Loading...
HomeMy WebLinkAbout2024/10/29 Regular Session 10:00 AM C 20211 OCT 25 P 2• 22. B S COUNTY YAN, T XAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 29, 2024 AT 10:00 AM IN THE COMMISSIONERS SIONERS COURTROOM OF THE B OS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TX 77803. THE PUBLIC MAY WATCH THE MEETING LIVE ON THE BRAZOS COUNTY COMMISSIONERS COURT YOUTUBE CHANNEL AT: HTTPS:/ a .YOUTUBE.COM/@BRAZOSCOUNTY3227. 1. Invocation and Pledge of Allegiance ® U.S. and Texas Flag - Commissioner Watson 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -22 3. Resolution 24-021 to apply for FY25 Formula Grant from the Texas Indigent Defense Commission to provide improvements to indigent defense services in Brazos County. 4. Resolution 24-022 authorizing the department heads and elected officials of Brazos County to approve the payment of Texas State Bar dues on behalf of any fulltime employee working for Brazos County in a position with a job description that requires State Bar licensure. 5. Approval of the following Public Official Bonds of Tax Assessor and Collector for Angela Hines: O a. Governor Texas ® b. Brazos County 6. Request from Information Technology for the following personnel changes with effective date as of November 9, 2024. This change has no affect to the Information Technology's FY2025 Budget. O a. Decrease B1230-1 Network Engineer- IT, Group 26 Step 12 to Group 26 Step 10, Full-Time Salary ® b. Increase B1230-2 Network Engineer- IT, Group 26 Step 4 to Group 26 Step 6, Full-Time Salary 7.. Approval to issue Diners Club credit card to IT employee, Stefanie Johnson,with a limit of$5,000.00 to meet the needs of the department's regular expenses. 8. Approval requested from the Purchasing Department to declare a list of surplus property as salvage in accordance with Local Government Code 263.152 and authorize destruction or other means of disposal. 9. Approval of one-time exception to the De minimis Employee Expenditures Policy by the Sheriff's Office to exceed the $50.00 limit per employee for the purchase of service and performance awards in the form of plaques. Plaques are being purchased for the Sheriff's Office annual event and will not exceed $100.00 per person. 10. Approval requested from Brazos County Sheriff's Office -Jail Medical Division for payment of$3,460.00 to Dentrust Dental with FY 2025 funds.A Purchase Order was not obtained in advance. 11. Approval requested from Road & Bridge for Renewal of the Field Agreement with Texas Wildlife Service Program (TWSP)for rodent and pest removal from various dam structures in Brazos County from October 1, 2024 -September 30, 2025. 12. Approval of Change Order#1 to CI P#24-619 Tax Office &AgriLife Site Drainage Improvements with Norman Construction, in the amount of$152,567.20, for additional labor and materials. 13. Approval of the Final Plat of Highway 6 BESS Subdivision, Lot 1, Block A; 0.976 Acre; BBB & CRR Survey,Abstract No. 84; Being a Replat of Lake Millican Estate, Lot 17; Brazos County, Texas. Site is located in Precinct 1. 14. Approval of the Final Plat of Southern Pointe Subdivision Section 105; 14.061 Acres; Sterrett D. Smith League Survey,A-210; City of College Station ETJ, Brazos County, Texas, Site is located in Precinct 1. 15. Approval of the Final Plat of Southern Pointe Subdivision Section 109, Block 25, Lot 41, Common Area A 109; 3.121 Acres; 1.443 Acres Right of Way; Sterrett D. Smith League Survey,A-210; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. 16. Approval of the Treasurer's Report for August 2024. 17. Tax Refund Applications for the following: Overpayments O a. Frances or Allan Jackson-$6.79 • b. KJ MC/Southern Comfort Homes -$1,056.57 18. Budget Amendments. o FY 24/25 Budget Amendments 5.01 -5.06 19. Personnel Change of Status. O Approval of Personnel Change of Status 20. Payment of Claims. Approval of Payment of Claims ® a. 8205939 -8206086 o b. 9202659 -9202701 21. Convene into Executive Session pursuant to the following: ® a. Texas Government Code§551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel. ® b. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. 22. Consider and possible action on Executive Session. 23. Acknowledgement of the County Auditor's Monthly Report for August 2024. 24. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of October 23, 2024. Acknowledgement of the 2024-2025 Contingency Budget to Actuals by Fund as of October 23, 2024. 25. Acknowledgement of monthly reports submitted in October 2024. 26. Juvenile director's report on detention population. 27. Sheriff's report on inmate population. 28. Announcement of interest items and possible future agenda topics. 29. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters,both on and off the agenda,and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court,with both judicial and legislative powers,created under Article V, Section 1 and Section 18 of the Texas Constitution.As a Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code.Accordingly,members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court;in participating in public discussions before the Court;and in all actions in the presence of the Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group.Neither is it the intention of the Court to allow a member(or members)of the public to insult the honesty and/or integrity of the Court,as a body,or any member or members of the Court,or County employees,individually or collectively.Accordingly, profane,insulting or threatening language directed toward the Court and/or any person in the 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,TX77803. 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. ATE .Op 1 0� The foregoing minutes of the Commissioners Court Meeting held October 29, 2024,have been examined and are approved in open Court this 5th day of November 2024, in Bryan,Brazos County, Texas. v__/V Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 Chuck Konderla Nancy Berry Commissioner, Precinct 2 Commissioner,Precinct 3 fa. .... •\VAA Wanda J. Commissio - , 'recinct 4 Attest: Karen McQueen Iy Cz County Clerk ehre. ov N•• * MINUTES OCTOBER 29, 2024 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, October 29, 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 Watson 2. Call for Citizen input and/or concerns There was no Citizen input. Consider and take action on agenda items: 3 -22 3. Resolution 24-021 to apply for FY25 Formula Grant from the Texas Indigent Defense Commission to provide improvements to indigent defense services in Brazos County. The Court voted unanimously to adopt Resolution 24-021 to apply for the FY25 Formula Grant.A copy is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 4. Resolution 24-022 authorizing the department heads and elected officials of Brazos County to approve the payment of Texas State Bar dues on behalf of any fulltime employee working for Brazos County in a position with a job description that requires State Bar licensure. The Court voted unanimously to adopt Resolution 24-022 and a copy is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 5. Approval of the following Public Official Bonds of Tax Assessor and Collector for Angela Hines: • a. Governor Texas • b. Brazos County A copy of the bonds is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 6. Request from Information Technology for the following personnel changes with effective date as of November 9, 2024. This change has no affect to the Information Technology's FY2025 Budget. • a. Decrease B1230-1 Network Engineer- IT, Group 26 Step 12 to Group 26 Step 10, Full-Time Salary • b. Increase B1230-2 Network Engineer- IT, Group 26 Step 4 to Group 26 Step 6, Full-Time Salary A copy of the position control changes is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 7. Approval to issue Diners Club credit card to IT employee, Stefanie Johnson,with a limit of$5,000.00 to meet the needs of the department's regular expenses. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 8. Approval requested from the Purchasing Department to declare a list of surplus property as salvage in accordance with Local Government Code 263.152 and authorize destruction or other means of disposal. A copy of the surplus property is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 9. Approval of one-time exception to the De minimis Employee Expenditures Policy by the Sheriffs Office to exceed the $50.00 limit per employee for the purchase of service and performance awards in the form of plaques. Plaques are being purchased for the Sheriff's Office annual event and will not exceed $100.00 per person. Commissioner Aldrich questioned whether it is time to revisit the De Minimis Policy and consider raising the limit. Judge Peters agreed that with costs rising it probably is a good idea. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 10. Approval requested from Brazos County Sheriffs Office-Jail Medical Division for payment of$3,460.00 to Dentrust Dental with FY 2025 funds.A Purchase Order was not obtained in advance. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 11. Approval requested from Road & Bridge for Renewal of the Field Agreement with Texas Wildlife Service Program (TWSP)for rodent and pest removal from various dam structures in Brazos County from October 1, 2024 -September 30, 2025. A copy of the renewal of agreement 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 Change Order#1 to CI P#24-619 Tax Office &AgriLife Site Drainage Improvements with Norman Construction, in the amount of$152,567.20, for additional labor and materials. A copy of the change order 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 of the Final Plat of Highway 6 BESS Subdivision, Lot 1, Block A; 0.976 Acre; BBB & CRR Survey,Abstract No. 84; Being a Replat of Lake Millican Estate, Lot 17; Brazos County, Texas. 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. Approval of the Final Plat of Southern Pointe Subdivision Section 105; 14.061 Acres; Sterrett D. Smith League Survey,A-210; City of College Station ETJ, Brazos County, Texas, 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. 15. Approval of the Final Plat of Southern Pointe Subdivision Section 109, Block 25, Lot 41, Common Area A 109; 3.121 Acres; 1.443 Acres Right of Way; Sterrett D. Smith League Survey,A-210; City of College Station ETJ, Brazos County, Texas. 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. 16. Approval of the Treasurer's Report for August 2024. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for August 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. 17. Tax Refund Applications for the following: Overpayments • a. Frances or Allan Jackson-$6.79 • b. KJ MC/Southem Comfort Homes -$1,056.57 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 18. Budget Amendments. • FY24/25 Budget Amendments 5.01 -5.06 5.01 -Transfer of funds from Information Technology to District Clerk. 5.02 -Transfer of funds from Contingency to Veteran Services. 5.03 -Transfer of funds from Contingency to Elections Administration. 5.04 -Transfer of funds from Capital to various County departments. 5.05 -Transfer of funds from Contingency.to various County departments. 5.06 -Transfer of funds from Capital to various County departments. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 19. Personnel Change of Status. • Approval of Personnel Change of Status A copy of the Personnel Change of Status is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 20. Payment of Claims. Approval of Payment of Claims • a. 8205939 -8206086 • b. 9202659-9202701 The County Judge announced a correction to the Claims that need to be paid. The amended Claim Numbers are: a. 8205939—8206088 b. 9202659—9202701 Motion:Approve w/Conditions, 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 the following: • a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel. • b. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. At this point,the County Judge announced the Court would consider items 23 through 28 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:14 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: a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel. Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel Jennifer Salazar, Human Resources Director Raeanna McConathy. Human Resources Assistant Director Aubrey Leggett,Administrative Assistant b. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel Trevor Lansdown, Project Manager 22. Consider and possible action on Executive Session. At 10:46 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 the County Auditor's Monthly Report for August 2024. The Court acknowledged receipt of the County Auditor's Report for August 2024. 24. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of October 23, 2024. Acknowledgement of the 2024-2025 Contingency Budget to Actuals by Fund as of October 23, 2024. The Court acknowledged receipt of the 2024-2025 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of October 23, 2024. 25. Acknowledgement of monthly reports submitted in October 2024. The Court acknowledged receipt of the Extension Service reports submitted October 2024 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk Constable Precinct 2 26. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 25 juveniles in the detention center, 18 are male, 7 are female, and 33 have electronic monitors. 27. Sheriff's report on inmate population. Sheriff Wayne Dicky reported there were 782 inmates in jail, 649 inmates are male, 133 are female, and 36 have electronic monitors. 28. Announcement of interest items and possible future agenda topics. The Court expressed their appreciation to the Human Resource department for a job well done on the County Job Fair. Commissioner Watson said the fair was well attended with 270 applicants. The Court also encouraged the community to get out and vote,there is one more week of early voting. They thanked the Election Administration staff and the pole workers for making the voting process secure and efficient. Commissioner Berry announced the Early Voting Locations: • Arena Hall • Galilee Baptist Church • College Station Utilities Meeting & Training Facility • Memorial Student Center(MSC) • Brazos County Elections Administration Office 29. Adjourn. Pg 1of3 BRAZOS COUNTY COMMISSIONER' S COURT DAY OF Dc- , 20 aq ID : OD A PM, geluicor Name • Organization (PLEASE PRINT)k (PLEASE PRINT) 1 P_ -P a(5 wvr�c�an eel (5e. 11 (' Di AA OUIL 5LALtr'S WiLAN6Q _s- af-,4 0,61\m\ Cj.p� \ C., *.\(\ak Qrimm La.( bok-- z owe PNr q'aJ )16v1& e_- gr-e -e -( Kcvv- S 1. th, s 0/P _ , AS ,ckmd-sbr( MR: 14- D ens oko Pg ofa BRAZOS COUNTY COMMISSIONER' S COURT aG1 9AYOF Qr , 20a 1(9 , .. PM, Z( ,Aar Se 55 ,t3A) Name . Organization (PLEASE PRINT) (PLEASE PRINT) ! le G CALNQF- ( $cr . 1- rt4 r‹,17L- 6 , G( Stiff V f l le,-crea.l1C �CCe s Sp-etAair Ouud t U Ac),( 0, \VC! a-Actrs offr-e) Nana is WIAAPC Pikitako&I-1 \YU U WA v\k/v A'Ac4N V1N iv\ Lcxe [lam TexoIS A g<1--k /af- .e- g / I 4 l'11 9-vbfr s TuTi+ Pg of 3 -BRAZOS COUNTY COMMISSIONER' S COURT cloi DAY OF Op,k, Name Organization (PLEASE PRINT),) (PLEASE PRINT) vt•- Ct---)- 4V2k.C-tb gC_S SaJ6t7ajik r4-1/M/A6A- Thc toufrOly • -Ft< tI'Jl13 • • f i*C 4BRAZOS COUNTY,TEXAS GRANT APPLICATION APPROVAL FORM Date: 10/21/24 Requesting Department: County Auditor Grant Title: FY2025 Formula Grant Granting Agency: Texas Indigent Defense Commission Amount Requested: Grant Term(Beg/End): 10/1/2024-9/30/2025 Project Description: Provides funds to assist the county in implementation and improvement of indigent criminal defense services in the county. • Will this grant fund salary&benefits? LI Yes ® No Is there County Match requirement? Yes 0 No Are there financial reporting requirements? [✓ Yes Li No Who will do fmancial reporting? County Auditor • Are there programmatic reporting requirements? ® Yes El No Who will do programmatic reporting? Odyssey Software *Please include all available backup documentation with the approval form. All grants are contracts between Brazos County and the granting agency and should be approved by • Commissioners Court prior to the application submission. A horized Sign law.. • Approved by Co issioners ourt on this a9 day of OGT0 act?... .200 LE: • Commissioners Court Approval • 2025 Brazos County Resolution Indigent Defense Grant Program WHEREAS,under the provisions of the Texas Government Code Section 79.037 and Texas Administrative Code Chapter 173,counties are eligible to receive grants from the Texas Indigent Defense Commission to provide improvements in indigent defense services in the county;and WHEREAS,this grant program will assist the county in the implementation and the improvement of the indigent criminal defense services in this county;and. WHEREAS,Brazos County Commissioners Court has agreed that in the event of loss or misuse of the funds,Brazos County Commissioners assures that the funds will be returned in full to the Texas Indigent Defense Commission. NOW THEREFORE,BE IT RESOLVED and ordered that the County Judge of this county is designated as • the Authorized Official to apply for,accept,decline,modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant;and BE IT FURTHER RESOLVED that the County Auditor is designated as the Officer for this grant. Adopted this 99 day of 0 c i O Q�t L ,2024. Duane Peters County Judge Attest: q� County Clerk Cbt Chi u}u, Irtokb ,yrr o BRAZOS COUNTY COMMISSIONERS COURT RESOLUTION AUTHORIZING THE PAYMENT OF TEXAS STATE BAR DUES FOR ATTORNEYS EMPLOYED FULL TIME AS BRAZOS COUNTY EMPLOYEES STATE OF TEXAS COUNTY OF BRAZOS WHEREAS,the Brazos County,Texas,Policy and Procedures Manual,dated May 16,1997,Sec.B.2.,authorizes the payment of an employee's dues in state wide organizations; WHEREAS,the State of Texas requires that all attorneys practicing law in the State of Texas must be members of the State Bar of Texas and must pay annual State Bar dues; WHEREAS,the service•of the attorneys employed fulltime by Brazos County is an ongoing benefit to the taxpayers of Brazos County; • WHEREAS, on May 4, 2009, the County Judge, issued a Memorandum canceling the practice of paying professional dues for County employees; WHEREAS,several elected officials have requested that the Court reinstate the payment of Texas State bar dues for employees working fulltime for the County as attorneys: NOW THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County hereby authorizes the department heads and elected officials of Brazos County to approve the payment of Texas State Bar dues on behalf of any fulltime employee working for Brazos County in a position with a job description that requires State Bar licensure. RESOLVED this V- day of October 2024. uane Peters Pd(r County Judge Steve drich Chuck Konderla . Comer issioner,Precinct 1 •mmission- Prclic 02;Selt- - ,11 I, �.��.