data, information, and content owned by Agency prior to the Effective Date, or which Agency provides during the Term of this Agreement for purposes of identifying authorized users, confirming departmental information,or which are ancillary to receipt of Lexipol Services. 1.3 "Agreement" means the combination of the cover sheet (signature page); Exhibit A ("Selected Services and Associated Fees");this Exhibit B;and any other documents attached hereto and expressly incorporated herein by reference. 1.4 "Effective Date" means the date specified on the cover sheet (signature page), or as otherwise expressly set forth and agreed upon by Lexipol and Agency in writing and defined as the"Effective Date." 1.5 "Initial Term" means the period commencing on the Effective Date and continuing for the length of time indicated on Exhibit A. If not so indicated,the default Initial Term is one(1)year from the Effective Date. 1.6 "Lexipol Content" means all content in any format including but not limited to written content, images, videos,data,information,and software multimedia provided by Lexipol and/or its licensors via the Services. 1.7 "Services"means all products and services,including but not limited to all software subscriptions,content licensing, professional services,and ancillary support services as may be offered by Lexipol and/or its affiliates from time to time. 2. Term; Renewal. This Agreement becomes enforceable upon signature by Agency's authorized representative, with an Effective Date as indicated on the cover page.This Agreement shall renew in successive one-year periods (each, a "Renewal Term") on the anniversary of the Effective Date unless terminated as set forth herein. The Initial Term and all Renewal Terms collectively comprise the"Term"of this Agreement. 3. Termination. 3.1 For Convenience; Non-Appropriation. This Agreement may be terminated by Agency at any time for convenience(including due to lack of appropriation of funds) by providing written notice to Lexipol.1 3.2 For Cause.This Agreement may be terminated by either party,effective immediately, (a) in the event the other party fails to discharge any obligation, including payment obligations, or remedy any default hereunder for a period of more than thirty(30) calendar days after it has been provided written notice of such failure or default; or(b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction. 3.3 Effect of Expiration or Termination. Upon the expiration or termination of this Agreement for any reason, Agency's access to the Services ordered pursuant to Exhibit A herein shall cease unless Lexipol has,in its sole discretion,provided for their limited continuation. Termination or expiration of this Agreement shall not, however, relieve either party from any obligation or liability that has accrued under this Agreement prior to the date of such termination or expiration,including payment obligations. 1 Note:fees paid for Online Services (as defined herein) are not eligible for refund, proration, or offset in the event of Agency's termination for convenience as Online Services are delivered in full as of the Effective Date.Fees pre paid for Professional Services may be eligible for offset to the extent such Services have not been delivered by Lexipol to Agency. Copyright© Lexipol,LLC 1995-2024 Rev.3.1.2024 1 4. Fees; Invoicing. Lexipol will invoice Agency at the commencement of the Initial Term and thirty (30) days prior to the commencement of each Renewal Term, if applicable. Agency agrees to remit payment within thirty(30) calendar days of receipt of Lexipol's invoice. Payments may be made electronically through Lexipol's online customer portal or by mailing a check to Lexipol at 2611 Internet Blvd, Ste. 100, Frisco, TX 75034 (Attn: Accounts Receivable). Agency is responsible for all third-party fees (e.g., wire fees, bank fees, credit card processing fees) incurred when paying electronically, and such fees are in addition to those listed on Exhibit A. Lexipol reserves the right to increase fees for Renewal Terms following notice to Agency.All fee amounts stated in Exhibit A are exclusive of taxes. Unless otherwise exempt,Agency is responsible for and will pay in full all taxes related to receipt of Lexipol's Services. If Agency is exempt, it must send its exemption certificate(s)to taxes@lexipol.com. 5. Terms of Service.The following provisions govern access to and use of specific Lexipol's Services: 5.1 Online Services. Lexipol's Online Services include all online services offered by Lexipol and its partners, affiliates, and licensors. Online Services include, without limitation, Lexipol's Policy Knowledge Management System ("KMS"), Learning Management System("LMS")2,Cordico wellness application(s),GrantFinder,and Virtual Instructor-Led Training(collectively, the"Online Services"). 5.2 Professional Services. Lexipol's Professional Services include certain paid Services that are not part of Lexipol's Online Services and which require the professional expertise of Lexipol personnel and/or contractors, including implementation support for policy manuals, technical support for online learning, accreditation consulting, grant writing', and projects requiring regular input from Lexipol's subject matter experts(collectively,"Professional Services"). Professional Services may also be referred to as"One-Time"Services on Exhibit A. 5.3 Intellectual Property. Lexipol's Services,and the Lexipol Content underlying such Services,are proprietary and,where applicable, protected under U.S. copyright, trademark, patent, and/or other applicable laws. By subscribing to Lexipol's Online Services,Agency and its personnel receive a personal,limited,non-sublicensable and non-assignable license to access and use such Services in conformity with these Terms. Nothing contained in this Agreement, and no course of dealing, shall be construed as conferring any right of ownership to Lexipol's Services or Lexipol Content. Lexipol's policy Content may be incorporated into Agency's final policies4,including beyond the expiration or termination of this Agreement, but Agency may not create other Derivative Works, share Lexipol Content with third parties, or commercialize Lexipol Content in any way. As used herein, other "Derivative Works" include any work product based on or which incorporates Lexipol Content, including any revision, modification, abridgement, condensation, expansion, compilation,or any other form in which Lexipol Content,or any portion thereof,is recast,transformed,or adapted. Agency acknowledges and agrees that Lexipol shall have no responsibility to update the Lexipol Content used by Agency beyond the Term of this Agreement and that Lexipol shall have no liability for Agency's creation or use of Derivative Works. 5.4 Account Security. Access to Lexipol's Services is personal and unique to Agency. Agency shall not assign, transfer, or provide access to Lexipol Services to any third party without Lexipol's prior written consent. Agency is responsible for maintaining the security and confidentiality of Agency's usernames and passwords and the security of Agency's accounts.Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency's account or Agency's usernames and/or passwords. 5.5 Agency Data. Lexipol's use of Agency Data is limited to providing the Services, retaining records in the regular course of business,and complying with valid legal obligations. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol's Services use the Secure Socket Layer (SSL) protocol, which encrypts information as it travels between Lexipol and Agency. However,data transmission on the Internet is not always 100%secure and Lexipol cannot and does not warrant that information Agency transmits to or through Lexipol or the Services is 100%secure. 2 LMS Services include,but are not limited to:PoliceOne Academy, FireRescuel Academy, EMS1 Academy,Corrections)Academy,and LocalGovU. 3 Agency is responsible for submitting all information reasonably required by Lexipol's grant writing team in a timely manner and always at least five(5)days prior to each grant application submission date.Agency is responsible submissions of final grant applications by grant deadlines.Failure to timely submit required materials to Lexipol's grant writing team will result in rollover of project fees to next grant application cycle,not a refund of fees.Requests for cancellation,of grant writing services which have already begun will result in a 50%fee of the total value of the service. 4 NOTE: AGENCY ACKNOWLEDGES AND AGREES THAT, PRIOR TO USE OR FINAL PUBLICATION BY AGENCY, ALL AGENCY POLICIES AND DAILY TRAINING BULLETINS(DTBs)HAVE BEEN INDIVIDUALLY REVIEWED AND ADOPTED BY AGENCY.AGENCY ACKNOWLEDGES AND AGREES THAT IT,AND NOT LEXIPOL,WILL BE CONSIDERED THE"POLICY MAKER"WITH REGARD TO EACH AND EVERY SUCH POLICY AND DTB. Copyright©Lexipol,LLC 1995-2024 Rev.3.1.2024 2 6. Confidentiality. Each Party may disclose information to the other Party that would be reasonably considered confidential, including Agency Data (collectively, "Confidential Information").The receiving Party will: (a) limit disclosure of any such Confidential Information to authorized representatives; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in this Agreement; and (c) not disclose any Confidential Information to any third party unless expressly authorized by the disclosing Party. Each Party may disclose Confidential Information pursuant to a valid governmental, judicial, or administrative order, subpoena, regulatory request, or equivalent, provided that the disclosing Party promptly notifies,to the extent practicable, the other Party prior to such disclosure so that the other party may seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information. 7. Warranty. LEXIPOL WARRANTS THAT ITS SERVICES SHALL NOT INFRINGE THE RIGHTS OR INTELLECTUAL PROPERTY OF OTHERS, ARE PROVIDED IN A PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH PREVAILING INDUSTRY STANDARDS,AND THAT THEY SHALL BE FIT FOR THE SPECIFIC PURPOSES SET FORTH HEREIN. NOTWITHSTANDING THE FOREGOING, LEXIPOL'S SERVICES ARE PROVIDED "AS-IS"AND LEXIPOL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED,OR OTHERWISE. 8. Indemnification; Limitation of Liability. Lexipol will indemnify,defend,and hold harmless Agency from and against any and all loss, liability, damage, claim, cost, charge, demand, fine, penalty, or expense arising directly and solely out of Lexipol's acts or omissions in providing the Services. Each Party's cumulative liability resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the aggregate amount of fees paid by Agency to Lexipol during the twelve-month period immediately prior to the assertion of such claim, demand, or action. In no event shall either Party be liable for indirect, incidental, consequential,special, exemplary damages,or lost profits. 9. General Terms. 9.1 Entire Agreement.This Agreement embodies the entire agreement between the Parties and supersedes all prior agreements with respect to the subject matter hereof.No representation,promise,or statement of intention has been made by either party that is not embodied herein. Terms and conditions set forth in any purchase order or other document that are inconsistent with or in addition to the terms and conditions set forth in this Agreement are rejected in their entirety and void, regardless of when received,without further action. No amendment,modification,or supplement to this Agreement shall be binding unless it is made in writing and signed by both parties. 9.2 General Interpretation.The terms of this Agreement have been chosen by the parties hereto to express their mutual intent.This Agreement shall be construed equally against each party without regard to any presumption or rule requiring construction against the party who drafted this Agreement or any portion thereof. 9.3 Invalidity of Provisions.Each provision contained in this Agreement is distinct and severable.A declaration of invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision. Should any provision or portion thereof be held to be invalid or unenforceable,the parties agree that the reviewing authority should endeavor to give effect to the parties'intention as reflected in such provision to the maximum extent possible. 9.4 Governing Law. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders relating to its obligations pursuant to this Agreement.This Agreement shall be construed in accordance with, and governed by, the laws of the state in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. 9.5 Assignment.This Agreement may not be assigned by either party without the prior written consent of the other. Notwithstanding the foregoing,this Agreement may be assumed by a party's successor in interest through merger,acquisition, or consolidation without additional notice or consent. 9.6 Waiver. Either party's failure to exercise, or delay in exercising, any right or remedy under any provision of this Agreement shall not constitute a waiver of such right or remedy. 9.7 Notices. Any notice required hereunder shall be in writing and shall be made by certified mail (postage prepaid)to known, authorized recipients at such address as each party may indicate from time to time. In addition, electronic mail (email)to established and authorized recipients is acceptable when acknowledged by the receiving party. Copyright© Lexipol,LLC 1995-2024 Rev.3.1.2024 3 8/1/24,3:12 PM Item Coversheet '® :Fri :N': O y F 5):7-1" BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2024 Southern Pointe Section 400 Resubmitted to correct DATE OF COURT MEETING: 8/6/2024 ITEM: Approval requested for the resubmittal of the Final Plat of Southern Pointe Subdivision Section 400;Block 79, Lots 37 through 43,0.921 Acre Being a Replat of Block 79, Common Area l 400; Sterrett D.Smith League Survey,A-210;City of College ETJ, Brazos County,Texas. The attached plat corrects information on the plat previously approved in Commissioners'Court July 30,2024. Site is located in Precinct 1. i TO: Commissioners Court FROM: Karen Tyler DATE: 07/31/2024 FISCAL IMPACT: False BUDGETED: False • DOLLAR AMOUNT: $0.00 NOTES/EXCEPTIONS: Changes are based on City of College Station review requirements. The previously approved plat has not been recorded in the Brazos County Clerk records. ATTACHMENTS: File Name Description Type ' Southern Pointe 400-Layoutl,pdf Plat Backup Material 2024-07- Application for Development Backup Material 09 FP APP Southern Pointe 400 Replat ,pdf • . APPROVED in lcs:4aq- %- wane Peters Date County Judge hi+mo•llhrn,n,nrnn,eonnnrh r•nm/Anen`h\AlehlRnvcrlChent nenv9I+ ,-,l=9Q9Q7 ill • I' I "UTEE. PARKP000 N°E4N AREA Caa0 �xEAL e 1 -LOCATED IN a, «a rn�° ;.oDEVELOPMENT ISE',wxr'0,m .S,_'SS"PEE''ESS SEE w<AsS.aEr=«< 0..0 PARR R CENIEtt V \ «E=EMrtLL WE MOD 25.COMPACT.OF FEET OF u OR nm S.5 I¢n,narA FOR fors rn r nevE=aurFA rww x P IEeaPRL°n "° RDA Nn I BEARING NO 93I TAa OBEASM ATIO LN ME R D OPN N w Na«T., RB TM IRS R=° wl°r 415. o I f D R MOD DI N�MULTIPLY a A a °°/°_"SAS.'" G.'. ARPED N RR�R,EYO, �R33/1 on°0 am N O a..°.Ba°.,w,� _ . .. OWE WI THE ..—i [J— l i ri alE`oor a'cn' ,a u r, za,z. =ouMr.A«o IxcoaPoaA,E E,�. xosE,�..,.Lor�o °u 65 uA.xw PERCENTAGE IN A< _ w N63 33'ORF-350 00 I ,/z-IRa �nxbNlx.CE aEvaainioa saurnEax PaI .sysomsroxP .. Ax Uxlsss"o 'E. ttn Al umm aISSIZ No.,.DEZO IEKNE1 zmz P.EPu,fD,m J.