� � Nancy Ber Wanda J. Commissioner,Precinct 3 Commissio 1-ecinct 4 ATTEST: taken,jirira afidL, Karen McQueen,Coun Clerk ChleP Decoke • • ••O, i%• -% :L _J'Oil : 1. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Tax Office NUMBER: • DATE OF COURT MEETING: 10/29/2024 ITEM: Approval of the following Public Official Bonds of Tax Assessor and Collector for Angela Hines: • a.Governor Texas • b.Brazos County TO: Commissioners Court FROM: Arquetta Robinson DATE: 10/21/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type ANGELA HINES BRAZOS GOVERNOR OF TEXAS.pdf Bond I Gouemor of Texas Backup Material ANGELA HINES_BRAZOS COUNTY.pdf Bond 2 Brazos County Backup Material APPRO oaaa÷ uane Peters Date County Judge .i * * * * * * * No. LP07469342 ** * * PUBLIC OFFICIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Angela Hines of City of Bryan State of Texas as Principal and the Old Republic Surety Company Organized under the Laws of the State of Wisconsin ,as Surety,with its Home Office in Brookfield In said state, are held and firmly bound unto Governor of Texas PO Box 12428,Austin,TX 78711 as Obligee, in the sum of one hundred thousand dollars and no/100***************************** Dollars($ 100,000 ) for the payment of which,well and truly to be made,we bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. SIGNED, SEALED AND DATED this 14th day of October , 2024 . WHEREAS,the above-named Principal has been duly appointed oasis:led( Tax Assessor Collector of the County of Brazos State of Texas for the definite/indefinite term beginning on the 1st day of October , 2024 and ending on the 31st Day of December,2028 NOW, THEREFORE, the condition of the foregoing obligation is such, that if the above bounded Principal shall faithfully perform such duties as may be imposed on him by law and shall honestly account for all money that may come into his hands in his official capacity during the said term, then his obligation shall be void; otherwise to remain in full force and effect; provided, however, that the Surety shall not be liable hereunder for any loss of public money deposited by or in behalf of the Principal with any bank when such loss is occasioned by the failure of such bank faithfully to account for and pay over such money on legal demand;any law,decision,or statute to the contrary notwithstanding. This bond is further conditioned that the liability of the Surety shall be fully terminated as to future acts of the Principal thirty (30)days after the receipt by the Obligee,of the Surety's written notice of cancellation. Witness:�/i v ` ciPV\ B Y bA.Alotai 11/1/f/Ob Principal Old Republic Surety Company •Sur*" Witness: C�'�hP.GF.,. By CaQ.a .o� :: Teresa Martin Alexandria Petroski'+ = r'� _ = Attorney-In-Fact • ORSC 21202(3/93) _ r r� **** *' * OLD REPUBLIC SURETY COMPANY ***** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: CONNIE GROCHOLSKI,KRISTEN BENFER,TERESA MARTIN,ALEXANDRIA PETROSK!, SALLY WHITE of BRYAN,TX its true and lawful Attorneys)-in-Fact,with full power and authority for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto(if a seal is required),bonds, undertakings,recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds),as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby,and ail of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-In-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (I) when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be required)bya duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such signature and seal When so used shalt have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 12th day of June 2023 OLD REPUBLIC SURETY COMPANY `, 6♦.-^`Fly•s. j41{4 '`wJlra�wraq�c�� SEAL `y Ass ,ant aecreta , ", President STATE OF WISCONSIN,COUNTY OF WAUKESIIA-SS On this 12th day of June , 2023 ,personally came before me, Alan Pavllo and Karen J Haffner ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say:that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said Instrument by the authority of the board of directors of said corporation. • r�pTAA+ A l Y • fige"Wi#44'h y• Notary Public My Commission Expires: September 28.2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. ' I' \\i,L'NI:YIVI4,� sueFryr'.,.4�. 14th October 2024 89 4052 g i S EAL'�j_ -Signed and sealed at the City of Brookfield,WI this day of , f.ao: ne, - • apscr (11")ORSC22262(3-0e) A ,,, ANCO INSURANCE SERVICES OF BRYAN/COLLEGE STATION, INC. IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una ,queja: You may call Old Republic Surety Company's and/or Old Republic Insurance Usted puede Ilamar al numero de telefono gratis de Company's toll-free telephone number for Old Republic Surety Company's/Old Republic information or to make a complaint at: Insurance Company's para informacion o para someter una queja al: 1-(800) 527-9834 1-(800) 527-9834 You may also write to Old Republic Surety Company and/or Old Republic Insurance Usted tambien puede escribir a Old Republic Surety Company at: Company/Old Republic Insurance Company: 2201 E Lamar Blvd. Unit 260, 2201 E Lamar Blvd. Unit 260, Arlington,TX 76006 Arlington,TX 76006 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on Seguros de Texas para obtener informacion acerca companies, coverages, rights or complaints de companies, coberturas, derechos o quejas al: at: 1-(800) 252-3439 1-(800) 252-3439 Puede escribir al Departamento de Seguros de You may write the Texas Department of Texas: Insurance: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin,TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us • Web: htto:llwww.tdi.state.tx.us E-Mail: ConsumerProtection{@tdi.state.tx.us E-Mail: ConsumerProtection(a7tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: PREMIUM OR CLAIM DISPUTES: Si tiene una disputa concerniente a su prima o a un Should you have a dispute concerning your reclamo, debe comunicarse con el agente o Old premium or about a claim you should Republic Surety Company/Old Republic Insurance contact the agent or Old Republic Surety Company primero. SI no se resuelve la disputa, Company and/or Old Republic Insurance puede entonces comunicarse con el departamento Company first. If the dispute is not resolved, (TDI). you may contact the Texas Department of Insurance. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se ATTACH THIS NOTICE TO YOUR convierte en parte o condicion del documento POLICY: This notice is for information only adjunto. and does not become a part or condition of the attached document. * * * * * No. LP07469341 * * * PUBLIC OFFICIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Angela Hines of City of Bryan State of Texas as Principal and the Old Republic Surety Company Organized under the Laws of the State of Wisconsin ,as Surety,with its Home Office in Brookfield ,in said state, are held and firmly bound unto Brazos County 200 S.Texas Ave,Bryan,TX 77803 ,as Obligee, in the sum of one hundred thousand dollars and no/100***************************** Dollars($ 100,000 for the payment of which,well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. SIGNED, SEALED AND DATED this 14th day of October , 2024 • WHEREAS,the above-named Principal has been duly appointed omteleate ( Tax Assessor Collector of the County of Brazos State of Texas for the definite/indefinite term beginning on the 1st day of October , 2024 and ending on the 31st Day of December,2028 NOW, THEREFORE, the condition of the foregoing obligation is such, that if the above bounded Principal shall faithfully perform such duties as may be imposed on him by law and shall honestly account for all money that may come into his hands in his official capacity during the said term, then his obligation shall be void; otherwise to remain in full force and effect; provided, however, that the Surety shall not be liable hereunder for any loss of public money deposited by or in behalf of the Principal with any bank when such loss is occasioned by the failure of such bank faithfully to account for and pay over such money on legal demand;any law,decision,or statute to the contrary notwithstanding. This bond is further conditioned that the liability of the Surety shall be fully terminated as to future acts of the Principal thirty (30)days after the receipt by the Obligee,of the Surety's written notice of cancellation. Witness:CA/" itAC By 44 ID#02-) d Principal Old Republic Surety Company ( r '•. Surety.;..„.;%�, Witness: A (s� By ( � 4L--'"'���'= 1 Teresa Martin Alexandria Petioski ' ' 73 .Attorney-in-Fact ORSC 21202(3/93) - **** • * * * OLD REPUBLIC SURETY COMPANY ***** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint CONNIE GROCHOLSKI,KRISTEN BENFER,TERESA MARTIN,ALEXANDRIA PETROSKI, SALLY WHITE of BRYAN,TX its tore and lawful Attorney(s)-in-Fact,with full power and authority for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto(if a seal is required),bonds, undertakings,recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-Insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds),as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This appointment Is made under and by authority of the board of directors at a special meeting held on February 18,1982. This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, In conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited In the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (I) when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of.Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 12th day of June 2023 OLD REPUBLIC SURETY COMPANY • 1'1^lu lWaro,.f�p'� SEAL :' //(�J//J� „,„ ��6 AseiV ant Secrete % `r— . V President STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this 12th day of June 2023 ,personally came before me, Alan Pavlic and Karen J Haffner to me known to be the Individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say:that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. if apTAq}•'. i(4-• BOA5014••' w �r/131 ��Notary Public My Commission Expires: September 28,2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) t,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full,force and has not been revoked;and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. • �w•"'••~ = 14th October 2024 89-4052 :=;('SEAL :a'' Signed and sealed at the City of Brookfield,WI this day of , Pees ORSC 22282(3-05) 4(i&q& siit Secrete ANCO INSURANCE SERVICES OF BRYAN/COLLEGE STATION, INC. IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Old Republic Surety Company's and/or Old Republic Insurance Usted puede Ilamar al numero de telefono gratis de Company's toll-free telephone number for Old Republic Surety Company's/Old Republic information or to make a complaint at: Insurance Company's para informacion o para someter una queja al: 1-(800) 527-9834 1-(800) 527-9834 You may also write to Old Republic Surety Company and/or Old Republic Insurance Usted tambien puede escribir a Old Republic Surety Company at: Company/Old Republic Insurance Company: 2201 E Lamar Blvd. Unit 260, 2201 E Lamar Blvd. Unit 260, Arlington,TX 76006 Arlington,TX 76006 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on Seguros de Texas para obtener informacion acerca companies, coverages, rights or complaints de companies, coberturas, derechos o quejas al: at: 1-(800)252-3439 1-(800) 252-3439 Puede escribir al Departamento de Seguros de You may write the Texas Department of Texas: Insurance: P.O.Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin,TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-Mail: ConsumerProtection(antdi.state.tx.us E-Mail: ConsumerProtection(a,tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: PREMIUM OR CLAIM DISPUTES: Si tiene una disputa concemiente a su prima o a un Should you have a dispute concerning your reclamo, debe comunicarse con el agente o Old premium or about a claim you should Republic Surety Company/Old Republic Insurance contact the agent or Old Republic Surety Company primero. Si no se resuelve la disputa, Company and/or Old Republic Insurance puede entonces comunicarse con el departamento Company first. If the dispute is not resolved,, (TDI). you may contact the Texas Department of Insurance. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se ATTACH THIS NOTICE TO YOUR convierte en parte o condicion del documento POLICY: This notice is for information only adjunto. and does not become a part or condition of the attached document. • ..SPg6OFl•- Alek C�< Fp.r Off,`. ti. • BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 10/29/2024 ITEM: Request from Information Technology for the following personnel changes with effective date as of November 9,2024. This change has no affect to the Information Technology's FY2025Budget. • a.Decrease B1230-1 Network Engineer-IT,Group 26 Step 12 to Group 26 Step 10, Full-Time Salary • b. Increase B1230-2 Network Engineer-IT,Group 26 Step 4 to Group 26 Step 6, Full-Time Salary TO: Commissioners Court FROM: Nina Payne DATE: 10/22/2024 FISCAL IMPACT: False BUDGETED: False • DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: General Fund-01000 Information Technology-14000100 ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name Description Tvae IT memo 10.22.24.pdf IT Memo-Personnel Change Request Cover Memo IT 10.22.24.pdf IT Personnel Calculations Backup Material APR -,L �w Duane Peters Date County Judge S. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 10/29/2024 ITEM: Approval to issue Diners Club credit card to IT employee,Stefanie Johnson,with a limit of $5,000.00 to meet the needs of the department's regular expenses. TO: Commissioners Court FROM: Presley Nelson DATE: 10/24/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name pescription Tvoe Credit Card_Request- Card Request Backup Material _Stefanie Johnson.pdf Stefanie Jotnson.pdf Appficaton Backup Material • • AFRO B \ •( Duane Peters Date County Judge October 2024 Destruction Surplus-Administration Office Supplies/Furniture 3-piece Corner Desk Surplus-Administration Office Supplies/Furniture 10 office chairs Surplus-Administration Office Supplies/Furniture 8 stackable chairs Surplus-Administration Office Supplies/Furniture 4 half-moon shaped wall lights Surplus-Administration Office Supplies/Furniture 2 boxes of drapes Surplus-Administration Office Supplies/Furniture 24 tier lights Surplus-Administration Office Supplies/Furniture small table Surplus-Administration Office Supplies/Furniture small wooden cabinet Surplus-Administration Office Supplies/Furniture two small tables Surplus-Administration Office Supplies/Furniture 32 in.Sony TV(non-functional Surplus-Administration Office Supplies/Furniture Two SHARP VHS TVs Surplus-Administration Office Supplies/Furniture 3-piece metal mail drawer Surplus-Administration Office Supplies/Furniture 10 Chairs Surplus-Administration Office Supplies/Furniture Typewriter 3 Boxes of Misc.Office Supplies(CDs, Floppy Surplus-Administration Office Supplies/Furniture Disk, ETC.) Surplus-Administration Office Supplies/Furniture 10 ft Bulletin Board Surplus-Administration Office Supplies/Furniture 4 ft metal shelf pprove by Co •missioner'• ���urt on this ` day of ©vivo a 2024 by ♦ - -I!ding the position of CAM-Pp( 01-11)66- • oG'yTY F 9�A~0 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Brazos County Sheriff's Office NUMBER: DATE OF COURT MEETING: 10/29/2024 ITEM: Approval of one-time exception to the De minimis Employee Expenditures Policy by the Sheriffs Office to exceed the$50.00 limit per employee for the purchase of service and performance awards in the form of plaques.Plaques are being purchased for the Sheriffs Office annual event and will not exceed$100.00 per person. TO: Commissioners Court FROM: Regina Guzman DATE: 10/1412024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description IYRe. hh Attachments Available APPRO -ankh_ . — Ia.4 Duane Peters Date County Judge Sid .Opr • 416 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Brazos County Office of the NUMBER: Sheriff-Detention Ctr. DATE OF COURT MEETING: 10/29/2024 ITEM: Approval requested from Brazos County Sheriffs Office-Jail Medical Division for payment of$3,460.00 to Dentrust Dental with FY 2025 funds.A Purchase Order was not obtained in advance. TO: Commissioners Court FROM: Chief Kevin Stuart,CJM DATE: 10/23/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description 7vne. Dentrust=Agenda Memo.pdf Memo of request-Dentrust payment Backup Material 2024- Dentrust Invoice Backup Material 0918_0entrust invoice#BZTX019274.pdf Denirust 2024-2025- Payment Authorization form Backup Material Payment Authorization Form.pdf AltIR' !VED Tact taxis Duane Peters Date County Judge �RA'72. BRAZOS COUNTY OFFICE OF THE SHERIFF WAYNE DICKY, SHERIFF PAUL MARTINEZ, CHIEF DEPUTY OF ENFORCEMENT 1700 WEST STATE HIGHWAY 21 °FF � KEVIN STUART, CHIEF DEPUTY OF CORRECTIONS BRYAN, TEXAS 77803-1300 To: County Judge Duane Peters Commissioner Steve Aldrich Commissioner Chuck Konderla Commissioner Nancy Berry Commissioner Wanda Watson From: Chief Deputy of Corrections Kevin Stuart Date: October 23, 2024 Subject: Request for Payment of Unpaid Dentrust Invoice. The Brazos County Sheriffs Office-Jail Medical Division is requesting payment of the unpaid Dentrust bill, which totals $3,460.00. We would like to allocate this payment from the Fiscal Year 2025 budget. Please note that a purchase order was not created for this invoice at the time of the expense. Should you have any questions or concerns,please feel free to contact me. Respectfully, Kevin Stuart, CJM Chief Deputy of Corrections Brazos County Sheriffs Office 1835 Sandy Point Rd. Bryan, TX 77840 l _ t OFFICE(979)361-4900 Alp ADMINISTRATION(979)361-4992 4 FAX(979)361-4999 • Dentrust Dental 1INVOIC E 6097 Easton Road Invoice No: BZTX019274 Pipersvile, PA 18947 (267)-927-5000 Fax(267)-927-5007 September18,2024 To: BRAZOS COUNTY JAIL Contact: LAURA COOK 1700 Hwy.21 West Phone: 9793614997 BRYAN,TX 77803- Fax: 9793614999 Summary of Services: BRAZOS COUNTY JAIL INVOICE PERIOD: 9/1/2024 TO 9/30/2024 ADA# procedure `.,. . _<rt .:Quantity 0140 PROBLEM FOCUSED 15 $675.00 0220 PERIAPICAL-FIRST FILM 15 $375,00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSED RO 13 $1,460.00 7210 SURGICAL EXTRACTION 1 $135.00 7250 REMOVAL OF RESIDUAL ROOT TIP 6 $750.00 X010 TRAVEL EXPENSE 1 $65.00 fi Services Sub-Total: $3,460.00 Adjustments: $0.00 TOTAL DUE: $3,460.00 I r Page 1 of 1 Dentrust Dental Invoice No: BZTX019274 6097 Easton Road Date: September 18,2024 PipersviUe,PA 18947 Facility: BRAZOS COUNTY JAIL (267)-927-5000 Fax(267)-927-5007 Billing Period: 9/1/2024 TO 9/30/2024 Facility# ID Patient Name D.O.B. S.S.N. Sex 94750 224117 ALEXANDER,DILLON 3/24/1992 M ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 11 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 12 - 9/12/2024 $110.00 7250 REMOVAL OF RESIDUAL ROOT TIP 11 - 9/12/2024 $125.00 Sub-Total: $305.00 260970 CALHOUN,KEITH 1/3/1981 ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 13 - 9/12/2024 $25.00 7250 REMOVAL OF RESIDUAL ROOT TIP 13 - 9/12/2024 $125.00 7250 REMOVAL OF RESIDUAL ROOT TIP 14 - 9/12/2024 $125.00 7250 REMOVAL OF RESIDUAL ROOT TIP 15 - 9/12/2024 $125.00 Sub-Total: $445.00 101365 1231219 CORNELIUS,JESSICA I11/18/1973 F ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 28 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 28 - 9/12/2024 $110.00 Sub-Total: $180.00 260963 DOMINGUEZ,FRANCISCO 2/15/1998 I ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 2 - 9/12/2024 $25.00 7210 SURGICAL EXTRACTION 2 - 9/12/2024 $135.00 7250 REMOVAL OF RESIDUAL ROOT TIP 3 - 9/12/2024 $125.00 Sub-Total:, $330.00 1260972 (ESCOBEDO KADEN 1 110/5/2004 ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 32 - 9/12/2024 $25.00 Sub-Total: $70.00 Page 1 of 3 Dentrust Dental Invoice No: BZTX019274 6097 Easton Road Date: September 18,2024 Pipersville,PA 18947 Facility: BRAZOS COUNTY JAIL (267)-927-5000 Fax(267)-927-5007 Billing Period: 9/1/2024 TO 9/30/2024 Facility# ID Patient Name D.O.B. S.S.N. Sex 260974 IGALINDO,CHUNTY 9/1/1993 ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 19 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 20 - 9/12/2024 $110.00 7250 REMOVAL OF RESIDUAL ROOT TIP 19 - 9/12/2024 $125.00 Sub-Total: $305.00 260965 GARZA,EDGAR 11/1/1994 ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 17 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 17 - 9/12/2024 $125.00 Sub-Total: $195.00 84017 1 254029 IHARBER,JAMES 10/24/1965 ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 14 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 14 - 9/12/2024 $110.00 Sub-Total: $180.00 260967 KESSEL,JASON 6/6/1982 I I ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 19 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 19 - 9/12/2024 $110.00 • Sub-Total: $180.00 1260966 MONTANEZ,ISIDRO 19/2/1997 .II I I ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 31 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 31 - 9/12/2024 $110.00 Sub-Total: $180.00 Page 2 of'3 Dentrust Dental Invoice No: BZTX019274 6097 Easton Road Date: September 18,2024 Pipersville,PA 18947 Facility: BRAZOS COUNTY JAIL (267)-927-5000 Fax(267)-927-5007 Billing Period: 9/1/2024 TO 9/30/2024 Facility# ID Patient Name. D.O.B, S.S.N. Sex 260969 POPE,WILLIE 10/23/1990 I I ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 . 