=ExaxEEM« _ s A PNox ..WAA+el msre«vs sNO.N ax W alc5.50E c«aUm s .DATm 0.r-ze-zox..Erarn .00asvn..s rauays n n„z m v.«r.,s xn a0 is®o;. SCALE N FEET P ` F. "IS.RUE 189 rA e0 < � (""�" odL50e ,o,iaicjµ"., TME omc,.L PUBuc RECORas Ur RRiaSNA'ac «„ -Lum,B/+'0 wa`TI HERE..EA NENTS Arm autom oNES AS SET CRT 0«PUT 00 Wm TO nos INA, a Do ov -LTw°A''`n°e r�"NBLCOw`LANto:AV.,'A,"UNOO w*« a rmASPIDIT IN RESTnonws Dors APax To Mrs P O 50THE ITEVELOESIEM AGREEMENT 00 N EKE NM,«E 0,E,*PEa HAS E (ai.,�E P""'"E -cm.m2°0 m.50n D0 500E 0UD,wa.O oz=,W.�0 E.. row m=04.or w0. wi < Re aex,,ES N,,OF MIE Tom!,DATE OF OI NDA `E0�RE.INEEFFECT.000`IS TIE -ome /m W Irscn PLO..RwT CR..x....D,r TD E«TCRO.rE.As.Ixc.DOES,sn.r TO MI. COMMON AREA I400 "- 09 .(EFFECTIVE w0). _1,,,,;/,m UPaOcn+,,,vw,.*50A„„E*0,0„*u�„E„r oafs xUr.Polr TO�s,..cr 0921 AC. I A' a e MEI -(00000 0(IRMO RICK mF HORES0.0D EDRES°RETAINED BE EU000CR0 v1E0«E GIMPA«x IN PAan, tr-Apd ^ 2 d L' AN °. To nE 5 arc oP,NN,.cE'AZT.',o,m,°. S,,,/,W,000/2Tr:„aw/60 050+0<n......uwr.w.x«wr ODE:AVP`r m 1os m.Un. `,O so,n/0 OP.ern AOa1S EASawr WES NOT CROSS,«S TRACT AND IS NOT MOM 0Waft 0000 I I v.xlruS IXE EWI EN CITYzOF COLLEGE STATINANO BRANS COUNTY -2',mS....ACE A5 ar......m...z OW.w SA.00 sE.m....T..moa ms I I as;;/zzz aPvecp ME„o SANITARY UMW MAIMMWILLES UPOON BRANS ACCEPTANCE,NTY OWN IPAND AL OPERRAT EEm PUBTIC I. •A.AND 5:,000 CR v=`ozA.21 °0 Pu F®Ea.xc USE s OEOIu,m Imxn =T. '—.— J.• „�.*Xw DESIGN� REPORT oaNN.CE.rANO THIS smzE,s ueE 001100NRA«D aNsmUVEnS.o me zD,z EnmO« rs o«s goo,,0 ACINFCO vr,n« ERR 3r 6YM1v-33soo O-0iEJE x0(\ Bi DNwN 0 EaPN GI 0 w s. N Rvnr OR,INrs<O,a a . Na..,t a S"r En RERR SLAW.' AND C x I ox ,E01ca'a,E PER THE PEOUTED DEVELOPMENT.RE.. wo,01`Sr O'STHE .°TM11 t'1Au�'Ers`x0om"TMS`�AION E�,E.B.E . -MO.nd.11 ACRE IN MIL MOIETY O.SMMI MAUL OOP, /z-wa wx01�>� cAxrcN ORSvs coPDo"nN BECINxIxc. �sa^"a a.'A02.1 LI.O srANPEO ATxR.sURSEro. , ,°O OFR a 0x FOLLOW,. s 1 .ss/ PEL110Necr): - _ . I .�AOry,`�f RIaR. Ax`r TOM OUNDS AS a`m ® E.,; af,E"RIAN",.«AS,OURN<OnAIa %PILE S°aoo" 'P�'4�,w S N IN TN o. RUE PNRPOSE OP OE,E"nON POVD u"INrEN."cE AS �.10' I :o", .;"�,'I:;.I�I oP AGREE..BETWN GRAMS COUNTY AND B.ZOS COUNTY MU...L..DISTRICT MS I. III I I I I . I I IH - M.occCOiarsLSEImcE FOR This oLwaPurNr IsLITY�.m HOMEOWNERS ASSOCIATION. ,D III ,° I ,« I IN 1 on :, - n :. rnn0.xrs.m"mloxs. cnUxs A"O s°PCO msIaN. RE.v.SE,aaRExan lx na BY ENTER.. DPRe .o.w..a...�,a,.a...wm,amAn.,,.n0w<.m,w.An.,am ORIGINAL PLAT _ VOL 18633,PG 130 OPRBCT .N°E ISSWIGPOF`DO.pE`T T OF,;r°'OEiOo ado THIS 0E"IN RS 0Da E WIN PA'NS`µo` ..........001.1 IS <m,0 `w A "mvEw;a 0.1.10..COURT.SULIES NO M.O.TO 1.1.10 ANY OF THE WITS.OR OTTI.RAMC COMMONE AAGCOw R�LvinN,n COO,N,NS'"r,mu:s'u'ucv THE NO OR.. FOR 1.000GE A..•.a�Wa-T" L".,n"N�a..e"u„"�.`,m.n,....I...r.a.NT.a.,.,. NPpu'o "000P a I a CENTER n���e I MOROUGHFARES SHOWN ON MS ti I« s BONrs .0 a 0 x. D S OaE DN E A THOSE OWING OR IN. E00 VICINITY MAP iaV ODE a�L=o w i :.,,..AL µO LOCAL LAWS ANO REGULATIONS`RE„c MANIC .r. WMENANCE BY II.COUNTY. TM ON ROO Pw%LGI 1 n as N °°°o am i I«THE ALL TRAFFIC HAVE OmuLACCURAOL OF REPRESERMA.S BY THE OTHER MAT.IN ENS PIA,FLOOD...MN IN �DO BEEN a D y s OE ME uP� «"aaE c —I I ISc —__ _ -— Sri oo —.— so — — —r —•— — — so. —I— o So a i� ia�a"e'er' 22. ANO.RD�ACCEPTED aDRAINAGE BENTS VALL°E IMPROVED.CORDING TO T.CANN.E POLICY N.DEW. cu"" .as to0< 33'02am-360.07 \ , C d ——— —' —— �.oa -, :/'"FITE VIISURVEY,`lI ® P:.E UR NEMATE ,E„Nr..100 wI«OPITS MIL BE xO N«w IMPS DREDE«E ROW I« E o is a 30 SCALE IN FEET of 01 01 al 01 al �S' $e > G I=Are I i 9 8 01 h1 �I AI wiI 0I "o�PRc» j ,i h +„ ,e of hereby 11, e OF ADMINISTRATOR ` C 15 L O Iu£ > pg Regulation,rue My ,m v.a,. the .. Bs 36 p 37 3ti : 39 40 41 42 43 L v a ,enan.raa, DADA.,`' 0.132 AC. ; 0.132 AC. „ 0.132 AC. 2 0.132 AC. 2 0.132 AC. n 0.132 AC. n 0.129 AC. a b W, • ❑ I I I ce T-I T-I �I T-I T-I I-I '\00.SANITARYCERTIFICATE of arc ENGINEER r—,�Fr ea•n.�,na;-�' �I =1 I �I �I 'i'I I nso»nzz°T"oaecnII \ n 0Mr n0 m L ar° S nm r sr��2 t INN �Tv�.a`Iµ:rt..�mm„ .,.a FINAL PLAT N Da• �.�• D o.Da Daa• 86�33.0TW-33500' I ,,50/TM'I1 ams r GD(w) OF CANTON ,n SOUTHERN POINTE SUBDIVISION n-� — «/ O n.R IN BECI".N% I 4' < p�R nxa a,n APP.. r Ba,a,.ntr SECTION 400 NPN �a�a E 0 ( B;/'30 OPR ; eN,.N-P<,m N� ,a,ae INe. P _ ,INwlaa an fer:e271' OWP,N�'C'rr dT m ule ue r ` N BLOCK 79,LOTS 37-43 A�F�4'P'Ny y q Tame r.T ROT 0.921 ACRES \ BEINGA • County. REPEAT r 001 a LENGTH LEGEND pF III I I I I I I I I 1 I I 16 I II I In I to I fo I zI I 00 I 03 I .0 I LI szs 00 0zw .......... RE PLAT BLOCK 79,COMMON AREA I400 REPEAT - OF COUNTY CLEWt _ C Bar eRAzos a ___.�eA SOUTHERN PORdfE SUBDIVISION SECTION 400 OF TAOS VOLUME 18633,PAGE 130 OPRBCT CERROCATE ff OYMERS„N A.DEO — mama new mum E.mme STERRETT D.SMITH LEAGUE SURVEY,A-210 STATE Gi.AS ..q ay..that No 0 w.maw :e°wee v�wl�er an .ew r a BRAZOS COUNTY,TEXAS eamrc a e.Aias COUNTY OF aRAzosmPW an m""marten and mm—""een Er.ala.S.Ph.,a.sae Waor-or NV SoMwm Pant,cewuRnent.Inc..a I"°n s' a _ a ,wv SCALE 1•=sO m, a<ia Plv an °m �tyn vxcee undo mr awerKa on s RP • Ls" 6511 Ulm cou. Y,20B< tv e�R.a swu urn B o...ad i��.In:W° �upoe.ana o. OWNER/DEVELOPER: SURVEYOR: ENGINEER: cv,devxm Nveln.e, ow l.en ITV r.ne,.an a"Una.. P ee,6e can.6aen me ue aamaee ana clot,under nr hand and sea an MO nay of— z0_ L01® ow 0N0 a ELOP ENT.KERN POINTE INC. �14.�!!R. :. 1140 RIVE By Southern Pamte«.daanent.ma __ TanConmNOLOXY _____.,_,_ ___ .........N"'r• COLLEGE STATON.rx n.as weeF.N.< a,r P,,,,Brea,mamr.T„ae �0 Cr xma.v,vow, on„e nu0 Brazos County Road & Bridge Office �aTE car•.: 2617 SH 21 West �5 �F r s � Bryan, TX 77803 Telephone: (979)Algth Fax: (979 775-0456 Email: plats(&Jorazoscountytx.gov Ty OPB .,• PLAT APPLICATION SUBJECT PROPERTY INFORMATION APPLICATION DATE*:7-9-2024 RESUBMITTAL: I_IYES I✓INO PROJECT/SUBDIVISION NAME:Southern Pointe Subdivision Section 400 Replat PROJECT ADDRESS OR LOCATION:CANTON DR TX LEGAL DESCRIPTION:CANTON DR TX-SOUTHERN POINTE SEC 400,BLOCK 79,LOT COMMON AREAS A-I,ACRES 3.693 IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS:N/A NUMBER OF LOTS:7 TOTAL ACREAGE 0.921 JURISDICTION:I I CITY LIMITS c� College Station ETJ ri OUTSIDE ALL CITY LIMITS AND ETJs * Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five(5)years from the Application date of the project. TYPE OF APPLICATION MASTER PLAN ■SIMPLIFIED PLAT II PRELIMINARY PLAN []FINAL PLAT []AMENDING PLAT nREPLAT • APPLICATION PURPOSE RESIDENTIAL MANUFACTURED HOME []COMMERCIAL RENTAL COMMUNITY []OTHER(Please explain): FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD•AREA? YES I NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. TxDOT RIGHT-OF-WAY WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ■YES IN NO DIGITAL FILE SUBMISSION COUNTY ENGINEER M ADOBE(.pdf file) AutoCAD(.dwg file) (Email To:plats@brazoscountytx.gov) 911 ADDRESSING n ADOBE(.pdf file) [] AutoCAD(.dwg file) (Email To:gisbrazoscountvtx.gov) • CONTACT INFORMATION APPLICANT INFORMATION FIRM NAME:Schultz Engineering,LLC CONTACT:Ricky Flores, P.E. ADDRESS:911 Southwest Parkway East CITY:College Station STATE:TX ZIP:77840 PHONE:979-764-3900 FAX:979-764-3910 EMAIL:ricky@schultzeng.com PROPERTY OWNER INFORMATION FIRM NAME:BV Southern Pointe Development,Inc. CONTACT:Wallace Phillips ADDRESS:1140 Midtown Drive CITY:College Station STATE:TX ZIP:77845 PHONE:979-255-4466 FAX: EMAIL:wsphillips3@gmail.com ENGINEER INFORMATION FIRM NAME:Schultz Engineering,LLC CONTACT:Ricky Flores, P.E. ADDRESS:911 Southwest Parkway East CITY:College Station STATE:TX ZIP:77840 PHONE:979-764-3900 FAX:979-764-3910 EMAIL:ricky@schultzeng.com SURVEYOR INFORMATION FIRM NAME:Kerr Surveying,LLC CONTACT:Nathan Paul Kerr ADDRESS:409 N Texas Ave CITY:Bryan STATE:TX ZIP:77803 PHONE:979-268-3195 FAX: EMAIL:nathan@kerrsurveying.net OTHER INFORMATION FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: PROPERTY OWNER CONSENT/ AGENT AUTHORIZATION By my signature, I hereby affirm that I am the property Owner of record,or if the Applicant is an organization or business entity,that authorization has been granted to represent the Owner,organization or business in this Application.I certify that the preceding information is complete and accurate,and it i8 nd stood that I agree to the Development/Subdivision of this property. SIGNATURE:A 416a1 RINTED NAME:Wallace Phillips DATE: 7/9/2024 • B425E4A2BBCD449... SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application.The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. CALCULATIONS OF FEES MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PRELIMINARY PLAN: $150+$5 per lot FINAL PLAT: $150+$10 per lot AMENDING PLAT: $100 REPLAT: $150 RECEIPT BY BRAZOS COUNTY (Official Use Only) DATE APPLICATION RECEIVED: / / DATE APPLICATION RECEIVED/REJECTED: SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): ✓Three (3) hard copies to Brazos County One (1) .pdf copy to Brazos County 1 One (1) .dwg copy to Brazos County One (1) hard copy to Brazos County Health District 1 One (1) hard copy to Brazos County 911 One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): igLetter from Brazos County Health District- For On-site sewage evaluation. INLetter 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: nApproval notification from appropriate City. Applicant attests that they have signed.this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. SIMPLIFIED FINAL PLAT REQUIREMENTS Every Simplified Plat shall include all of the following: In Title Block with the following information: nName, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. InProposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) ✓ Date of preparation. (Include the date of any revisions on the plat.) ✓ Engineer's scale in feet. Total area intended to be developed. ✓ Proposed number of Lots to be developed. Re-plat or Amending Plat, existing Lot and Block description or Abstract name and number. ✓ North arrow. Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. ✓ Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. ✓ All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. nA vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. InAll adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. rnAll parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. InCountyboundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. nRoad names and Right-of-Way width for all Roads. (Existing and proposed) nAll existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. nUtility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) Pipelines: label company with volume and page. All certification language as found in Appendix C. ✓ Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. nAll proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. nBuilding Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. ElMetes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) T7All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. riPrimary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. nThe plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. n The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. piThe location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). nIf there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. nBFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. nA minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is, located within five (5) feet outside the perimeter of the Building, or two-feet above the BFE, whichever is higher. nIf any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. nA separate drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). I I The certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. I If any Lot within the plat will be served by a well or an On-site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that it is in compliance with the Brazos County On-site Sewage Facility (OSSF) Regulations, Construction Standards for On-site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. riIf the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. nIf rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. ✓ If any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix G.1 regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. I It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. I D• riveway culverts for all Lots shall be designed by a Licensed Professional Engineer. riIf entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm-to-market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. I4 The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. I I T• he Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. ri A• ny Improvements proposed within the Right-of-Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance with an executed license agreement between the County and the Owner. This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. nL• ocation and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. I I A• ll existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. MASTER PLAN / PRELIMINARY PLAN REQUIREMENTS Every Master Plan/Preliminary Plan shall include all of the following: Title Block with the following information: riName, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. nProposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) nDate of preparation. (Include the date of any revisions on the plan.) Engineer's scale in feet. Total area intended to be developed. Proposed number of Lots to be developed. Abstract name and number. nThe Preliminary Plan shall carry the legend "PRELIMINARY PLAN FOR REVIEW PURPOSES ONLY". I I North arrow. Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. riAll horizontal control and vertical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. nA vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plan. nAll adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. riAll parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plan drawing. []County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. riRoad names and Road designation (whether the Road will be public or privately owned), pavement width and Right-of-Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) piAll existing and proposed plan boundary lines, phase/section lines, and Lot lines with bearings and dimensions. InUtility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) (Existing and proposed.) nPipelines: label company with volume and page. nThe Preliminary Plan (including the entire Parent Tract if only a portion of that tract is to be subdivided) shall be shown on a single sheet, regardless of its acreage. The Preliminary Plan may also be shown on multiple sheets if necessary to show all detail and required information as required by this section. nSize, in acres, of all Daughter Tracts. nCenterline tangent lengths and curve data for all proposed Roads. riEasements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished free of liens. InAll proposed Easements and existing Easements of record that have a designated route shall be shown on the plan with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. nB• uilding Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plan note. nM• etes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) n Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. nT• .he plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. n