0220 PERIAPICAL-FIRST FILM 31 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 31 - 9/12/2024 $110.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 32 - 9/12/2024 $125.00 Sub-Total: $305.00 • 260973 IPUTZ,LAWRENCE 2/10/1998 ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 19 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 19 - 9/12/2024 $110.00 Sub-Total: $180.00 260971 RILEY,ANTHONY 2/6/1978 I ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 31 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 31 - 9/12/2024 $110.00 Sub-Total: $180.00 260964 ROWLEY,CLAYTON 9/13/2000 I I ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 31 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 31 - 9/12/2024 $110.00 Sub-Total: $180.00 1260968 SMITH,TRISTIN I 12/25/1995 I ADA# Procedure Text Tooth Surface Performed Cost 0140 PROBLEM FOCUSED - - 9/12/2024 $45.00 0220 PERIAPICAL-FIRST FILM 3 - 9/12/2024 $25.00 7140 EXTRACTION,ERUPTED TOOTH OR EXPOSE 3 - 9/12/2024 $110.00 Sub-Total: $180.00 - 77621 TRAVEL ADA# Procedure Text Tooth Surface Performed Cost X010 TRAVEL EXPENSE - - 9/12/2024 $65.00 Sub-Total: $65.00 Page 3 of 3 A N y�t Off, :� -., :'•G� BRAZOS COUNTY Payment Authorization Vendor#: 92883 Division: BCDC-JAIL Pay to: Dentrust Dental Texas PC Inc. Today's Date: 12/21/2016 Address: 6097 Easton Road Pipersville. PA 18947 Attach ALL supporting data such as invoices,meal and hotel receipts,airline tickets,seminar brochure(s)or syllabus, brochure(s)or syllabus,registration forms,etc. INVOICE INVOICE UNIT DATE NUMBER DESCRIPTION QUANTITY PRICE TOTAL 9/18/2024 BZRX019274 Inmate Dental Services performed 1 1.00 3,460.00 9/1/2024-9/30/2024 "I,the requisitioner,hereby certify that the item(s)and/or FREIGHT service(s)on this requisition have been or will be used TOTAL $ 3,460.0C exclusively for the benefit of Brazos County. They have been purchased in compliance with Section 262.021- FUND DIVISION ACCOUNT PROJECT# AMOUNT Section 262.034 of the Local Government Code. I further 28003000 72270000 $ 3,460.00 certify that I am aware of the criminal penalties resulting from the violation of these State laws." Sgt.T.Brown Requisitioned By Approved/County Judge TOTAL $ 3,460.00 Approved/County Auditor MF-6 Agreeatent No. t07t2017> FIELD AGREEMENT Among U.S.Department of Agriculture,Animal and Plant Health Inspection Service. Wildlife Services and Texas A&M AgriLife Extension Service-Wildlife Services and Texas Wildlife Damage Management Association, Inc. and Brazos county Road and Bridge Dept. Cooperator In accordance with the terms of the Memorandum of Understanding between the United States Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife Services; The Texas A&M University System, Texas A&M AgriLife Extension Services - Wildlife Services; and the Texas Wildlife Damage Management Association, Inc. (collectively known as the Texas Wildlife Services Program [TWSP]) a copy of which is on file at the State Office, San Antonio, Texas, this field agreement is intended to augment the wildlife damage management activities of the TWSP. THEREFORE,It is Mutually Agreed That: 1. The cooperative wildlife damage management program conducted under the terms of this agreement shall be under direct supervision of the U.S.Department of Agriculture,Animal and Plant Health inspection Service,Wildlife Services.A local representative of the TWSP will frequently consult with the Cooperator relative to the extent of the TWSP's participation in the plans and procedures that are necessary to best serve the interest of the parties hereto. 2. The Cooperator will provide funds to the Texas Wildlife Damage Management Fund for the employment of personnel, fringe benefits,payment of travel and other expenses as necessary to fulfill the mission of the cooperative program. The TWSP will contribute to the salary,travel costs,and all other necessary expenses to carry out an effective program. 3. The State Director of the TWSP or designated official will certify as to the accuracy of all claims to be paid by any party to this agreement and shall perform such other administrative functions as are agreed upon from time to time; provided, that no funds of the Cooperator will be transferred to any such employee working under the terms of this agreement. 4. Authority exists under the Animal Damage Control Act of March 2. 1931,(7 U.S.C.426-426c,as amended)and the Rural Development, Agriculture, and Related Agencies Appropriations Act of 1988 (P.L. 100-202) for Wildlife Services to cooperate with states, individuals, public and private agencies, organizations, and institutions in the control of nuisance animals injurious to agriculture,horticulture;forestry,animal husbandry,wildlife,and public health and safety. 5. The TWSP will hold the Cooperator harmless from any liability arising from the negligent act or omission of an officer of a managing cooperative entity or employee acting within the scdpe of his/her employment to the extent compensation is available pursuant to the Federal Tort Claims Act (FTCA), 28 USC 2671 et. seq., except to the extent that aforesaid liability arises from the negligent acts or omissions of the Cooperator,their employees,agents,or subcontractor(s). Such relief shall be provided pursuant to the procedures set forth in the FTCA and applicable regulations. 6. Furs or other parts of monetary value taken from wild animals will be handled in accordance with the provision of Article 3 f.of the Memorandum of Understanding. 7. This agreement and any continuation thereof shall be contingent upon availability of funds. It is understood and agreed that any monies allocated for the purpose of this agreement shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the appropriate managing cooperative entity that is making the funds available. 8. This agreement shall continue in force and effect until superseded or terminated.Terms and service fees may be reviewed and revised periodically. It may be amended by mutual agreement by executing a corresponding field agreement. This agreement may be terminated by either party upon thirty(30)days written notice. NOW. THEREFORE,Pursuant To Section 2 Above,It Is Mutually Agreed That: 1. The TWSP shall furnish supervision of the project and shall provide equipment and other supplies required in the operation of the project. 2. The Cooperator shall pay the Texas Wildlife Damage Management Fund for wildlife damage management services in the amount ors 250.00 per trapping session Ay $100 monthly trip charge for the period: (monthly,annually) Oct 1 2024 to September 30 2025 to be spent primarily for the purposes outlined herein: Wildlife Damage Management Services The Cooperator further agrees to make this payment to the Texas Wildlife Damage Management Fund promptly upon receipt of a monthly invoice for services provided. The TWSP will provide a report of the wildlife damage management activities. Failure of the Cooperator to make this contribution within thirty(30)days after receipt of this invoice will,at the optio the TWSP,terminate the agreement at the end of the period. IN WITNESS WHEREOF, the duly authorized officers of the partie . 'qve execute t ' • t on the dates opposite their respective signatures. cro tr ct- act ao By Cooperator By District Supervisor • By State Director STATE OFFICE MF-6 Agreement Na. 1u7r3ut71 FIELD AGREEMENT Among U.S.Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife Services and Texas A&M AgriLife Extension Service-Wildlife Services and Texas Wildlife Damage Management Association,Inc. and Brazos County Road and Bridge Dept. Cooperator In accordance with the terms of the Memorandum of Understanding between the United States Department of Agriculture.Animal and Plant Health inspection Service, Wildlife Services: The Texas A&M University System, Texas A&M AgriLife Extension Services - Wildlife Services; and the Texas Wildlife Damage Management Association. Inc. (collectively known as the Texas Wildlife Services Program [TWSP]) a copy of which is on file at the State Office, San Antonio, Texas, this field agreement is intended to augment the wildlife damage management activities of the TWSP. THEREFORE,It Is Mutually Agreed That: 1. The cooperative wildlife damage management program conducted under the terms of this agreement shall be under direct supervision of the U.S.Department of Agriculture,Animal and Plant Health Inspection Service,Wildlife Services.A local representative of the TWSP will frequently consult with the.Cooperator relative to the extent of the TWSP's participation in the plans and procedures that are necessary to best serve the interest of the parties hereto. 2. The Cooperator will provide funds to the Texas Wildlife Damage Management Fund for the employment of personnel. fringe benefits,payment of travel and other expenses as necessary to fulfill the mission of the cooperative program.The TWSP will contribute to the salary,travel costs,and all other necessary expenses to carry out an effective program. 3. The State Director of the TWSP or designated official will certify as to the accuracy of all claims to be paid by any party to this agreement and shall perform such other administrative functions as are agreed upon from time to time; provided. that no funds of the Cooperator will be transferred to any such employee working under the terms of this agreement. 4. Authority exists under the Animal Damage Control Act of March 2. 1931.(7 U.S.C.426-426c,as amended)and the Rural Development, Agriculture, and Related Agencies Appropriations Act of 1988 (P.L. 100-202) for Wildlife Services to cooperate with states. individuals, public and private agencies. organizations, and institutions in the control of nuisance animals injurious to agriculture,horticulture,forestry.animal husbandry,wildlife,and public health and safety. S. The TWSP will hold the Cooperator harmless from any liability arising from the negligent act or omission of an officer of a.managing cooperative entity or employee acting within the scdpe of his/her employment to the extent compensation is available pursuant to the Federal Tort Claims Act (FTCA), 28 USC 2671 et. seq., except to the extent that aforesaid liability arises from the negligent acts or omissions of the Cooperator. their employees,agents,or subcontractor(s). Such relief shall be provided pursuant to the procedures set forth in the FTCA and applicable regulations. 6. Furs or other parts of monetary value taken from wild animals will be handled_in accordance with the provision of Article 3 f.of the Memorandum of Understanding. 7. This agreement and any continuation thereof shall be contingent upon availability of funds. It is understood and agreed that any monies allocated for the purpose of this agreement shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the appropriate managing cooperative entity that is making the funds available. 8. This agreement shall continue in force and effect until superseded or terminated.Terms and service fees may be reviewed and revised periodically. It may be amended by mutual agreement by executing a corresponding field agreement. This agreement may be terminated by either party upon thirty(30)days written notice. NO1Y THEREFORE,Pursuant To Section 2 Above,it Is Mutually Agreed That: - 1. The TWSP shall furnish supervision of the project and shall provide equipment and other supplies required in the operation of the project. 2. The Cooperator shall pay the Texas Wildlife Damage Mana ement Fund for wildlife damage management services in the amount of$250.00 per trapping session it $100 monthly trip charge for the period: (monthly,annually) Oct 1 2024 to September 30 2025 to be spent primarily for the purposes outlined herein: Wildlife Damage Management Services The Cooperator further agrees to make this payment to the Texas Wildlife Damage Management Fund promptly upon receipt of a monthly invoice for services provided. The TWSP will provide a report of the wildlife damage management activities. Failure of the Cooperator to make this contribution within thirty(30)days after receipt of this invoice will,at the option of the TWSP.terminate the agreement at die end of the period. IN WITNESS WHEREOF. the duly authorized officers of the parties • • execute his agreeme on the dates opposite their respective signatures. CrO (3{G12-QC .ac.Lat+ liy Cooperator By District Supervisor By State Director STATE OFFICE MF-6 Agreement No t0 71 2 017) FIELD AGREEMENT Among U.S.Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife Services and Texas A&M AgriLife Extension Service-Wildlife Services and Texas Wildlife Damage Management Association, inc. and Brazos Core Road and Bridge Dept. Cooperator In accordance with the terms of the Memorandum of Understanding between the United States Department of Agriculture, Animal and Plant Health Inspection Service. Wildlife Services; The Texas A&M University System. Texas A&M AgriLife Extension Services - Wildlife Services; and the Texas Wildlife Damage Management Association, Inc. (collectively known as the Texas Wildlife Services Program [TWSP]) a copy of which is on file at the State Office, San Antonio, Texas, this field agreement is intended to augment the wildlife damage management activities of the TWSP. THEREFORE. It Is Mutually Agreed That: 1. The cooperative wildlife damage management program conducted under the terms of this agreement shall be under direct supervision of the U.S.Department of Agriculture,Animal and Plant Health Inspection Service,Wildlife Services.A local representative of the TWSP will frequently consult with the Cooperator relative to the extent of the TWSP's participation in the plans and procedures that are necessary to best serve the interest of the parties hereto. 2. The Cooperator will provide funds to the Texas Wildlife Damage Management Fund for the employment of personnel, fringe benefits, payment of travel and other expenses as necessary to fulfill the mission of the cooperative program.The TWSP will contribute to the salary,travel costs,and all other necessary expenses to carry out an effective program. 3. The State Director of the TWSP or designated official will certify as to the accuracy of all claims to be paid by any party to this agreement and shall perform such other administrative functions as are agreed upon from time to time; provided. that no funds of the Cooperator will be transferred to any such employee working under the temis of this agreement. 4. Authority exists under the Animal Damage Control Act of March 2. 1931.(7 U.S.C.426-426c,as amended)and the Rural Development. Agriculture, and Related Agencies Appropriations Act of 1988 IP.L. 100-202) for Wildlife Services to cooperate with states, individuals, public and private agencies. organizations, and institutions in the control of nuisance animals injurious to agriculture,horticulture.forestry,animal husbandry.wildlife,and public health and safety. 5. The TWSP will hold the Cooperator harmless from any liability arising from the negligent act or omission of an officer of a managing cooperative entity or employee acting within the scdpe of his/her employment to the extent compensation is available pursuant to the Federal Tort Claims Act (FICA), 28 USC 2671 et. seq., except to the extent that aforesaid liability arises from the negligent acts or omissions of the Cooperator, their employees,agents,or subcontractor(s). Such relief shall•be providedpursuant to the procedures set forth in the FICA and applicable regulations. 6. Furs or other parts of monetary value taken from wild animals will be handled in accordance with the provision of Article 3 f.of the Memorandum of Understanding. 7. This agreement and any continuation thereof shall be contingent upon availability of funds. it is understood and agreed that any monies allocated for the purpose of this agreement shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the appropriate managing cooperative entity that is making the funds available. 8. This agreement shall continue in force and effect until superseded or terminated.Terms and service fees may be reviewed and revised periodically. It may be amended by mutual agreement by executing a corresponding field agreement. This agreement may be terminated by either party upon thirty(30)days written notice. NOW. THEREFORE,Pursuant To Section 2 Above.It Is Mutually Agreed That: - 1. The TWSP shall furnish supervision of the project and shall provide equipment and other supplies required in the operation of the project. 