The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. nThe location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). nIf there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study. under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. nB• FE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. nA minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be 12-inches higher than the highest spot elevation that is located within five feet outside the perimeter of the Building, or two-feet above the BFE, whichever is higher. nIf any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. n A drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). n If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. nIt is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. nThe Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. n If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm-to-market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. nF• or Road widening and drainage purposes the Owner shall dedicate the Right-of-Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right-of-Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right-of-Way. nIndicate the centerline length of each Road in the proposed Subdivision and its design speed. riIf the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private alleys. nL• ocations of existing and proposed public areas. nL• ocations of other public Improvements, including but not limited to parks, schools and other public facilities. riT• he location of proposed cluster mailboxes, as required. InA• ll proposed Off-site Easements for infrastructure construction must be shown on the Preliminary Plan. nP• roposed phasing. Each phase must be able to stand alone to meet requirements of these Regulations. riL• ocation and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. nIf the proposed Preliminary Plan is to be a Private Subdivision (containing privately maintained Roads), the title of the plan shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. nT• his check list along with the required copies of the plan shall be submitted to the County Engineer for approval. nInclude a description of contributing drainage to the proposed Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. nD• rainage narrative in compliance with the BCEDG. nC• learly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer service, private sewage disposal system and On-site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades for each main between manholes and the depth at each manhole shall also be shown. nAll existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. FINAL PLAT APPLICATION REQUIREMENTS Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: nFor Road widening and drainage purposes the Owner shall dedicate the Right-of- Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right-of-Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right-of-Way. nIf public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. nThe plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. nIndicate the centerline length of each Road in the proposed Subdivision and its design speed. nIf more than four mailboxes are to be provided within the Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. IIf the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. nLocations of existing and proposed private alleys. nLocations of existing and proposed public areas. nLocations of other Public Improvements, including but not limited to parks, schools and other public facilities. ✓ All Off-site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. nProposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these Regulations. Infrastructure costs should be separate for each phase of the Subdivision. nLocation and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. nIf the proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. 111 In the case of an On-site Sewage Facility (OSSF), the Developer shall be responsible for providing a Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer, or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On-site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. 8/1/24,3:12 PM Item Coversheet { N1= :7EIj 1 F q� Ty0W g& BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-Wickson Creek SUD- 7996 Longview d ` DATE OF COURT MEETING: 8/6/2024 b, ITEM: Consider and take action on the Wickson.Creek SUD utility permit to construct a road bore at 7996 Longview Drive to provide water services. Site is located in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 07/30/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit-Wickson Creek- Utility Permit-Wickson Creek SUD-Longview Drive Backup Material 7996 Longview Drive,pdf • APPRO ..1L14291.--,-. a4- Duane Peters Date County Judge hlfn •//hrn-Pete nnvt conend.netm/annnrloW h/(:nvnrCheo}ncnv9ltnmIr1=9Q9RQ in APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY,TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wickson Creek SUD [company name], hereinafter referred to as "Company" a Texas [state]Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative,and hereby petitions the County Engineer for the right to iay, construct, maintain, repair and/or operate a water line under and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name&Block Number Crossing (CHECK ONE) Bored Jacked Driven Cased 7996 Longview Drive 60' X X Facility to Parallel County Road Within Right-Of-Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 1" Diameter .10" Wall Thickness 2" PVC Encasement Pipe Material Specification PVC pipe Maximum Operation Pressure 80 psi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within I working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60`1'day,Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right,title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of • said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e.depth,location,etc}, Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc.based upon its failure to comply with Brazos County requirements: Applicant agrees that if Brazos County demonstrates a violatiotb of the terms of this policy,Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County,for interests of public health, safely or welfare, or for failure to repair any damages upon demand, orfor any other reason deemed sufficient by Brazos County. In the event Company fails 10 comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Bugineer's Office within 24 hours of beginning construction she constitute grounds for job shutdown. By signing below, I certify that 1 am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this permit. Company Name By Sig tun Title --- • 'dress Ci State Zip ram- S$q• So3� Telephone Number Email: • WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated -Tao" 0, except as noted below: (Month/Day/Year) EXCEPTIONS: Uric__ B os County ngineer Z � ROAD RIGHT-OF-RAY +1.) CENTER LIN EOF COUNTY ROAD L.Ac:pN `0..= ‘1SHOW NO RTH ARROW ROAD RIGHT-OF-WAY Ablik5 Erig ` ` PLAN VIEW _ CENTERLINE t X m i i (9°91 1----'---11"-----'..-H---- COUNTY ��ROAD TYPICAL SECTION 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY,SHOW DEPTH a LOCATION OF CONSTRUCTION IN TYPE SECTION a PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. 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' � o -�,,.t•t"* Sri t C,. 1 r2�'r. uy T,y +` ,Fr �Z# '„r" • -„"g x. -"4r _r +- '�, 5-• '• ,'' C --•, -viu,._ x .art -4 - drt.+,_.tte " `.4 {, L '-. _.a_ +l.. e ` '' +'46 At # -r_ y 'A,'."'4 „r.'!r., xr .'.F?�j 4- x +�iAtK t-f'.'„ .yf. y,, "'2.4:,;,_.e...--3 . -V,4 =.. -11TC- I_ 'r,, • s;. 4' .fit t � . r } t, �? `A_ yrc., .,. •, i. +� c e $ .r r .k i y�_., •.-4..< 1 i 4.'^R•• ,/.t L,l,.. ' - {,4ij 1. 'y }, af- + 'a A.-- -y `� 'N' -r ''•4 ltrt , + _0, S LR'» .k ,4 F -' ,, _r �A is :"ar_,1�....i V. ' • $ *p *` ? • x';-4 e* .sir 'mot i. '* {�' • is x`_ 714-1" +i DRAWING FOR 7996 LONGVIEW DRIVE ,, ` -� "` 4. . � - f _ , L � '..r C,. ''S,, t 7 ,'`- '' • ! ' ati r`. .«yr r" "' .:4'', t 0Y, ill. � CUSTOMER:PAULIHACORONA k- ' ,�•,� ' y , � --- ',` ' DRAWING FOR 60'ROAD BORE s ar ;3 r _ �' ;. t+a sf s .r" r • USING 2"ENCASEMENT PIPE �-� r 7u 7•I''10, F�; #,,.' S ,� '. WATERLINE ENCLOSED _ „L y R"' '' a ',` rt " 4 { WITH 1"W ,- + F� . ,-,a *, -' - µ`,'- i DRAWING BY: KATHY STOVER 7/26/24 - " *.1a• �;-.+ 1. -ri ,', ' , ,F¢•1-}. , -T * : 4` _ ,. '.Y:r _ d. y-_ r�itk .-...a.u4 -. _ _ • 7/18/2024,3:48:25 PM 1:1,128 0 0.01 0.01 0.03 m) 1- + 5 , 't Parcels 1 1 Abstracts o 0.0i 0 03 0.05 km ®ppenStreetMap(and)catlrbutors,CC-BYSA.Earl HERE,IPC World Transportation - Lot Lines Brains Cedrat AppraIuI Dlst+ict.MS Consuanog•www.Wscoewltlng•com Disclaimer.Thls product Is for Intormatlonai purposes ordy and has not been prepared for or be sullabte for legal,argineedrog.or srnvaying Pupo'•.es•It doss not represent an on-the•graund survey and represents only the apptoxurtate relative location of boundaries. BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices(BMP") (EPA and TCEQ both provide lists of examples of 13MPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition,as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. in the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. if it is determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements L. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen,signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid,constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road.Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole),left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. l f construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; • 2. .Plan must he attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities code, Section 181.045. 2. Ail pole installation (including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six(36)inches below ditch flow line when installation is within the area measured from top of bank to top of bank; • c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power—0-2 feet, nominally 1' Phone—2-4 feet, nominally 3' Gas-4-6 feet,nominally 5' Cable—6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit Or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one(1)inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; C. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking,tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than S hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material: c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 1 1.Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope,shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted,except in an instance whereby the laying, construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. • 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road (asphalt, cement,road base,etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of"No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E._Emergency work I. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repair, Company shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the County Engineer and Road& Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way,and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits,and/or pole lines which require disturbance of the soil,shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road,any or all poles, wires,pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines(generally 60 PSI or greater), whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness - -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Sjecial Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way.Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. +_q o tow k r 1 a ar tya s Pa rkerla •• .1180,3 t/waesa i yS . \fL1 y 4�L? I aa tray Ifni PIM.1. —tom � mom �3; I ( ssba® ',• �s, //�� DO r lam hart Ram Wow otante4 t panal it - E!d �l 1!' 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Sri, ^ I V �° Maar muterfaktl see wan se aaYa V1� 4( ' lam tfT I :see Nava t1A twm4.etareaaa�a i I aim Ammar TRAFFIC °1`e• I CONTROL PLAN Pea vita.S1 CONVENTIONAL ROAD SHOULDER WORK TCP (2-14) TCP (3-1b) TCP t2-1c) TCP(2-I1-12 WOR K SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER Iran1 ae Mt =r.r .mei . {d...: 4: n Conventio ) Roods Conventional Roods Convantioatai Roods 6� t °" a-0 pal I tefi MAY 2024 TREASURER'S REPORT FUND NUMBER&NAME CASH BALANCE INCOMING INVESTED SUB-TOTAL DISBURSED CASH BALANCE INVESTED CK.ACCT.BAL. 4/30/2024 INTEREST 5/31/2024 5/31/2024 0100-GENERAL FUND 201,461,389.85 6,805,794.71 753,476.42 209,020,660.98 13,280,200.36 195,740,460.62 165,797,925.29 29,942,535.33 1100-HOTEL OCCUPANCY TAX 5,259,612.15 406,566.29 _ 5,666,178.44 226,182.22 5,439,996.22 - 5,439,996.22 1200-STATE LATERAL ROAD 256,497.50 1,380.84 257,878.34 0.00 257,878.34 257,878.34 1300-UNCLAIMED FUNDS 407,129.11 7,765.07 414,894.18 0.00 414,894.18 414,894.18_ 1500-LAW LIBRARY 151,485.59 9,850.51 161,336.10 4,452.38 156,883.72 156,883.72 1800-LEOSE FUND 91,711.12 14,137.28 105,848.40 0.00 105,848.40 105,848.40 1900-COUNTY RECORDS MANAGEMENT 680,559.77 3,683.74 684,243.51 0.00 684,243.51 684,243.51 2000-COUNTY CLERK MGMT.FUND • 1,326,142.28 37,674.19 1,363,816.47 80,529.00 1283,287.47 1,283,287.47 2001-COUNTY CLERK ARCHIVAL FUND 1,335,882.04 36,391.62 1,372,273.66 0.00 1,372,273.66 1,372,273.66 2200-COURTHOUSE SECURITY FUND 124,642.73 10,403.39 135,046.12 5,979.37 129,066.75 129,066.75 2201-JUSTICE COURT SECURITY FUND 235,665.61 4,443.17 240,108.78 . 0.00 240,108.78 240,108.78 2300-DISTRICT CLERK MANAGEMENT FUND 267,300.77 12,443.82 279,744.59 7,254.86 272,489.73 272,489.73 2301-DISTRICT CLERK ARCHIVAL FUND 1,407.52 27.58 1,435.10 0.00 1,435.10 1,435.10 2400-JUSTICE @ PEACE-TECHNOLOGY FUND 214,085.95 3,852.74 217,938.69 43.22 217,895.47 217,895.47 2401-CO.&DIST.COURT TECHNOLOGY FUND 127,280.16 1,370.68 128,650.84 0.00 128,650.84 128,650.84 2500-SPECIAL FORFEITURE FUND 36,624.33 197.16 36,821.49 0.00 _ 36,821.49 36,821.49 2600-D/A HOT CHECK COLLECT FEES 5,176.69 27.87 5,204.56 0.00 5,204.56 5,204.56 2700-BAIL BOND BOARD FEES 111,724.31. 1,101.46 112,825.77 0.00 112,825.77 112,825.77 2800-VOTER REGISTRATION 0.00 0.00 0.00 0.00 0.00 0.00 2900-VIT INTEREST FUND 366,069.15 3,266.12 369,335.27 0.00_ 369,335.27 369,335.27 3000-COUNTY GRANTS (434,333.74) 466,493.64 32,159.90 492,603.92 (460,444.02) (460,444.02) 3100-AMERICAN RESCUE PLAN ACT 22,366,728.47 0.00 96,013.74 22,462,742.21 95,471.82 22,367,270.39 21,518,437.08 848,833.31 3200-SB 22 2023 RURAL 1,008,143.45 0.00 1,008,143.45 123,606.84 884,536.61 884,536.61 3400-D/A CRIME FUND 225,713.53 1,215.11 226,928.64 4,091.04 222,837.60 222,837.60 3500-PRIMARY ELECTION SERVICES 69,871.58 433.64 70,305.22 646.48 69,658.74 69,658.74 3901-BC HOUSING FINANCE CORP .504,903.25 2,718.11 507,621.36 0.00 507,621.36 507,621.36 4320-CO 2020 7,105,464.01 1,574.39 31,238.57 7,138,276.97 336,727.78 6,801,549.19 5,844,250.51 957,298.68 4323-ON SYSTEM ROAD BOND-1XDOT 19,712,574.22 988.09 89,820.28 19,803,382.59 324,549.70 19,478,832.89 18,618,852.03 859,980.86 43231-OFF SYSTEM ROAD BOND 8,864,259.12 7,093.28 34,766.81 8,906,119.21 511,710.77 _ 8,394,408.44 7,581,410.98 812,997.46 43232-2023 CERTIFICATES OF OBLIGATIONS 10,313,202.84 6,309.13 42,113.01 10,361,624.98 0.00 10,361,624.98 9,183,361.92, 1,178,263.06 4500-GEN.PERMANENT IMPV. 21,126,952.16 0.00 21,126,952.16 657,163.58 20,469,788.58 20,469,788.58 5000-HEALTH&LIFE INSURANCE 12,071,573.66 1,778,399.88 13,849,973.54 1,494,114.52 12,355,859.02 12,355,859.02 5800-COUNTY ATTORNEY OPERATING FUND 69,119.35 60.00 69,179.35 0.00 69,179.35 69,179.35 6000-PAYROLL 1,710,278.77 9,277,751.34 10,988,030.11 8,586,644.26 2,401,385.85 2,401,385.85 9100-HEALTH DEPARTMENT 3,402,093.32 255,566.48 3,657,659.80 460,126.88 3,197,532.92 3,197,532.92 9300-REGIONAL MOBILITY AUTHORITY 7,628.63 41.07 7,669.70 0.00 , 7,669.70 7,669.70 9700-COMMUNITY SUPERVISION 1,403,583.47 218,220.13 1,621,803.60 499,422.97 1,122,380.63 1,122,380.63 I. €..'