2. The Cooperator shall pay the Texas Wildlife Qarnagc Management Fund for wildlife damage management services in the amount of$250.00 per trapping session it100 monthly trip charge for the period: (monthly.annually) Oct 1 2024 to September 30 2025 to be spent primarily for the purposes outlined herein: Wildlife Damage Management Services The Cooperator further agrees to make this payment to the Texas Wildlife Damage Management Fund promptly upon receipt of a monthly invoice for services provided. The TWSP will provide a report of the wildlife damage management activities. Failure of the Cooperator to make this contribution within thirty(30)days after receipt of this invoice will.at the option of the TWSP.terminate the agreement at the end of the period. IA' i17TNESS WHEREOF, the duly authorized officers of the partie we executed th'• agreeme a dates opposite their respective signatures. 0 Ur 6ev.- act _ aoa.y. B �r — Y Cooperator Fly District Supervisor . By State Director STATE OFFICE MF-6 (07/20171 Agreement No. FiELD AGREEMENT Among U.S.Department of Agriculture,Animal and Plant Health Inspection Service. Wildlife Services and Texas A&M AgriLife Extension Service-Wildlife Services and Texas Wildlife Damage Management Association, Inc. and Brazos Countu Road and Bridge Dept. Cooperator In accordance with the terms of the Memorandum of Understanding between(he United States Department of Agriculture, Animal and Plant Health Inspection Service. Wildlife Services; The Texas A&M University System. Texas A&M AgriLife Extension Services - Wildlife Services; and the Texas Wildlife Damage Management Association, inc. (collectively known as the Texas Wildlife Services Program [TWSPJ) a copy of which is on fdc at the State Office, San Antonio, Texas, this field agreement is intended to augment the wildlife damage management activities of the TWSP. THEREFORE,It Is Mutually Agreed That: 1. The cooperative wildlife damage management program conducted under the terms of this agreement shall,be under direct supervision of the U.S.Department of Agriculture,Animal and Plant Health Inspection Service,Wildlife Services.A local representative of the TWSP will frequently consult with the Cooperator relative to the extent of the TWSP's participation in the plans and procedures that are necessary to best serve the interest of the parties hereto. 2. The Cooperator will provide funds to the Texas Wildlife Damage Management Fund for the employment of personnel. fringe benefits,payment of travel and other expenses as necessary to fulfill the mission of the cooperative program. The TWSP will contribute to the salary,travel costs,and all other necessary expenses to carry out an effective program. 3. The State Director of the TWSP or designated official will certify as to the accuracy of all claims to be paid by any party to this agreement and shall perform such other administrative functions as are agreed upon front time to time; provided, that no funds of the Cooperator will be transferred to any such employee working under the terms of this agreement. 4. Authority exists under the Animal Damage Control Act of March 2. 1931.(7 U.S.C.426-426c,as amended)and the Rural Development. Agriculture, and Related Agencies Appropriations Act of 1988 (P.L. 100-202) for Wildlife Services to cooperate with states, individuals, public and private agencies, organizations, and institutions in the control of nuisance animals injurious to agriculture,horticulture,forestry,animal husbandry,wildlife,and public health and safety. 5. The TWSP will hold the Cooperator harmless from any liability arising from the negligent act or omission of an officer of a managing cooperative entity or employee acting within the scdpe of his/her employment to the extent compensation is available pursuant to the Federal Tort Claims Act (FTCA), 28 USC 2671 et. seq., except to the extent that aforesaid liability arises from the negligent acts or omissions of the Cooperator, their employees,agents,or subcontractor(s). Such relief shall be provided pursuant to the procedures set forth in the FTCA and applicable regulations. 6. Furs or other parts of monetary value taken front wild animals will be handled in accordance with the provision of Article 3 f.of the Memorandum of Understanding. 7. This agreement and any continuation thereof shall be contingent upon availability of funds. It is understood and agreed that any monies allocated for the purpose of this agreement shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the appropriate managing cooperative entity that is making the funds available. 8. This agreement shall continue in force and effect until superseded or terminated.Terms and service fees may be reviewed and revised periodically. It may be amended by mutual agreement by executing a corresponding field agreement. This agreement may be terminated by either party upon thirty(30)days written notice. NOW. THEREFORE,Pursuant To Section 2 Above,It Is Mutually Agreed That: - I. The TWSP shall furnish supervision of the project and shall provide equipment and other supplies required in the operation of the project. 2. The Cooperator shall pay the Texas Wildlife Damage Monument Fund for wildlife damage management services in the amount of s 250.00 per trapping session -#* ae 100 monthly trip charge for the period: (monthly.annually) Oct 1 2024 to September;30 2025 to be spent primarily for the purposes outlined herein: Wildlife Damage Management Services The Cooperator further agrees to make this payment to the Texas Wildlife Damage Management Fund promptly upon receipt of a monthly invoice fur services provided. The TWSP will provide a report of the wildlife damage management activities. Failure of the Cooperator to make this contribution within thirty(30)days after receipt of this invoice will,at the option of the TWSP.terminate the agreement at the end of the period. /N WITNESS WHEREOF. the duly authorized officers of the parties • h•ve execute this agreeme n the dates opposite their respective signatures. 0 c rOa t^ t�caCk . ao aLt• By Cooperator • By District Supervisor • It)• State Director STATE OFFICE AGREEMENT FOR TAX OFFICE & AGRILIFE SITE DRAINAGE IMPROVEMENTS RFP # CIP 24-619 BRAZOS COUNTY, TEXAS Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 1 TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CI?24-619 Page 2 AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the TAX OFFICE &AGRILIFE SITE DRAINAGE IMPROVEMENTS, Brazos County, Texas, in the amount of SIX HUNDRED, SEVENTY TWO THOUSAND, THREE HUNDRED, EIGHTY DOLLARS AND SEVENTY FIVE CENTS ($672,380.75) is entered into this 23rd day of June 2024 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and NORMAN CONSTRUCTION SERVICES,. LLC., (hereinafter referred to as "Contractor"). The TAX OFFICE&AGRILIFE SITE DRAINAGE IMPROVEMENTS 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 24-619 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 to improve site drainage of the TAX OFFICE&AGRILIFE BUILDING 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 involves removal, disposal and replacement of Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 3 existing sidewalk and plaza paving around the Brazos County TAX OFFICE & AGRILIFE BUILDINGS. 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 Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 4 • or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not—In—Contract(N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non—recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non—recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. .18 Agreement/Contract: Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19 Critical Path: The projects tasks that will cause the project end date to be delayed if they are delayed. The word,"critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness;sentences,statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences,statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 5 requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean;to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect' and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word"see." Any such references are to be interpreted to include applicable form of phrase"...and comply with." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if 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 Agreement for Construction—Tax Office&Agrilife,Site Drainage Improvements RFP CIP 24-619 Page 6 work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (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 attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S.DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and/or Engineer's consultants are Instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set Neither the Contractor, nor any Subcontractor, Sub— subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer or the Engineer's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner— Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub—subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, • Sub—subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and/or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619• 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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 inaccordance 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-6 19 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 Layout/grades will be per plans. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment,tools, construction equipment and machinery,water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work,, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agn'life Site Drainage Improvements RFP CIP 24-619 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 $75,000.00 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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,ATTORNEYS FEES,ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM; LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY,SICKNESS,DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY(OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB-CONTRACTORS, SUB-SUB-CONTRACTORS, AND SUPPLIERS,AND THEIR EMPLOYEES AND AGENTS;(C)ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE(INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE,ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 18 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 60: Contractor attains Substantial Completion Day 90: Contractor attains Final Completion Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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 giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 22 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. Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 23 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore,the effect of such abnormal weather must be demonstrated: 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim,date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including,where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other parry'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 Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-6(9 Page 24 has been referred to the Engineer with no decision having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims,the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Engineer will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven(7)days. Upon expiration of such time period,the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Engineer 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 Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 25 be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE • WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor 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 Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-6I9 Page 26 • or Engineer, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty(30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. 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 Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 27 with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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 sixty(60) 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 Tax Office&Agrilife Site Drainage Improvements RFP CI?24-619 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-Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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 SIX HUNDRED,SEVENTY TWO THOUSAND,THREE HUNDRED, EIGHTY DOLLARS AND SEVENTY FIVE CENTS ($672,380.75) 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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 fist 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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 Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 38 members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such,the methods of performance of each part of Work shall be done accordingly. 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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. 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 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) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C(Collapse). 3) U (Underground). (d) Broad Form Property Coverage shall include Completed Operations. (e) "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) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self-insured hazards each occurrence Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 42 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- 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. Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 43 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. 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, Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 44 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 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. Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 45 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 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 Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 46 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 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. Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 47 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, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 48 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 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 Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 49 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 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 Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 50 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—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 51 ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon,the a Commissioners Court's approval of the Agreement as set forth in the minutes of the Court's d a2 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,T S ate: 1/a'3` -C)o^tc- Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: NORMAN CONSTRUCTION SERVICES, LLC. Date: 07/09/2024 [VENDOR] • Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 52 ATTACHMENT "A" TAX OFFICE & AGRILIFE SITE DRAINAGE IMPROVEMENTS REQUEST FOR PROPOSAL CIP 24-619 Agreement for Construction—Tax Office&Agrilife Site Drainage Improvements RFP CIP 24-619 Page 53 . _ f_' \ . *`i. k bill :J.1.:i:::.,:f.„...„;..:.:.1.- .i)c ..i.'')ci.`..c(l.7.7/1 lii$N REQUEST FOR PROPOSALS RFP NO. CIP 24-619 Tax Office & AgriLife Site Drainage Improvements SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, June 11, 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 for furnishing the material and/or services listed on the attached bid form and agrees to deliver said items at the locations and for the prices set forth on the bid form. Company Name: Norman Construction Services, LLC. By(Print): Gene Norman Title: Owner Physical Address: 6687 Koppe Bridge.Rd College Station,TX 77845 Mailing Address: PO Box 223 Wellborn,TX 77881 Telephone: 979-690-0015 Fax: E-mail: gene@normanconstructionservices.com A. SOLICITATION SCHEDULE A Pre-Proposal Conference will be held in the Commissioners' Courtroom located at the Brazos County Administration Building,200 South Texas Ave,Bryan,Texas 77803 at 3:00 p.m. on Thursday,May 23,2024. Release of RFP Tuesday,May 21,2024 Advertisement Dates —_ Tuesday,May 21,2024 Tuesday,May 28,2024 Pre-Proposal Conference Thursday,May 23,2024 at 3:00 PM CST Deadline for Questions Tuesday,June 4,2024 at 5:00 PM CST Proposal Submission Deadline Tuesday,June 11,2024 at 2:00 PM CST Review/Contract Evaluations/Negotiations June Anticipated Award � July Anticipated Construction Start July B. SUMMARY OF WORK The drainage improvements of the Brazos County Tax Office and AgriLife building involves removal, disposal, and replacement of existing sidewalk and plaza paving between and around the buildings. This area has had water infiltration issues causing shifting of the existing flatwork and existing building foundations. The project includes the following: 1. Phased demo and construction for on-going operations of both buildings 2. Field location of existing utilities 3. Upgrade domestic water line to each building to copper 4. Removal and Relocation of existing trees in demo area 5. 1288 Square Yards(SY)of proposed 4" concrete sidewalk 6. Monolithic and dowel on curb 7. New sidewalk tie-in to existing structures and concrete 8. 18"HDPE storm sewer 9. NDS Dura Slope Trench Drain system and French Drain 10.Install concrete flume across back of property at end of parking lot 11. Canopy additions 12.Irrigation removal and installation 13. Other subsidiary items C. ALTERNATES Brick pavers may be an option depending on the cost and budget at that time of construction. D. CONDITIONS OF RFP The following instructions apply to all proposals and become a part of Terms and Conditions of any proposal submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this Proposal. All Contractors are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: 2IPage • a. BRAZOS COUNTY-Same as County. b. COMMISSIONERS' COURT- The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR-The successful Contractor(s) of this proposal request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f. SUB-CONTRACTOR-Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. g. SUPPLIER- Same as Contractor 2. Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If the County chooses,these top scoring firms will be given an opportunity to present potential value engineering or cost saving suggestions to the County. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer may be requested including any revisions and allowing for a revision of the completion timeframe for inclusion into the final contract. 3. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful Contractor for the period. designated. 4. Proposals must be received by the Purchasing Department prior to the time and date specified. 5. The County reserves the right to accept or reject in part or in whole, any proposals submitted,and to waive any technicalities for the best interest of the County. 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential Contractor. Only written specifications and written price quotations will be considered. 7. Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. 8. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable and non-assignable by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 10. ' msoR54ard shall be based on, but not necessarily limited to, the following factors: a. Total cost including the selected alternates and addenda 30% Contractor's fee and all construction costs by line item will be considered with all other criteria to determine best value to the project. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. b. Completion time 0 15% How many days it will take to reach substantial completion of the project The lowest construction time proposal of all the proposals become the standard by which all the time proposals are evaluated. c. Past performance on similar projects of size.and scope 20% Proposer's specific experience on like projects. Consideration will be given to the number and type of like projects completed. d. Overall Experience of Project Manager& Superintendent 20% Proposer's direct management personnel experience.Points are awarded based on the qualifications of proposer's Project Manager and Superintendent. e. Resource Availability 15% Listing of personnel and company owned or leased equipment. Provide other resources available. 11.Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost 12. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 15. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Purchasing Agent 16.Proposals will not be considered if submitted by telephone, fax, or any other means of rapid dispatch, nor will a proposal be considered if submitted to any other person or department other than specifically instructed. 17. All proposals shall be submitted in accordance with the instructions contained herein. Brazos County will not be liable for any information received through other websites or 4IPage sources of information. It is the sole responsibility of the respondent to verify the accuracy of information received from sources other than Brazos County. It is recommended that the respondent check the Brazos Valley e-Marketplace (https://brazosbid.ionwave.net)for addenda prior to submitting their proposal. 18. There is no expressed or implied obligation for Brazos County to reimburse responding service providers for any expenses incurred in preparing proposals in response to this request. 19.Proposals must show full company name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the Contractor. Company name and authorized signature shall appear in each space provided. The Respondent must include Employer Identification Number or Social Security Number and signature for the proposal to be valid 20. The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit A attached. A contractor or subcontractor who- violates this section shall pay to Brazos County $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated on Exhibit A. 21. The proposal specifies the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the contract. If the job cannot be completed within the terms of the contract as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agree to as liquidated damages, for each additional calendar day of delay past the final completion date stated in the contract: two hundred fifty dollars ($250.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. 22. Proposals must specify the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to specify completion time or failure to comply with completion time will be considered reason enough to cancel the contract. 23. Proposals must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. In the event of a discrepancy between the numbers given for the price and the word form of the price, the word form shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 24.It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 5 I Page 25. This Proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County contained in this RFP or the plans for this RFP shall supersede those of the respondent in the event of a conflict. 26.If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed,and enforced as so limited. 27.No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. SPECIAL PROVISIONS 1. Respondent with questions regarding the proposal should submit them in writing via the Brazos Valley e-Marketplace at https://brazosbid.ionwave.net. 2. Fill out the proposal completely, identify the proposal name and number on the outside and return it to the Brazos County Purchasing Department, Administration Building. 200 South Texas Ave.. Suite 352,Bryan, Texas 77803 prior to the submission deadline. The proposal is invalid if it is not deposited at the designated location prior to the time and date advertised, or prior extension issued by the County. 3. 'All proposals shall be prepared on the bid forms located on the Brazos Valley e- Marketplace County web site https://brazosbid.ionwave.net. The proposer must put the proposal number and name on the front of the envelope before mailing it to the Purchasing Department 4. In addition to the County's proposal form, all proposals shall be accompanied by a Contractor's Qualification Statement(MA Document A-305 or equal) listing five(5) like projects,along with the project's owner and engineer contact information on each project. Please note key individuals means Project Manager and Superintendent for this project. Please be specific on the project commitments in progress and future planned commitments to comply with the requests of this RFP. 5. During the evaluation process,Brazos County reserves the right,in the best interest of the County,to request additional information or clarification from Contractors. 6. The contract shall be awarded to the responsible Contractor whose proposal is determined to be the best evaluated offer. 7. Responses to this proposal should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. . . . . .-_.. - 6 I Page 8. Performance Standards: a. All services contracted herein shall be done in a courteous and orderly manner. All Contractor personnel shall be appropriately dressed at all times while on the property. b. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. c. All materials and equipment brought to the site are the full responsibility and liability of the Contractor until removed from the site as required. d. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. e. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the performance of the work herein to be done. f. The Contractor shall be responsible for initiating, maintaining, and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (I) all employees on the project and other persons who may be affected thereby,(2) the project and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. g. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). F. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 1. Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the Proposer • believes that the Proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not acceptable. All Proposals or parts of the Proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful Proposal may be considered public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of the Respondents. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your,entire Proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act. 4. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor agrees that the contract can be terminated if the contractor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. G. CONFLICT OF INTEREST 1. The Respondent shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of Brazos County. 2. By signing and executing this Proposal, the Respondent certifies and represents to the County the Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 3. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process, Proposers, their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County Commissioner's Court meets to consider award of the Proposal. Any such contact will be grounds for rejection of the respondent's proposal. H. ADDENDA AND MODIFICATIONS 1. Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in the Proposal. 2. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request of the Proposer, or in the event the Purchasing Agent deems the interpretation to be substantive; the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley e-Marketplace and will become a part of the Proposal package, having the same binding effect as provisions of the original Proposal. No verbal explanation or interpretations will be binding. In order to have a request of interpretation considered,the request must be submitted in writing and must be received by the Purchasing Department no later than the question deadline. 3. All addenda, amendments, and interpretations of this solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used in preparing Proposal responses. 4. The County does not assume responsibility for receipt of any addendum• sent to Proposers. 5. All addenda must be acknowledged on this form. 6. The Commissioner's Court delegated the right and responsibility for issuing any and all addenda to the Purchasing Agent. 8lPage I. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 1. Each Proposer shall carefully examine all RFP documents and be thoroughly familiar with all requirements prior to submitting a Proposal. 2. Before submitting a Proposal, each Proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the Proposer of the obligation to comply, in every detail, with all provisions and requirements of the RFP. J. TAXES Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. K. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance. coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy c. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made"policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return.receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. COMMERCIAL GENERAL LIABILITY a.General Liability insurance shall be written by carrier with an A:VIII or better rating in accordance with the current Best Key Rating guide. b.Minimum Combined Single Limit of $1;000,000.00 per occurrence for bodily injury and property damage. c.No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d.Excess Liability Umbrella Policy in the amount of not less than$2,000,000.00 will be provided at the Contractors expense. e.Brazos County shall be named as additional insured on Contractors insurance. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an A:ViII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 3. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of$500,000.00 for each accident is required. b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: a. Definitions: i. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Worker's Compensation Commission, or a coverage agreement)TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project ii. Duration of the project- includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. iii. Persons providing services on the project ("subcontractors" in section 406.096 {of the Texas Labor Code})- includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, • regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. • d. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project,the Contractor must, prior to the end of the coverage,period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: i. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and ii. no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: i. provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project,for the duration of the project; ii. provide to the Contractor, prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. . iv. obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; vi. notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii. contractually require each person with whom it contracts, to perform as required by paragraphs (a)-(g), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract, or providing, or causing to be provided a certificate of coverage,the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self-insured, with the commission's Division of Self-Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties,or other civil actions. 4. CERTIFICATES OF INSURANCE Certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. 12 I Page • L. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. M. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide,copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked"Attn.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. N. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor,any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder,the Contractor, or a third party. . The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. c. The Contractor shall indemnify and hold harmless and defend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. f. The Contractor shall also be responsible for subcontractors hired. g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment,no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any architect, their consultants, and agents or employees of any of them arising. out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. O. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person(whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. P. BONDING REQUIREMENTS 1. All proposers must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the respondent will do the work described herein at the rates stated herein. Unsuccessful respondent's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 14 I Page. . 2. The successful respondent must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100%of the total contract sum within ten (10) calendar days after receipt of notification of RFP award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. Q. PROPOSAL SUBMITTAL 1. The Proposer shall submit the proposal on the forms enclosed on the Brazos County web site. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the proposer shall state the prices. 2. If a proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. 3. The Proposer shall submit one (1) original of completed RFP with appropriate signature(s). This should include any pricing (Exhibit B), references, specified qualifications, etc. The Proposer shall also submit five(5) copies of the qualification statements in their proposal packet. 4. By signing the certification below, the respondent verifies that all plans and specifications have been reviewed and are considered in the pricing attached. Prior to award, the respondent also completes the Verification of No Delinquent Taxes or Fees • form (V.T.C.A. LOCAL GOVERNMENT CODE §262.0276), Legislative Certification Form, and the Disclosure of Interested Parties (1295). These are all available on the Brazos County Purchasing website. 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:Plans e. Exhibit E: Supplementary Conditions f. Exhibit F:Specifications 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 REP including: i. References(Section S) ii. Certification of Proposal(Section V) 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: DWS Development Contact: David Scarmardo Phone: 979-229-5118 Email: david@dwsdevelopment.com k . • Company/Entity: Gattis Engineering Contact: Joe Gattis Phone: 979-575-5022 Email: gattisengineering@gmail.com r .,1 „sue Company/Entity: JaCody Construction Contact: Cody McKean • Phone: 979-224-0902 Email: cody.mckean@jacodyconstruction.com • ti • Company/Entity: JBS Engineering Contact: Bill Cullen Phone: 979-485-2879 Email:. bill@jbs-bcs.com Company/Entity: Walker Partners Engineering Contact: Alan Munger Phone: 979-599-9870 Email: munger@walkerpartners.com 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 AFFTR:MATION 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: Norman Construction Services, LLC. Address: PO Box 223 Wellborn, TX 77881 • Proposer's Name: Gene Norman Position/Title: Owner Proposer's Signature: 4, Date: 06/11/2024 Subscribed and sworn to me on this 11th day of June in the year 2024 a/1.` Oil/b , MEGAN LYNN NORMAN er; `4oc Nuttily Public,State of Taxes Notary Piablic ec Comm.Expires 03-06-2026 '6ohm,++�OF��` Notary ID 133627798 My Commission expires 03 /0 Co/d to 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 4( No. 2 117 No. Date 06/03/024 Date 06/05/2024 Date 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: Owner Typed Name: Gene Norman Company Name: Norman Construction Services, LLC. Mailing Address: PO Box 223 Wellborn TX 77881 P.O. Box or Street City State Zip Employer Identification Number: 26-0337638 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 24-619 By signing below, Brazos County agrees that this RFP CEP 21-619 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: �' � a-3, a c;a Attest:Brazos County Clerk • C • J • r�\ INORMANI. vi CONSTRUCTION EST 190S Norman Construction Services PO Box 223 Wellborn,TX 77881 Office 979.690.0015 Norman Construction Services LLC Statement of Qualifications Established March 1995 Corporation- S Company Introduction & Organization 1. Organizational Chart Gene Norman,President/Quality Control Gary Arnold, Estimator/Construction Manager/Safety Coordinator Wesley Norman, Concrete Site Superintendent Joseph Norman, Earthwork/Utility Site Superintendent Lisa Norman,Administrative Operations Manager Megan Norman, HR Administrator 2. Services • Earthwork • Sanitary Sewer/Storm Sewer/Domestic Water • Site Concrete/Paving/Foundations/Retaining Walls/Drainage Structures • Asphalt 3. Company Information • Company Name: Norman Construction Services LLC • Address:PO Box.223 Wellbom, TX 77881 • El N:27-0337638 4. Contacts for Quotations I Contracts • Gene Norman,President,PO Box 223 Wellborn,TX 77881, Cell: 979.739.9392, gene@normancoristructionservices.com • Gary Arnold, Estimator/Project Manager, PO Box 223 Wellbom,TX 77881, Cell: 979.436.2716, gary@normanconstructionservices.com I } } 5. Proof of Insurance Example.: 1 CERTIFICATE OF LIABILITY INSURANCE I NORMCON-01 CTREJO A`CARE, CE • RTIFICATEOF LIABILITY INSURANCE DATE )1211212023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS- CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER'S),AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER_ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement's). TACT Carina Barnes_ PRODUCER _ _ Dcater8 Company of Central Texas,Inc. arNum e. 479 7644444 rAs 4030 Highway B S.Ste.310 ( nI } tA/c,No}'1979J T64-7603 College Station.TX 77846 TDmSS:ctreJo@dextercompany.com I 175vEicsi AFFORDING COVERAGE t/AICd _ . .__....._.. _ INsuREnA:The Cincinnati Insurance Company 10E77_ ENSURED INSURER a:The Cincinnati Casualty Company 28666 Norman Construction Servhxs,LLC IN5JR-EI c+. PO Box 223 'usurp o: Wellborn,TX 77881 Ir INSUREREc T_ INwnEN F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THUS IS ID CERTIFY'THAT THE PCLICIES OF INSURANCE LISTED BELOL•I HAVE BEEN ISSUED TO THE INSURED NAMED ADOVE'F.ORTNE PCUCY PERIOD INDICATED. NOTWITHSTANDING ANY REOU?REMENT,TERA1 OR CCEDfTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE.ISSUED GR MAY PERTAIN.THE INSURANCE AFFORDED BY TtlE'POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UNITS Sly ICJ WY HAVE BEEN REDUCED BY PAID CLAIMS. R:Sn i :DIED suBA! l POLICY ETF POULY EXP. LTR TYPE OF UISORAHCE IIN5 ILY.YD' f41JCYNN,IefR ii PORT0DeFf n �1AVCn Inn ur.sTS 1,000,000 i�!cousRciiriGENERAL UAsUTY ) ) 'FACAC:CORF:NCE S_ j 'CLAITJS6dCE E Xl CCCIM I •;‘EPP06377TI RAVAGE ;TD' s E s 100,000 r. -. - • . +1 - .UtD EX,.(Ain cAro.Y;wn FR ennt r.ACV uLluR, s 5,000 1,000,000 GEr{LAGt.:REF J£LIWIT A?PLES PEH i LELERr,LACREGhtg.--5 -,--_ 2'DDD'OOD F'CJCT Fux:T LC: • I .PRCOJCT$-COMPASP ACC, F. 2,D00.000 CITTIJ2 I. S A AUTOGfenILE UAGY.ITY I I -.COLININED SINGLE LIME 1,0E0,000 J ,r)yauto . tEBA0637771 121812023 121912024 ;BrLILfItiJUHT We(y.T5al1). F. arauEa sL:N-DULca AL1T65 ONLY X AUTOS I ' I IRC�CILYINJIat V(.oc ar..-k;UAQ S HIFfG H.hrl l'Yd7'�1 I 'OHOPER I r C+SMAC;E X AJ•.IS Wily .X AU(QS(:tri. ,i(Po1 Axraen1) . E. ...�_ I I I ' s A X, utiGRELLAL'AB I X 1 occuS 1 I EncT(cccuilR[q_r_._• 1,ODD,000 Excess LIMB 1-' 1 CLAIMS MADE+ EPP0637771 • ! 12h9/2021 ' 12/912024 n1;cslF;.,r- s 1,000,0'00 1 DUD 1 REaV'RCN S I i j + S B {K9r2kFR5COU LUSATIOrI i -X, A;:ITF ER -. nwoa+rwvERSLusaln' v/N :EWCO546862 31U12023 ' 31812024 1,000,000 I/MY PRDPRiEtORB+RTTSTKYrLT+.E ,EL EACH ACCIDENT S fCFFICr_Ie...N..riRl IC.t157eGT N •N)A tmadmurrmu.: -- a { El Otsctse.=ACu?.orE S 1,000,D00 II Yes.ai5erba;Mitt • r •MESCRlangr1or:or4411.T,-mitww, s ! Et a;sas_-YnICYLIn1T 1,11UD,QOD • • DESCRIPTION Or OPERATIONS/LOCATIONS/VEHICLES(ACORD101.AddIIen31Remalks Scher deb.may Sr attached Rmpre space Is metered) The General Liability and Business Auto policy Include a blanket automatic additional Insured endorsementthet provides additional insured status to the certificate holder only when there Is a written contract between the named Insured and the certificate Holder that requires such status.Waiver of Subrogation provided only when there Is a written contract between the nomad insured and the certificate holder that requires such status. The General Liability policy contains a Broadening Endorsement with"Primary and Non-Contributory"wording. The Workers Compensation policy includes Blanket Waiver of Subrogation only when there Is a written contract between the named Insured and the nertitlaate holder that requires such status. CERTIFICATE HOLDER CANCELLATION ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bryan THE WITH THE POLLIICYY THEREOF. WILL BE DELIVERED IN PO Box 1000 Bryan,TX 77802 • AUTHCRIZED REPRESENTATIVE `-7" ACORD 25(2018103' Cu 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and.Ioeo era registered marks of ACORD • • { Qualifications of the Project Managers/Job Superintendents.who Will be Directly Responsible for the Management and Delivery of the Proposed Work. Resumes attached, see next page. • Gene Norman PO Box 223 Wellborn,TX 77881 979-739-9392 genetainormanconstructionservices.corn Construction Superintendent/Owner with 26 years In the construction field to include 24 years of experience serving in a construction management capacity Skills Summary • 26 years of experience working in the commercial construction field • 24 years of experience serving in a construction management capacity(Underground and Concrete Superintendent) • Possess a background owning and operating a large successful general contracting company with 30 +employees for 26 years(projects ranged in value from$250K to$5M) • Experienced in overseeing various large commercial and capital improvement projects ranging from high rise building,parking garages,public schools,municipal building,public streets,drainage improvements,underground utilities etc. • Highly skilled in hiring,scheduling and supervising subcontractors • • Extensive experience in managing and reviewing budgets(including project and man-hour costs) • Skilled in developing and enforcing company policies,procedures and project safety regulations • Possess a background in submitting over 150 bids annually(60%successs rate) • Possess a verifiable track record of 100%Job completion on time while meeting strict timelines and budget requirements • • Experienced managing construction crews up to 50 employees while simultaneously managing subcontractors • Highly skilled in reading and interpreting construction blueprints and specifications • Bi-lingual(English and Spanish) • Proficient in MS Office,QuickBooks Pro,Internet,Email,Familiar with estimating software. Professional Experience Norman Construction Services,LLC.(College Station,TX) 1997-Present Managing Member A$10M a year public and private infrastructure company with 40+employees and numerous sub-contractors.Specializing in public and private utilities,earthwork,and paving. • Managed the overall operations of a large commercial concrete company(projects ranged from$75K -$10M) • Served In a Construction Project Manager capacity responsible for budget tracking,QA,completing projects within allocated budget,safety compliance,scheduling and coordinating construction materials and crews • Estimated project costs and complete"takeoffs"based on materials,labor,location,duration,special machinery requirements,taxes,insurance,overhead,and any other costs that may affect the project • Composed and submitted bid proposals for future projects(bid on over 100 projects annually to include securing 60%) • Developed,reviewed,and amended construction contracts • Completed(3)32-story high rise apartment buildings valued at$10M each(brought project In on time,within budget,and without any injury reports) • Detected numerous design problems with a 5-story parking garage to Include assisting engineers in rectifying the issues • Oversaw the construction of$1.7M bio-fuel processing plant to include working with engineers and general contractor to value engineer the project • Completed$850K Veteran's Park Memorial 2 weeks early despite 3 weeks of inclement weather • Completed$1.2M City of Palasota PH II Street Rehabilitation on time and within budget while navigating through a high traffic residential/school zone. Texcon General Contractor, inc.(College Station,TX) Jan'95—March`97 Superintendent of Concrete&Underground A$30M general contractor with 175 employees specialized in concrete and underground utility services • Coordinated and supervised work crews to complete the following work:commercial concrete structures,underground utilities and excavation • Responsible for project layout according to plans and specifications • Supervised commercial concrete and underground utility project from start to finish while adhering to a stricttlmeUne.Projects ranging In value from$100K-$800K • Hired,trained and terminated employees • Completed 98%of projects within the contractual-timeline • Oversaw the construction of$400K Bee Creek drainage channel(project was completed on time despite extensive delays due to rain and the extra time involved in diverting water from the creek bed) United State Marine Corps(Camps Pendleton,CA) 1992-1995 Aviation Hydraulic Maintenance&Repair Technician A 75 troop unit specializing In hydraulic maintenance and repair of the helicopter and F-16 aircrafts. • Served as Helicopter Systems Mechanic capacity responsible for completing necessary repairs and maintenance helicopter hydraulic systems • Coordinated maintenance schedule for a fleet of 50 aircrafts • Conducted parts inventory on a weekly basis and ordered mechanical parts when necessary • served as Squadron Leader while In boot camp • Completed MCT(Marine Combat Training)while serving as Squadron Leader Education and Training • Texas Gulf Coast Real Estate School,College Station,TX.Completed 2005 • U.S.Marine Corp Marine Combat Training,Camp Pendleton,CA.Completed 1992 • U.S.Marine Corp Aviation Hydraulic Training,Millington,TN.Completed 1992 Gary Arnold 7625 Planters Loop Bryan, TX 77808 979-4362716 gary@normanconstructionservices.com Construction Manager with 45 years of experience In the construction Industry Skills Summary • 45 years of experience in Construction Management, Project Management,Estimating • 45 years of experience in owning, operating, maintaining large fleet of construction equipment • 35 years of safety coordinator and instruction experience • 19 years of experience in floodplain management • 19 years of experience in stormwater management • 19 years of experience in FEMA Emergency Management • Manage crew of 70+employees • Project manage and inspect projects, up to$50MM. Professional Experience Norman Construction Services, LLC June 2021 -Present Lead Estimator t Project Manager A$10M a year public and private infrastructure company with 20+employees and numerous sub-contractors. Specializing in public and private utilities,earthwork and paving. • Manage public and private infrastructure projects,ranging from$250K-$2.5MM • Estimate and valueengineer projects ranging from$250K-$2.5MM • Coordinate and facilitate weekly safety meetings • Network and build new relationships with potential clients • Communicate with Engineers,Architects,and Surveyors. Brazos County Road and Bridge Sept 2003—June 2021 Operations Manager of Road&Bridge Municipality with 70+employees specializing in County road maintenance and infrastructure • Served the Brazos County in the following capacity-- o Floodplain Manager o Stormwater Manager o Capital Projects Manager o Safety Manger • o Budget Manager • • Managed 20 bridge replacements, program funded by Brazos County • Managed 10 bridge replacements,program funded by TX DOT • Managed up to$2OMM per year in road,rehabilitation projects Texcon General Contractors Jan 1989—Aug 2003 General Superintenndent,Project Manager,Estimator • Managed and estimated,the following project types— • a Commercial Construction • Site Civil • Public Utilities • Heavy Highway • Public Roads • Drainage • Education and Training • MSHA Training and Trainer Certified • • Competent Person Certification • Trench Excavation Certification • Certified Floodplain Manager • Stormwater Certified • MSHA 40 HR Emergency First Aid • Work Zone Safety Certification • Certified Defensive Flagger Instructor Wesley Norman 15610 Wood Brook Ln. College Station,IX 77845 979-739-2278 wes@normanconstructionsetvices.com Construction Superintendent with 16 years of experience in the construction Industry.Skills Summary • 15 years of experience working In the commercial construction field • 8 years of experience in construction management(Concrete Superintendent) • Experience overseeing traffic control high traffic zones • Possess a background in owning and operating a successful landscape/Irrigation company with 15+employees for 7 years(projects up to$65,000) • Experience in overseeing commercial projects ranging from civil concrete work,ADA sidewalks, foundations,storm sewer inlet boxes and earthwork. • Skilled In overseeing and enforcing company policies,procedures,and safety regulations • Highly skilled In scheduling and supervising several subcontractor crews at a time • Highly skilled in reading and interpreting blueprints and specifications • Bi-lingual(English and Spanish) Professional Experience Norman Construction Services,LLC June 2007—December 2017 Superintendent &April 2022—Present A$10M a year public.and private infrastructure company with do+employees and numerous sub-contractors.Specializing in public and private utilities,earthwork,and paving. • Manage all employees and subcontractors in the field to ensure work is done per plan design • Manage all schedules pertaining to work performed in the field • Communicate with Inspectors and Engineers regarding and scheduling and project management in the field • Manage materials for each project.Ordering,delivery,and job tracking • Maintain a clean and safe work environment on each project • Build and maintain relationships with Inspectors,Engineers,Suppliers,and Subcontractors Rise All-Scapes,LLC Managing Member March 2015—June 2022 A landscaping and Irrigation company that specialized in private installs and managed 12 commercial contracts for local HOA's. Projects included landscaping, lawn maintenance,irrigation I . audits and repairs to maintain properly functioning systems,concrete repairs and patio additions, fence building and repairs. • Managed several crews at multiple times and locations • Surveyed and inventoried all equipment monthly • Managed several material and rental accounts in Bryan/College Station • Estimated projects costs and composed"takeoffs"based on materials,labor,location, duration,machinery needs/requirements, insurance and overhead for ail projects completed. (Projects ranged from$1,500-$65,000) Education and Training • Associated Degree in Commercial Music from South Plains College,Levelland,TX.Completed Protects Completed • City of Bryan/Hudson Oaks Copperfield Drive Drainage Improvements -Earthwork,Concrete Street Paving,ADA Concrete Sidewalks,Junction/Inlet Boxes, Traffic Conrol -Paul Kochman,City of Bryan inspector(979)595-8718 • BTU Lake Bryan Sidewalk Ramp to Boat Dock -Dirt work,ADA Concrete Sidewalk, punch list when completed. -Inspector—Dennis Norris(979)255-7199 • City of Bryan Hole 18 -Dirt work prep,cased piers and abutments on both sides of the creek,setting bridge, punch list when completed. -Inspector—Paul Kochman(979)595-8718 • • Washington and 33rdstreet Drainage Improvements -Demo RCP and replace with Box Culverts,Inlet boxes and junction boxes,demo and replacement of street,traffic control. -Inspector—Paul Kochman(979)595-8718 • City of College Station Sidewalk improvements Texas Ave to Tarnow St and Sidewalk Improvements on Holleman Dr. -Demo and replacement of sidewalk and driveway approaches, backfill of all disturbed areas,traffic control. -Vox Construction • City of College Station Veterans Park Ph 1 -Concrete sidewalks and approaches,ADA ramps,curb and gutters. JaCody Construction • City of College Station Lick Creek -Concrete Pedestrian path and gateways for Keischnick General Contractors -Parking lot and foundation for JaCody Construction • City of College Station Wellborn Road Sidewalk Improvements -Demo and replacement of sidewalk and driveway approaches,backfill of all disturbed areas,traffic control. -Inspector—Jerry Jones(979)764-3570 Joseph T. Norman 1211 Mariners Cove College Station,TX 77845 979-422-4118 It@normanconstructionservices.com Construction Superintendent with 12 years of experience in the construction industry, Skills Summary • 12 years of experience working in the commercial construction field • 12 years of experience in construction management(Earthwork/Utility Superintendent) • Experience in overseeing private commercial&capital improvement projects • Experience in overseeing traffic control in densely populated areas • Skilled in overseeing and enforcing company policies, procedures,and safety regulations • Highly skilled in scheduling and supervising several subcontractor crews at a time • Highly skilled in reading and interpreting blueprints and specifications • Bi-lingual(English and Spanish) Professional Experience Norman Construction Services,LLC May 2012—Present Superintendent A$10M a year public and private infrastructure company with 40+employees and numerous sub- contractors,Specializing in public and private utilities,earthwork,and roadway construction. • Manage all employees and subcontractors in the field to ensure work is done per plan design • Manage all schedules pertaining to work performed in the field • Proficient in reading and understanding plans and specifications • Communicate with Inspectors and Engineers regarding and scheduling and project management in the field • Manage materials for each project.Ordering,delivery,and job tracking • Maintain a clean and safe work environment on each project • Build and maintain relationships with Inspectors,Engineers,Suppliers,and Subcontractors Norman Materials,LLC November 2019-Present Chief Operations Office A$2M a year aggregate sales business with 5+employees.Specializing in aggregate sales and trucking logistics. • Supervise daily operations of the material yard • Oversee all aspects of the trucking operation • Develop and implement strategies,procedures and business plans needed to enhance company growth • Perform employee reviews and develop corrective action plans if needed • Work with executive team to set company performance goals Protects Completed • City of Bryan Hole 18 o Dirt work prep,cased piers and abutments on both sides of the creek,setting bridge, traffic control,punch list when completed. o inspector—Paul Kochman(979)595-8718 • Washington and 33rdstreet Drainage Improvements o Demo RCP and replace with Box Culverts,Inlet boxes and junction boxes,demo and replacement of street,traffic control. o Inspector--Paul Kochman(979)595-8718 • Copperfield Drive Drainage o Demo and replace storm sewer,concrete paving,asphalt repair,and traffic control o Inspector—Paul Kochman (979)595-8718 • The Creek Place o Earthwork,level site,building pad,sewer,demo and replace sanitary sewer line. o Owner—Great Aggie Land LP—Ryan Soper(979)393-4886 • Palasota Dr. PH II Rehabilitation o Earthwork,sanitary/storm sewer,concrete fiatwork,detention pond,and traffic • control o Owner—City of Bryan,TX o Inspector—Kurk Fowler(979)209-5030 • Big Shots Aggieland o Earthwork,limestone delivered in place. o Owner—Villa Maria Partnership Experience of the Company based upon Previous Public Infrastructure Construction. See next page for project log. NOR MA N. Norman Construction Services, LLC. +r CO 0 t N� PO Box 223 Wellborn,TX 77881 Phone:(979)739-9392 - SERVIt;`ES .093 Work in Progress & Recent Work Completed , 1. Work in Progress as of 06/1012024 Project Contract Project Owner % Project Project Manager Amount Contacts and Complete Completion Superintendents r Number Date Commerce Project Manager Street Utility City of Bryan Gary Arnold Rehab $3M Eric Blackburn 35 Sept 2024 (979) 209-5030 Superintendent Wesley Norman Project Manager Hilco Metal $1.2M David Hildebrandt 2 Sept 2024 Gary Arnold (979)255-8790 • Superintendent • Joseph Norman • Cityof Bryan Project Manager Sulphur• rY Gary Arnold Springs Utility $3.2M James Hayes 15 Oct 2024 Rehab (979)209-5030 Superintendent Joseph Norman Project Manager City of Bryan— - City of Bryan Gary Arnold City Course $265,000 Sarah Green 5 June 2024 Bridge (979)209-5030 Superintendent Replacement Wesley Norman 2. Previously Completed Projects Project Municipality I Primary Project Type Date Client Contacts and Completed Number Midtown Park PH 3, Detention Pond/ Brianna Groves Capital January Sedimentation Pond City of Bryan (979)209-5030 Improvement 2024 Structures bgroves@bryantx.gav Project Carriage Hills Detention Eric Blackburn Capital April Pond City of Bryan (979)209-5030 Improvement 2024 eblaakbum@bryanbc.gov Project Valley View Sewer Line City of Ronnie Loper Public Dec Rehab College (979)764-3569 Infrastructure 2023 Station rioper@csbc.gov Project Palasota Dr PH II Pat Edward Capital January Rehabilitation City of Bryan (979)209-5030 Improvement 2023 pedwards@bryantx.gov Project Washington Ave&33`d Sam Vernon Capital January Street Drainage City of Bryan (979)209-5030 Improvement 2023 Improvements svemonubryanbe.gov Project Alan Munger Public Copperfield Drive City of Bryan (979)599-9870 Infrastructure July Drainage Improvements rmunger@walkerpa Project 2023 rtners.com • 3. Project Scope Descriptions—Completed Projects A. Midtown Park PH 3E—Detention Pond I Sedimentation Pond Structures I. Scope • Construction of detention pond • Construction of sedimentation pond with concrete bottom and push wall • Construction of 10'x 900'concrete headwall with spread footings • Construction of 4'x 600'concrete headwall with spread footings • Removal&replace 48"&15"HDPE Storm Sewer • Removal&replace 12°SDR 26 PVC sanitary sewer • Installation of 125 steel sedimentation pond outlet pipe • Installation of 6'chain link fencing with gates • SWPPP&Erosion Control il. Challenges • During this project a major water main broke along the side street which flooded our project.We assessed the situation and communicated the issue with the owner.Immediate action was taken to pump water away from our excavation site in order to minimize and work days lost. 8. Palasota Dr. PH II Street Rehabilitation I. Scope • Traffic control and project phasing,In high traffic/school zone • Construction of 1700 LF 3 lane concrete roadway • Construction of 6'and 12'sidewalks along edge of roadway • Construction of 1715 LF 8"sanitary sewer and 11 manholes • Construction of storm water culvert and inlets for roadway • Excavation and offsite disposal of detention basin expansion • All other appurtenances necessary to complete the project II. Challenges • During this project we Identified a utility conflict not shown on the plans.We assessed the situation and communicated the issue and proposed recommendation to the owner.Upon approval,we processed a change order and adjusted the construction to deconfiict the alignment. C. Washington Ave&33"'Street Drainage and Roadway Improvements I. Scope • Demolition,erosion control,and storm water pollution prevention. • Traffic Control In densely populated zone. • Removal and disposal of 592 SY of asphalt pavement. • Removal and disposal of 748 SY concrete pavement. • Removal and disposal of 389 LF of storm sewer(12", 18",and 241 including structures. • Construction of 449 LF of storm sewer,including ail structures. • Construction of 298 iF of sanitary sewer,including all structures. • Construction of 676 SY of 6"concrete pavement, including curb and gutter. II. Challenges • During this project,we encountered multiple underground gas,water,and electric lines which intersected with the planned underground utility construction.We assessed the situation and communicated the issue and proposed recommendation to the owner.Upon approval,we processed a change order and adjusted the construction to deconilict the alignment. D. Copperfield Drive Drainage Improvement I. Scope • Demolition, erosion control,and SWPPP • Traffic control in densely populated zone off of University Dr,adjacent to Physicians Center Hospital • Furnish and install 1191 SY block sod and 4"top soil • Removal and dispose of 772 SY asphalt pavement • Removal and dispose of 508 SY concrete paving • Removal and dispose of 883 LF concrete curb and gutter • Milling 1029 SY of HMAC asphalt pavement • Construction of 878 LF curb and gutter • Construction of 1287 SY asphalt stabilized base • Construction of 1178 LF 42: RCP(Class ill) • Construction of 9 Junction Boxes • interconnect 4 8°-1211 water lines to existing water lines II. Challenges • The project encountered numerous changes to boring paths, sanitary sewer alignments,stormwater boxes and junctions.On site conditions were markedly different than those established by existing plans and surveys.We assessed the situation and communicated the issue and proposed recommendation to the owner.Upon approval,we processed a change order and adjusted the construction to deconflict the alignment. E. Reliance Ridge Subdivision Development I. Scope • Construction of 8,950 CY Mass Grading Cut • Construction of 9,620 CY Mass Grading Fill • Construction of 326 LF 8°PVC Waterline—(DR-14,AWWA C900) —Non-Structural • Construction of 4,786 LF 6°PVC Waterline—(DR 14,AWWA C900)—Non- Structural • Construction of 6"PVC Waterline—(DR-14,AWINA C900)Structural with 14°Schedule 40 PVC casing at road crossings • Construction of 24 water services • Construction of 36 valves,reducers,connections and bends • Construction of 370 LF 18°—30°HP Storm w/structural backfill • Construction of 13,080 SY 6"Lime Stabilization . • Construction of 13,080 SY 2°Type D HMAC • Construction of 16,500 SY 6°Crushed limestone base—Type A Grade 1 IL Challenges • The project, based on the undisturbed nature of the site,was fortunate to not encounter any major challenges,resulting in zero change orders. 4. Project Manager and Superintendent Experience Gene Norman and GaryArnold have a combined 70 years of public infrastructure construction experience.As shown in their resumes they have worked on and overseen hundreds of projects individually and together. Based on current work schedule,you can be assured that this project will have their full time and attention. NOTE:See Project Manger and Superintendent Resumes Attached. 5. Construction Equipment Availability &Condition—Owned 2019—CAT 326FL Trackhoe 2020—John Deere 380G Trackhoe 2017—CAT 930M Wheel Loader 2018—CAT D4K2LGP Dozer 2020—CAT D2 Dozer 2018—CAT 304E2CR Hydraulic Excavator 2017—CAT 299D2 Compact Track Loader 2021—Case 84"Pad Foot Roller 2022—Case 84"Smooth Drum Roller 2019—CAT Motor Grader 2021—CAT 420F2ST Backhoe 2022—Bobcat T740—Skidsteer 2022—Bobcat T740—Skidsteer 2024—Bobcat T66—Skidsteer 2024—Bobcat E88—Mini Excavator 1994—International Water Truck 1980—Peterbilt Water Truck 1996—CAT 615 Scraper 1998—CAT 613C Scraper 2012—Mack Tractor WI 2022 Ranco End(Jump Trailer 2013—Mack Dump Truck(12YD) NOTE:In the event that we need additional equipment,we have good standing account status with many local equipment rental companies such as:Sunbelt Rentals,Sunstate Rentals,Houston Heavy Equipment,Mustang CAT Rentals,and ASCO. Norman Construction Services employ's a full-time mechanic, our equipment is in outstanding condition and receives maintenance on a regular basis. DWS DEVELOPMENT INC. PO BOX 4508' BRYAN, TX 77805 September 13,2023 Subject: Letter of Recommendation for Norman Construction To Whom It May Concern: I have known Gene Norman and Gary Arnold for over twenty years and have worked with them on multiple development projects, of which the most recent was less than a year ago. In all my dealings with them,they have proven to be quality oriented,very responsive,and if a problem arose, it was taken care of in a timely matter. With that said, I highly recommend Norman Construction Services. If I can answer any questions, please feel free to contact me. Sincerely, (061:49j&Wh2 David W. Scarmardo President • DWS Development Inc. 979-412-1386 1 GATTISENG1NEERINQ ENGINEERS*CONSULTANTS September 1,2023 • To Whom It May Concern, The purpose of this letter is to acknowledge and attest on behalf of Norman Construction Services(NCS)and the high quality of work that Gene Norman and his company provide. I consider it a blessing when I have a project and NCS,on the job. NCS is always professional, meets deadlines and always provides the highest duality of workmanship. As with any project,you have hurdles and NCS jumps in and helps solve the problem. I personally have worked with NCS on many projects in the B/CS area,but most recently the Heart of Texas Goodwill in Bryan. NCS's performance on this project was not only vital to completing a successful project but the quality of work was beyond reproach. Please feel free to contact me for any further information. Respectfully, .CATTIS ENGINEERING,LLC Joe I. Gattis,PE • Licensed Professional Engineer • G FIRM Y F-7698 • 20]0 Moses Creek Ct. • College Station,Texas 77845 • Tel.979.575,5022 • Fax 979.690.6888 aCady LP, ' 1077aSR30,Saito400 JrAcop Colima Statiaa,TX77845 `�CNSTRUC1I LPin 979 774S6I3 Fax:979.774.5693 October 8,2023 To Whom It May Concern: • Ws my pleasure to write this letter of recommendation on behalf of Norman Construction Services.As a managing rnemberofJaCody Constructir,I have worked with Gene Norman&Gary Amok!on a number of private and public Infrastructure projects in the City of Bryan,most recently Edgewater Park. Norman Construction Services has illustrated their attention to detail,quality and safety on a number of [ occasions.It Is their policy to strive for the highest quality and safety standards. Over the past 5 years I've worked side by side with Mr.Norman on projects involving public utilities,paving,and earthwork. I've been impressed by Mr.Norman's knowledge and quality ofworkmanship. Mr.Norman has been able to effectively meet project schedule requirements.He and his crew have been able to quickly adapt to schedule changes,in orderta keep the project moving forward.In addition,Norman Construction Services has been exceptionally accommodating when dealing with unforeseen conditions and potential change orders. Please contact me at{979)446 5512 if you have any questions or need additional Information. Sincerely, D. l' Forrest Couch 9aCody Construction • 4Engineering& J lEnvironmental.LLe September 5,2023 • To Whom It May Concern: Please accept this letter of recommendation of Norman Construction Services(NCS)for public and private infrastructure projects in the City of Bryan.I have personally been involved in various capacities with the principals.of NCS for over 30 years and have been impressed with their knowledge and quality of work,as well as professionalism.NCS has been approved by the City of Bryan for public infrastructure projects as evident by participation in the City of Bryan Contractor Registration Program. As the owner of the consulting firm,JBS Engineering&Environmental,LLC(JBS),I have previously worked with and overseen NCS in their capacity as the general contractor on several commercial and development projects.NCS has shown a high level of technical expertise,communication and project oversight for projects dealing with public utilities,general earthwork,,and paving projects.The members • of NCS have always been efficient communicators and accommodating through various project aspects. JBS is currently providing construction management services of the Reliance Ridge Subdivision of which NCS is the prime contractor.Conversations with the developer indicate the project is ahead on schedule and on budget.Information provided by the Brazos County inspector indicate that NCS,have provided excellent communication and arc executing proper means and methods for the ongoing construction activities. Please contact me at(979)485-2879 if you have any uestions.or require additional information regarding q this matter. • Respectfully submitted, 160Z e_dagov,,,.. { W.R. Cullen,P.E. Senior Engineer TOPE Registration No.-F15869 • • • • • 2129 East William J.Bryan Parkway,Bryan;Texas 7780.E Phone (979)485-2879 Website:ww*.jbs-bcs.com Letter of Bondibility & EMR Rating See attached,below. • ' S 4*, p ,A E U _R E T"Y G R 0 -U P WWW.altersurety.com June 10,2024 RE: Norman Construction Services, LLC This is to advise you that our office provides Bid,Performance,and Payment Bonds for Norman Construction Services,LLC. Their surety is Liberty Mutual Insurance Company,which carries an AM.Best Rating of A XV and is listed in the Department of the Treasury's Federal Listing. Based upon normal and standard underwriting criteria at the time of the request,we anticipate providing Performance and Payment Bonds for single-sized jobs in the $10,000,000 range and$30,000,000 in the aggregate. These amounts should not be construed as a limit but rather a guide to handle their day-to-day needs. We obviously • reserve the right to review all contractual documents,bond forms, and obtain satisfactory evidence of funding prior to final commitment to issue any bonds. Norman Construction Services, LLC.,is an excellent contractor and we hold them in high regard. Obviously,we feel extremely confident in our contractor and encourage you to offer them an opportunity to execute the captioned project This letter is not an assumption of liability. It is issued only as a bonding reference requested by our respected client. If you should have any questions,please do not hesitate to give me a call. Sincerely, Liberty Mutual Insurance Company Davi .Satiric Attomey-In-Fact 5979 N.W. 151 st Street • Suite 202 ® Miami Lakes, FL 33014 Phone: 305-517-3803 • Fax: 305-328-4838 . - -- - 1 I 1 NEC Mod Factors NORMAN CONSTRUCTION SERVICES LLC Riskin 421842140 Rating ER Date 03/08/2024 mad Favor 0.84 Production Date 10/24/2023 Status Final ARAP FLARAP SARAP MAARAP • *ego ai6aator.megmrammed.7Napeadmlatanpdudorsompt47b:girkNamanntilhMitethtpmotor/gred witatka'way rift Masud Contemn Ceapeuttae kwarcuaake.LTICCII tio Wane,d mm.amtoa2sdtsaaamQaQaImmmarbarduct ntuderabrza mabenide IOW fmmlorxmannumeoaaNCOLms �,�. t6.EmdthaVla betseallitirValydditeae„l fr malasnappitsit Jonsa�tranGosrls�Ibidnldnaea �i ems• ee4.�e` a� ela4reVi!Aissies y eV a� "� `�sw t1 eatliiii chid ;anasiar1®6cda TR4011.13nnesa. edidhLeaaa*reNeest cerratlusa almykiressrancrPtdogrongsbadhersztmNinapoafhIIdWhormelenllomiisaldrrsAadaNadadPalaed themaaten paint nate sad mantled llCCldutlnailsmaeryMaw&flak Page i.of1 1 -— -- / r . • • Document A310 TM — 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: ¢''ante,legit!stales and address) (Namre,legal sitrtrrcand principal place Waxiness) Norman Construction Services,LLC Liberty Mutual Insurance Company PO Box 223 175 Berkeley Street Wellborn,TX 77881 Boston,MA 02116 This document has Important legal consequences.Consultation with an attorney is encouraged with respect to Its completion or OWNER: modification. (Name,legal stains-and address) Any singular reference to Brazos County,Texas Contractor,Surety,Owner or . 200 South Texas Avenue,Suite 352 other wpahere ap be considered plural where applicable. Bryan,TX 77803 • . BOND AMOUNT: $ Five Percent of Total Amount Bid(5%of Total Amount Bid) PROJECT: . {Nana;,locationoraddress andl%jectnumbe,(Any) RFP No.,CiP 24-619-Tax Office&AgriLife Site Drainage Improvements,Brazos County,Texas The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves.their heirs,executors,administrators,succossors•and assigns,jointly and severally,as provided herein.The conditions of this • blond arc such that if the Owner-accepts the bid of the Contractor within the time specified in the bid documents,or within stroll time period as maybe agreed to by the Orriter and Contractor,and the Contractor either(1)enters into a contract•with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and materiel:furnished in the prosecution thereat or(2)pays to the Owner the difference not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good contract'with another • . party to perform the work eoveredby said bid,then this obligation shall be null and void,otherwise to.remain in full three and effect.The Surety hereby waives any notice ol'an agreement between the Owner and Contractor to extend the dine in which the Owner may accept the • bid;Waiver ol'notice by the Surety shalt notupply to any extension exceeding sixty(60)days in the aggregate beyond tire time tiro acceptance ol'bids sped lied in the bid documents,and the Owner and Contmctor shall obtain the Surety's consent Ibr an extension beyond sixty(.60)days If this-Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the terns Owner shall be deemed to be Contractor. When this Bond has been tiirnished to comply with a stamory or other legal requirement in the location ol'the Project,any prevision in this-Bond conflicting with said statutory or Legal requirement shall be deemed deleted herefront and provisions conforming to such statutory.or other legal requirement shall be deemed incorporated herein,When so furnished,the intent is that this Band shall be construed as a statutory bond mid not as a common law bond. Signed and sealed this 22nd . day of May,2024 • Norman Construction Services,LLC .,A<-,,,, ---........___ . (Principal) (Seal) Witness) n ��M VWNC[� `rr : (rule) - _ J ' - '. 9 .. 7 Liberty Mutual Insurance Company (Surd}) I (Serif) (tI'it►recc) Patricia K. Iton • 1.; _ • Milo)David T.Saline 'my-in-Fact • ' - . S•00541AS 8ff D • '•• __; This Power of Attorney limits the acts of those named herein,and they have no authority to .;. bind the Company except in the manner and to the extent herein stated. - 'Iibe Liberty Mutual Insurance Company ' . The Ohio Casualty Insurance Company Certificate No: 8205217-984816 olio, Mutual® West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the°Companies°),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, David T. Satine;Jonathan A.Bursevich;Warren M.Alter all of the city of Miami Lakes state of FL each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of April , 2021 . Liberty Mutual Insurance Company ttSU- ' ' ZV tws0' d 1NSII The Ohio Casualty Insurance Company .1�v.ow'oRrr�.- ( cg5P0R4r'fp e,�'oo9v0k,' West American Insurance Company .§ o.tn � Fn m W. o n+ 1912_ 19.91 �- o 0 19�9 '� d• o ui E r 3• y 0 o y, e r C , 8h .ta'.. ',-4 : ;0 444* 0By .5 ei m David M.Carey,Assistant Secretary c w pi State of PENNSYLVANIA re.)rn County of MONTGOMERY ss m-m On this 7th day of April , 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ck0i ar o m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes E:n a)> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >@ o N IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my nod seal at King of Prussia,Pennsylvania,on the day and year first above written. M o N C n !�;Pennsyfvaruxs:tbtarysealO TamsaPseOs, Pubdo- 0'N INola y NpY f MycommagmalirplresMaich282025 By ,e mC e111 a faslain6%501128044•kur Maya`Pam rarma�wasrtv,ottiorBcr� eresa Pastella,Notary Public Q o`Naa) o� :: This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Uberty Mutual a M c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: CV ARTICLE IV—OFFICERS:Section 12.Power of Attorney. o m o'o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the vr, • - . President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety ,T,-- To. a) any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall o 8. o{= have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such�o y Z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the re) ID provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. Li.n ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. • Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver es.surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the . Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. . I,Renee C.Uewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and .. has not been revoked. — - - • IN TESTIMONY WHEREOF.;I have hereunto set my band and affixed the seals of said Companies this 22nd day of May , 2024 • ibMil AI 1Nst, _d 1NSU `` • expor4 fi aWalkr.t• `tit.oVoRq 4`. • • 0 a Fo to � l` C _ .a 1912: a c; 1979 c g 1991' c .;�° By ` Y ,�.saWs..A rs.s., •��),, •' ;rs koimii',b• Renee C.Llewellyn,Assistant Secretary . LMS-12873 LMIC OCIC WAIC Multi Co 02121-- -. • IMPORTANT NOTICE AVISO IMPORTANCE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call the Surety's toll free telephone number Usted puede llamar al numero de telefono gratis de for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 1-800-782-1546 You may also write to the Surety at: Usted tambien puede escribir a!Surety: P.O.Box 19725 P.O.Box 19725 Irvine,CA 92623-9725 Irvine,CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener informacion acerca de compa- coverage,rights or complaints at: nias,coberturas,derechos o quejas al: 1-800-252-3439 • 1-800-252-3439 You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de Texas: P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 web:http://www.tdi.state.tx.us web:http://www.tdi.state.tx.us E-mail:ConsumerProtection@tdi.state.tx.us E-mail:ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS 0 RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the reclamo,debe comunicarse con el Surety primero.Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comuni- Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA:Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condition del documento adjunto. rP Liberty Mutualm • SURETY' Liberty Mutual Surety 17771 Cowan,Suite 100•Irvine,California 92614•(949)263-3300 www.libertymutualsurety.com ID=1404(TX)(Rev.5/19) • BID SCHEDULE Brazos County Tax Office AgriLife Site Drainage Improvements Item Description QTY Unit Unit Price Total A:General Items YT: Mobilization,setup,&project overhead for duration of project,including related items and appurtenances,complete in place 1 LS $ 1 44,250.00 $ 44,250.00 • Field locate existing utilities and service lines for construction of the proposed 2 Improvements,including tie-in elevations,related items and appurtenances, 1 LS $ 7,500.00 $ 7,500.00 complete in place 3 Site Cleanup,4"topsoil,fine grading of areas disturbed by construction,including 1 LS $ 11 000.00 $ 11,000.00 related items and appurtenances,complete in place 4 Hyrdomuich seed ail disturbed areas,including soil preparation,related items and 10,855 SF $ $ appurtenances,complete in place 0.25 2,713.75 5 Solid Sod(Bermuda),including soil preparation,related items and appurtenances, 383 SF $ 5.00 $ 1,915.00 complete in place 6SWPPP for 0.5 acre project,including phasing,silt fencing,inlet protection,NOI, 1 LS $ 10 250.00 NOT,related items and appurtenances,complete in place 10,250.00 Total Section A.General Items $ 77,628.75 B.Demolition Iterlris < . , Remove&dispose of existing gravel,Including related items and appurtenances, 300 SY $ 21.00 $ 6,300.00 complete in place 2 Remove&dispose of existing concrete sidewalk,including sawcuts,related items 702 SY $ $ 25,272.00 and appurtenances,complete in place 36.00 Remove&dispose of existing concrete pavement,including curb,sawcuts,related 3 items and appurtenances,complete in place 35 SY $ 40,00 $ 1,400.00 Remove&dispose of existing landscape wall(157 LF),including related items and 4 appurtenances,complete in place 1 LS $ 18,840.00 $ 18,840.00 5 Remove&dispose of existing grate inlet,including compacted structural backfill, 1 EA $ 5 200.00 $ related items and appurtenances,complete in place , 5,200.00 Remove&dispose of existing 12"storm sewer line,including plugging line to remain, 6related items and appurtenances,complete in place 17 LF $ 57.00 $ 969.00 Remove existing concrete wheelstops and deliver to Brazos County,including 7 removing bolts,related items&appurtenances,complete in place EA44 $ 200.00 $ 8,800.00 Remove&dispose of existing irrigation system between Tax Office and AgriLife 8 buildings,including disconnects,caps,adjusting remaining irrigation zones,related 1 LS $ 7,650.00 $ 7,650.00 items and appurtenances,complete in place Remove and dispose of exisitng landscaping in exisitng planter bed of landscape 9 wall/bench at Agrilife Building including related items and appurtenances for 1 LS $ 14,600.00 $ 14,600.00 installation of landscape blocks and cap of wall,complete in place. Addendum No. 02 BID SCHEDULE PAGE 1 OF 4 6/4/2024 BID SCHEDULE Brazos County Tax Office AgriLife Site Drainage Improvements Item Description QTY Unit Unit Price Total Remove&relocate existing tree,including carefully removing tree to avoid damaging 10 existing utilities to remain,protecting roots during relocation,re-planting&irrigation 9 EA $ 850.00 .$ 7,650.00 of tree,related items&appurtenances,complete in place 11 Remove&dispose of existing tree,including root ball,backfill,compaction,related 16 EA $ $ 9,600.00 items and appurtenances,complete in place 600.00 12 Remove&dispose of existing landscape material&soil from raised bed,including 141 SY $ 19.00 $ 2,679.00 offsite disposal,,related items and appurtenances,complete in place 13 Remove&reset existing bollard with handicap sign,including disposal of existing 7 EA $ $ 9,800.00 footing,new footing,related items and,appurtenances,complete in place I,400•00 14 Remove&reset existing bollard,including disposal of existing footing,new footing, 3 EA $ 1,400.00 $ 4,200.00 related items and appurtenances,complete in place 15 Remove&reset existing flag pole and light,including disposal of existing footing, 2 EA $ $ 9,600.00 new footing,electrical for lights,related items and appurtenances,complete in place 4,800�00 Remove&reset existing canopy at Tax Office door to ensure drainage away from 16 building,including related items and appurtenances,complete in place 1 LS $ 12,200.00 $ 12,200.00 Adjust existing grate inlet top to final grade,including frame,related items& 17 2 EA $ 3,500.00 $ 7,000.00 appurtenances,complete in place 18 Adjust existing manhole top to final grade,including cone,lid,ring,related items and appurtenances,complete in place 1 EA $ 4,200.00 $ 4,200.00 19 Adjust existing electrical box to final grade,including additional electrical conduit with 1 EA $ 7,200.00 $ 7,200.00 wiring,related items and appurtenances,complete in place • 20 Adjust existing light to final grade,including additional electrical conduit with wiring, 5 EA $ 3,700.00 $ 18,500.00 related items and appurtenances,complete in place 21 Adjust existing electrical vault to final grade,including related items and 2 EA $ 6,100.00 12,200.00 appurtenances,complete In place 22 Adjust existing sanitary sewer cleanout to final grade,including box with lid,related 1 EA $ 1,100.00 $ 1,100.00 items and appurtenances,complete in place 23 Adjust existing water test station to final grade,including related items and 1 EA $ 1,750.00 $ 1,750.00 appurtenances,complete in place Total Section B. Demolition Items $ 196,710.00 .F,' ,r_}:v1 M .� Mil ..4 € r {y �.. ,t+ r �, �$• C.Bite and Utility items f z 1 4"Concrete sidewalk,including ADA ramps,steps,related items and appurtenances, 1,288 SY $ $ 72,128.00 complete in place 56.00 2 :;a :nt5slope paving,including related items and appurtenances,complete in $ 58,00 $ 3,828.00 Addendum No. 02 BID SCHEDULE PAGE 2 OF 4 6/4/2024 BID SCHEDULE Brazos County Tax Office AgriLife Site Drainage Improvements Item Description QTY Unit Unit Price. Total 3 Concrete pavement repair,including related items and appurtenances,complete in 92 SY $ 62 $ 5,704.00 place .00 4 6°Monolithic curb,including related items and appurtenances,complete in place 144 LF $ 8.00 $ 1,152.00 5 6"Dowel on curb,including related items and appurtenances,complete In place 246 LF $ 10.00 $ 2,460.00 Install landscape blocks for filling and sealing of cavity left from landscape removal 6 from existing wall/bench at Agrilife Building(block/cap to match existing wall/bench) 1 LS $ 16,200.00 $ 16,200.00 including related items and appurtenances,complete in place. 7 Excess cut material to be removed from site,including disposal,related items and 60 CY $ 30.00 $ 1,800.00 appurtenances,complete In place Remove/replace existing 2.5"PVC water service line W/2.5"type K copper service 8 line from parking lot to building,including disposal of existing service line,female 170 LF $ . 90.00 $ 15,300.00 adapters,structural backfill,related items and appurtenances,complete In place 9 3'x3'cast-in-place grate inlet,including top,ring,lid,grouting of bottom,related items 2 EA $ 4,300.00 $ 8,600.00 and appurtenances,complete in place 10 3"SCH 40 PVC storm sewer,including structural backfill,related items and 175 LF $ $ 3,675.00 appurtenances,complete in place 21.00 18"N-12 HDPE storm sewer,including non-structural backfill,related items and 11 appurtenances,complete in place 317 LF $ 68.00 $ 21,556.00 Connect proposed 3"PVC storm sewer to existing grate inlet box,including coring 12 existing box,grouting wall penetration,related items and appurtenances,complete in 1 EA $ 1,525.00 $ 1,525.00 place Connect proposed 18"HDPE storm sewer to existing grate inlet box,including coring 13 existing box,grouting wall penetration,related items and appurtenances,complete in 2 EA $ 2,100.00 $ 4,200.00 place 14 6"wide NDS Dura Slope Trench.Drain system(44 LF),including grate,couplings, 44 LF $ 76.00 $ 3,344.00 concrete encasement,related items and appurtenances,complete in place 15 NDS EZ-Flow French Drain system,7"x10'with 3"perforated pipe,including backfill, 320 LF $ 41.00 $ 13,120.00 related items and appurtenances,complete in place Install cleanout at end of french drain/3"storm sewer,including fittings,backfill,box 16 with lid,related items and appurtenances,complete in place 8 EA $ 175.00 $ 1,400.00 17 Connect existing downspout to existing downspout lead,including fittings,related 16 EA $ 1,100.00 $ 17,600.00 items and appurtenances,complete in place Canopy additions with columns,footings,top,connection to existing canopy and 18 connection to existing building including related items and appurtenances,complete 1 LS $ 92,274.00 $ 92,274.00 in place. Total Section C.Site and Utility Items $ 285,866.00 Addendum No. 02 BID SCHEDULE PAGE 3 OF 4 6/4/2024 BID SCHEDULE Brazos County Tax Office AgriLife Site Drainage Improvements Item Description QTY Unit Unit Price Total D`Irrigation Disconnect and cap existing irrigation lines(all sizes)including related items and 1 appurtenances,complete in place. 3 EA $ 750.00 $ 2,250.00 Remove and dispose of existing irrigation system as noted on reconstruction plans 2 and coordinate with County personnel including related items and appurtenances, 1 LS $ 4,000.00 $ 4,000.00 complete in place. 3 4"schedule 40 PVC irrigation sleeve with structural backfill including related items 35 LF $ 30.00 $ 1,050.00 and appurtenances,complete in place. 4 4"schedule 40 PVC irrigation sleeve installed by bore including related items and 77 LF $ $ 4,620.00 appurtenances,complete in place.• 60.00 5 2"schedule 40 PVC irrigation line with tracer wire including related items and appurtenances,complete in place. 383 LF $ 32.00 $ 12,256.00 Interconnect proposed 2"irrigation main to existing irrigation system(all sizes) 6 including related items and appurtenances,complete In place. 4 $ 750.00 $ 3,000.00 7 Irrigation allowance for design,permit,and installation for irrigation to relocated and 1 LS $10000 00 $10,000.00 new trees,including related items and appurtenances,complete in place. Total Section D.Irrigation 37,176.00 TOTAL SECTIONS A-D 597,,380 75' CONTENGENCIES $ 75,000.00 TOTAL BASE BID` .. .•. • $ ,.sR _ 672 .380.75' Alternate Bid#1-< . Items to be added to Alternate Bid#1 2-3/8"(60mm)Holland Stone"Parkway Series"concrete pavers with color Rustic 19 Blend installed in Herringbone pattern,including related Items and appurtenances, 1,312 SF $ 15.00 $ 19,680.00 complete in place 2-3/8"(60mm)Holland Stone"Parkway Series"concrete pavers with color Rustic 20 Blend installed in Runner Bond pattern,including related items and appurtenances, 798 SF $ 15.00 $ 11,970.00 complete in place 21 Excess cut material to be removed from site,including disposal,related items and 22 CV $ $ 660.00 appurtenances,complete in place 30.00 .r f= .+Y. �i .� f -k . �,.rd1.. • Total Alterna te Bid#1 ' g }•tip 25310 00 • TOTAL BID(BASE BID+Alternate Bid#1) •• :$ 70 4 690:75.- Addendum No. 02 BID SCHEDULE PAGE 4 OF 4 6/4/2024 '' Brazos County (-- 0* * Purchasing Department .. . 200 S.TX.AVE.,STE 352 BRYAN,TX 77803 PHONE(979)361-4292 FAX(979)361-4293 Addendum #1 to CIP 24-619 Tax Office & AgriLife Site Drainage Improvements Issued: June 3,2024 Change: Pre-Proposal Questions and Pre-Proposal Sign In Sheet Reason: Information • Pre-Proposal Sign In Sheet attached on bidding website. Pre-Proposal Meeting Minutes: 1. Will a changeable message board be required? a. No 2. Will joints be allowed for the copper water service? a. Yes b. The service to the tax office is 88 LF,and the service to the AgriLife building is 74 LF (162 LF total) 3. Will permits be required by the city? a. No permit required per email communications with the city. 4. Will the 4"irrigation conduit bores avoid the existing fiber lines? a. Some of these bores will cross the existing fiber lines, sanitary sewer service,and storm sewer line. b. The crossings appear to be in grassed areas.However,the exact location is unknown until field investigations have been completed by the contractor. The contractor will need to accurately locate the existing utilities prior to boring the conduits. 5. Will a licensed plumber be required for the installation of the new water service? a. Yes b. Utility Note#7 on sheet C1.0 notes "A licensed plumber is required for all work related to water and sanitary sewer that is on private property". 6. Will a licensed electrician be required for the electrical work? a. Yes. b. This is not noted on the plans but will be required. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of endum. Signature: � i Printed Name: Terre Alwieran t .: .° Brazos County •. G Y: . ,. PurchasingDepartment 200 S.TX.AVE.,STE 352 BRYAN,TX 77803 PHONE(979)361-4292 FAX(979)361-4293 Addendum #2 to CIP 24-619 Tax Office & AgriLife Site Drainage Improvements Issued: June 5,2024 Change: Updated Bid Form Reason: Incorrect bid items Please see the updated Bid Form attached titled,Exhibit B -Bid Form-ADDENDUM#2. This is to correct the item for existing columns to reflect the construction plans. Acknowledgement of dendurn: Signature: , d2mc - Printed Name: ,4 i c /1/r7.^ -1/fry CHANGE ORDER#1 Date of Issuance: 10/23/2024 - Owner: Brazos County Owner's Contract No.: CIP#24-619 Contractor: Norman Construction Engineer's Project No.: 619016 Project: Tax Office&AgriLife Site Drainage Imp The Contract is modified as follows upon execution of this Change Order: Description:Updated to include Section E:Structural Foundation :Bid Item No.: .:Description _ _ Quantity Bid Unit Bid Price Total , 6"wide NDS Dura Slope Trench Drain system(44 C-13 LF),including grate,couplings,concrete 115 LF $76.00 $8,740.00 encasement,related items and appurtenances, complete in place. E-1 Exterior beams,including related items and 321.5 LF $17.60 $5,658.40 appurtances,complete in place E 2 Interior beams,including related items and 115.5 LF $17.60 $2,032.80 appurtenances,complete in place E-3 161 pier with 36°bell,including related items and 20 EA $3,150.00 $63,000.00 appurtances,complete in place E-4 Excavation and haul off,including related items and 735 CY $30.00 $22,050.00 appurtances,complete in place E-5 Select fill(imported and compacted),including 282 CY $30.00 $8,460.00 related items and appurtances,complete in place E-6 Handrails,including related Hems and appurtances, 366 LF $75.00 $27,450.00 complete in place E-7 8"paving(4"added to existing 4"),including related 271 SY $56.00 $15,176.00 items and appurtances,complete in place Change-Order Total Increase . ' .. . $152,567.20 • ' ' CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT ITEMS FOR OLD RELIANCE Original Contract Price: Original Contract Times: days 60 $672,380.75 Substantial Completion: Ready for Final Payment: Change from previously approved Change Order No.NIA to No.N/A: Change from previously approved Change Orders No.0 to No.0: $0.00, Substantial Completion:0 Ready for Final Payment:0 Contract Price prior to this Change Order: Contract Times prior to this Change Order:_days $672,380.75 Substantial Completion: Ready for Final Payment: Change of this Change Order: Increase of this Change Order: Additional Days: days 60 $152,567.20 Substantial Completion: Ready for Final Payment: Contractor Price incorporating this Change Order. • Contract Times with all approved Change Orders: $824,947.95 Substantial Completion: Ready for Final Payment: Sy: BY: /� Owner LAh . dSl nature) Contractor(Authorized Signature) Title: Co u or tif c J'a fit= Title: President Date: [0 aR I Ca0a - Date: 10/24/2024 10/24/2024 RECOMMENDED: c77Date: By: Title: Project Engineer �PT•E•OF ` 3.1 •.d+' �gbh YOFB BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: • CC2024 Highway 6 Bess Road and Bridge NUMBER: Subdivision Final Plat-Being a Replat of Lake Millican Estates Lot 17 DATE OF COURT MEETING: 10/29/2024 ITEM: Approval of the Finai Plat of Highway 6•BESS Subdivision,Lot 1,Block A;0.976 Acre;BBB &CRR Survey,Abstract No.84;Being a Replat of Lake Millican Estate,Lot 17;Brazos County,Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 10/23/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Toe Application-Lake Millican Lot 17_