.< ,. 1 g7 <, :1 7Z-42:53' - • ,X047,428.83. 7 TTI:OF,�I�CCi,S,IN POOl.,.��,,. ,vr.�+»z.�' , ..,,�,,, ;;.,a'n32 ,988,142, �_ ...,.. 9,3 ,2 a. .... _`:.: ..,, ,.;;342,412�614 0$; z;�= 27491,52197,t;: .315;224Z92.1.1: 0'42044,237:81 _ ;.86;677,054S30.:s 1600-LOCAL PROVIDER PARTICIPATION 33,216,905.58 464,337.08 33,681,242.66 372,586.66 33,308,656.00 33,308,656.00 4100-GEN.OBLIG.DEBT SVC. 13,824,229.09 156,077.58 17,880.07 13,998,186.74 0.00 13,998,186.74 3,899,015.09 10,099,171.65 TOTAL 369,029,277.39 19,997,657.19 1,065,308.90 390,092,243.48 27,564,108.63 362,528,134.85 232,443,252.90 130,084,881.95 This report is submitted as true and correct to Commissioners Court by Cristian T.Villarreal,Brazos County Treasurer,on August 6,2024. The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Cristian Villarreal, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this , day of A.D.Q't,),_),_cfc4 2024 Karen MQ cQueen Cou ty Cle,r1c, cou,s.ty of I AZOS, State of Texas 4 Ctn'ef i ' d. Examined and approved in open Commissioners' Court t is day of 2024. Duane Peters, County Judge Steve Aldrich, Commissioner Precinct#1 Thuc K.-Commissioner Precinc • ‘4:.-g-gv1/4.e.t.a, $3 A-0-u-ut Nancy Be Commissioner Precinct#3 01#.444 • Wanda J.Wats n, ommissioner Precinct#4 Treasurer's Report for the MONTH MAY 2024 Kristeen Roe,CTA,PCC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 . 979-775-9938 Fax REFUNDS PENDING 07/30/2024 REQUESTOR AULTMAN HOFFMAN SHANNON ADDRESS 903 JANE LN BRYAN TX 77802-2427 OWNER NAME WOODS KATHLEEN PROP ID# 450962 REFUND AMOUNT $42.13 REQUESTOR RILEY CAROLYN GOAR ADDRESS PO BOX 6616 BRYAN TX 77805-6616 OWNER NAME RILEY CAROLYN GOAR PROP ID# 436383 REFUND AMOUNT $ 5.01 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 REQUESTOR ADDRESS • OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT ' - -- - - - APPLICATIONTORTAXREFU D Collecting Office Nome Collecting Tox for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISO,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS WOODS KATHLEEN 903 JANE LN BRYAN TX 77802-2427 PROPERTY DESCRIPTION Legal: CULPEPPER MANOR PH 3,BLOCK 4, LOT 12,Undivided Interest 50.0000000000% Address: 903 JANE IN , Account# 450962 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND -L 2023_ —`^ 01/18/2024 $3512.55- $42.13 - - Taxpayer's reason for refund: OP-Overpayment REFUND TO: AULTMAN HOFFMAN SHANNON • 903 JANE LN BRYAN TX 77802-2427 . Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct." N,V\ACAAN--) t 01-1 444 l g a.h as Phone# Email dress (S ( •If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETER i'INATION The •x Won. [ Appr,,ved [ ] isapproved / lea, Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date - TAX RECEIPT 01/18/2024 09:58AM • KRISTEEN ROE, CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4 '`;.•Itd6eipt'Number;t. i 4151 COUNTY PARK CT BRYAN,TX 77802 3326997 • DateiPciate'd p 01/18/2024 Pa nientrType_.. ',. P' Pay,"merit C.or�Q$<, Over/Refund TotaLPalii4;_ '_•L_ -_ 53,512.55 PAID BY: AULTMAN HOFFMAN SHANNON 903 JANE LN BRYAN,TX 77802-2427 I Property ID:, ..Geo `• • r .Legal:Adres . ,, I_.; . :.3'Owiier•;Name`;and Address.' H`, ,`j • 450962 •213000-0304-01201 10.0000 ' WOODS KATHLEEN L . ' • , _ . • Legal,Descrlption . - •.. 1 903 JANE IN CULPEPPER MANOR PH 3,BLOCK 4.LOT 12,Undivided Interest 50.0000000000%F-J I BRYAN,TX 77802-2427 I Situdsk%,; '% ....»4111."r;,. s'. DBACName• -: • A,,.,4,:,'. •:':":-1 903 JANE LN , I Entity ' • 4 ' Year_IRate• Taxable Value 'Strut# ' Void •• 'OriginalTai...D1se ts,' y'P&l.-,Att'F.ees'::O ierage••Aniount Pd BRAZOS COUNTY 2022- 0.42941 85,742 148542 N 291.41 0.00 0.00 0.00 0.00 291.41 CITY OF BRYAN 2022 0.62400 115,742 148542 N 571.63 0.00 0.00 0.00 0.00 571.63 BRYAN ISD 2022 1.13960 98,242 148542 N 886.11 0.00 0.00 0.00 0.00 886.11 BRAZOS COUNTY 2023 9.40970 85,742 148549 N 351.29 0.00 0.00 0.00 0.00 351.29 BRYAN ISD 2023 0.94920 68,242 148549 N 647.75 0.00 0.00 0.00 0.00 647.75 Z REFUND ENTITY 2023 0.00000 0 148800 N 42.13 0.00 0.00 0.00. 0.00 42.13 CITY OF BRYAN 2023 0.62400 115,742 148549 N 722.23 0.00 0.00 0.00 0.00 722.23 3,512.55 Balance Due As Of 01/18/2024: -42.13 lender•,.,:,,,x- _Details -• • b. ., =;;5 -»• -4 , •,D_escript+on`; ±E,E; :^ s; : ; Amount] Check 31921 - 3512.55 3512.55 Operatoi4 Batch ,.�F-.. . -. ' :Y:... . . •i.• - .- J?`d'• ` ' • .,I r.=?:::`,: ^ .' _• Total.Pala Iemerson 49464(01/18/2024 LE) 3,512.55 Page:1 Receipt issued In Accordance with Section 31.076 of the Texas Property Tax Code Team nk APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax for:(taxing entities) • Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F1,F2,F3,F4, • Bryan,Texas 77802 Ph.979 775,9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS RILEY CAROLYN GOAR PO;BOX 6616 BRYAN TX 77805-6616 PROPERTY DESCRIPTION Legal: 'WILSON ODOM (ALLOCATION)30027623-000 WILDFIRE ENERG/MADISONVILLE,W.(WOOD AB 103/DAVIS,J K SUR.0025767100 R Address: _ Account# 436383 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested 2REFUND 2023 12/05/2023 $173.22 $5.01 Taxpayer's reason for refund: OP-Overpayment REFUND TO: RILEY CAROLYN GOAR PO BOX 6616 BRYAN TX 77805-6616 Sign below and return form to the Brazos County Tax Office. "1 hereby apply for the refund of the above-described taxes and certify that the Information on this form is true and correct." Qtr 414) 7/ 2o24f Signaturq Date 4 z1Kt117t 1 a. r�U,� c�� . 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 DETER I Th- tax refun Approv d [ roved /e-Pa Authorized • 'Icel.Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 12/05/2023 11:52AM Y •7 KRISTEEN ROE, CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 11�" • 4151 COUNTY PARK CT' ;.Receipt wumtier ' 3284516 BRYAN,TX 77802 bate Pt-figed;& 12/0512023 RaymeiitDO!) Payment:Co'derr:n° ; Over/Refund Total Patti y> s'• $173.22 PAID BY: RILEY CAROLYN GOAR PO BOX 66.16 BRYAN,TX 77805-6616 f Pro arty ID, 5.,3.T 1 4:'�.7: .�, �: . - `.: .. p' __ .o� .. =�.�-.;'•„ -'--c". •L'"egal'Acres +�r'°• �...� ,,�^�•••• ••'Qwrier Name and.'Address w 436383 30-027623-000-R-030027623000R001001 0.0000 - RILEY CAROLYN GOAR PO BOX 6616 -�:-, ' ;: .';`_ ;_ L.ega{Deseripfiori �.,'y_';,s` '+'' :: BRYAN,TX 77805-6616 WILSON ODOM(ALLOCATION)300276233.000 WILDFIRE ENERG/MADISONVILLE,W.(WOODAB 103 /DAVIS,J K SUR.002576710D R Situs _ JDHA':Name: ,f -- � ,, • Entity` : Tax__b1e:Value�-c.Stmk# _LVo(dr=:` .Original:Tazy Disdnts _:P-.&I .,Att Fees ,Overage`Amoun t.Pd. ZREFUND ENTITY 2023 -0.00000 0 148440 N 5.01 0,00 • 0.00 0.00 0.00 • 5.01 EMG SVCS DIST#3 2023 0.02400 12,164 110146 N 2.92 0.00 0.00 0.00 0.00 2.92 BRYAN ISD 2023 0.94920 12,164 110146 N 115.46 0.00 0.00 0.00 0.00 115.46 BRAZOS COUNTY 2023 0.40970 12,164 110146 N 49.83 0.00 0.00 0.00 0.00 49.83 173.22 Balance Due As 0f 12/05/2023: •5.01 Tender ___ __Details'_' -' _ :Description', • 'Amount Credit Card CC XX-9151 ConV.Charge 0.00 , 173:22 173,22 • • f 0"erator; .Batch" tip;••':: ; T'?„7,r . ;s_: �,;: r,.;�,, ;�?: `,':C;�:�;•f „t,=;;•f�` '"` : ` ••�:. .. �� - ...........•_3"vdasx_'.-<7..t.tr.�v .t _ .t.>,.,,.:_...�.. lemerson -4875fi(JETPAYC_12052023 LE) 173.22 Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code Aut.ndien.ur BRAZOS COUNTY,TEXAS BUDGET AMENDMENT(S)FOR THE 2023-2024 BUDGET YEAR NO.23/24 42.01—42.03 On this the 6th day of August 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 6th day of August 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 6th day of August 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.23/24-42.01 8/6/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Information Technology-Non General Fund Capital Supplies and Other Charges Expenditure 280,933.66 County Judge- General Fund Administration Supplies and Other Charges Expenditure 2,364.80 General Fund Veteran Services Supplies and Other Charges Expenditure 927.79 Budget Office- General Fund Administration Supplies and Other Charges Expenditure 998.92 Fleet Shop-Light Equipment- General Fund Administration Supplies and Other Charges Expenditure 3,819.28 General Fund Collections-Administration Supplies and Other Charges Expenditure 1,855.58 General Fund Elections Administrator Supplies and Other Charges Expenditure 927.79 County Treasurer- General Fund Administration Supplies and Other Charges Expenditure 4,638.95 Tax Assessor-Collector- General Fund Administration Supplies and Other Charges Expenditure 16,913.61 Information Technology- General Fund Administration Supplies and Other Charges Expenditure 26,898.25 Human Resources- General Fund Administration Supplies and Other Charges Expenditure 8,089.46 County Auditor- General Fund Administration Supplies and Other Charges Expenditure 7,422.32 Facilities Services- General Fund Administration Supplies and Other Charges Expenditure 2,783.37 County Attomey- General Fund Administration Supplies and Other Charges Expenditure 11,545.52 District Attorney- General Fund Administration Supplies and Other Charges Expenditure 10,110.18 District Clerk- General Fund Administration Supplies and Other Charges Expenditure 7,422.32 General Fund District Clerk-Jury Services Supplies and Other Charges Expenditure 2,461.98 General Fund County Clerk-Administration Supplies and Other Charges Expenditure 2,783.37 85th District Court- General Fund Administration Supplies and Other Charges Expenditure 4,085.49 272nd District Court- General Fund Administration Supplies and Other Charges Expenditure 4,710.08 361 st District Court- General Fund Administration Supplies and Other Charges Expenditure 927.79 General Fund Juvenile Court Referee Supplies and Other Charges Expenditure 1,855.58 Misdemeanor Associate Court General Fund -Administration Supplies and Other Charges Expenditure 11,348.11 County Court of Law#1 - General Fund - Administration Supplies and Other Charges Expenditure 2,854.50 County Court of Law#2- General Fund Administration Supplies and Other Charges Expenditure 3,711.16 Community Supervision- General Fund Support Supplies and Other Charges Expenditure 10,904.87 Sheriff Office- General Fund Administration Supplies and Other Charges Expenditure 55,553.74 Sheriff Office-Jail General Fund Administration Supplies and Other Charges Expenditure 16,592.22 Constable Precinct 2- General Fund Administration Supplies and Other Charges Expenditure 6,776.37 Constable Precinct 3- General Fund Administration ' Supplies and Other Charges Expenditure 5,990.84 Constable Precinct 4- General Fund Administration Supplies and Other Charges Expenditure 22,537.66 Juvenile Services- General Fund Administration Probation Supplies and Other Charges Expenditure 1,597.00 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23/24-42.01 8/6/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Juvenile Services- General Fund -Administration Court Supplies and Other Charges Expenditure 5,038.76 General Fund Juvenile Services-Detention Supplies and Other Charges Expenditure 2,380.91 General Fund Academy-Community Based Supplies and Other Charges Expenditure 2,461.98 Emergency Management- General Fund Administration Supplies and Other Charges Expenditure 2,461.98 Exposition Center- . General Fund Administration Supplies and Other Charges Expenditure 3,166.77 Brazos Centel'- General Fund Administration Supplies and Other Charges Expenditure 1,230.99 Road&Bridge- General Fund Administration Supplies and Other Charges Expenditure 2,783.37 General Fund Reallocation of funds to the correct accounts to cover the FY 2024 computers that needed to be replaced due to age. 1 i. ,. SAM _D.h......5, . pi,2,:,. • !Date .—-__-- - _-:_-- _--- -_. _ j7/31/2024; -- _..__ ounty Judge Approval . _ .- !F:44 acle,Ent isle .:,1 ,4'W.. , , Mire . 'ft = :::,Ateiggq.` "_ K-- . FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 14000006 60500000 (280,933.66) 01000 10000100 60500000 2,364.80 01000 10002000 60500000 927.79 01000 10500000 60500000 998.92 01000 11100000 60500000 3,819.28 01000 11200200 60500000 1,855.58 01000 11210020 60500000 927.79 01000 12000100 60500000 4,638.95. 01000 13000100 60500000 16,913.61 01000 I4000100 60500000 26,898.25 01000 15000100 60500000 8,089.46 01000 16000100 60500000 7,422.32 01000 17000100 60500000 2,783.37 01000 18000100 60500000 11,545.52 01000 19000100 60500000 10,110.18 01000 20000100 60500000 7,422.32 01000 20010000 60500000 2,461.98 01000 21000100 60500000 2,783.37 01000 22000100 60500000 4,085.49 01000 22100100 60500000 4,710.08 01000 22200100 60500000 927.79 01000 22500100 60500000 1,855.58 01000 22600100 60500000 11,348.11 01000 23000100 60500000 2,854.50 01000 23100100 60500000 3,711.16 01000 26001000 60500000 10,904.87 01000 28000100 60500000 55,553.74 01000 28002000 60500000 16,592.22 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23/24-42.02 8/6/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Voter Registration Contingency Expenditure 3,000.00 General Fund Voter Registration Contractual Services Expenditure 3,000.00 • General Fund Reallocation of funds to correct account to cover license&support for the 20 additional pollpad . . 77.71 - SAM , • - iDate''fr;- • -f; 7/31/2024 ' -Coupty.Jugge Approval „. •:480:20.ei 7nEtala-ti. FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 13005000 61130000 (3,000.00) 01000 13005000 71020000 3,000.00 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23/24-42.03 8/6/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Elections Administrator Benefits Expenditure 10,222.00 General Fund Elections Administrator Salary and Wages Expenditure 10,222.00 General Fund Reallocation of funds to correct account to cover overtime worked during the November 2023 election cycle. a ' N ,emu' ^^n Date:., . _ . 131/2024j .County_JudgeApproval Date 1 Wil acle Eutry igill *IF:-. ..3,a.3- ,.,,;, C., .. .,,i45 :.i. flA.. o ,x . ;. `p G3 k , Mir,4 4", FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 11210020 53300000 (10,222.00) 01000 11210020 51620000 10,222.00 Personnel Change of Status (Aug 1,2024) Commissioners' Court Date:. - 08-06-2024 Department Submitting Information: Human Resources • Purpose of Submissions: Consider and Take Action on Change . Employment Department Name Employee Name Sheriff Office-Jail Administration Damon, Makayla Landscaping Everett,Ryan County Judge Grimm,Chloe Tax Assessor-Collector-Administration Moore,Michele District:Clerk Records Management Fund • Silva-Gonzalez,Itzury* District Attorney-Crime Fund-Administration : Simpson,Callie Separations Department Name Employee Name District Attorney Crime Fund-Administration Carrillo, Perla** Fair Administration. " • " Warford,Tammi Personnel Action Forms Department Name Employee Name • • Juvenile Services-Detention Medina,Jose • • Approved in Commissioners' Court: . County Judge's or Commissioner's Signature: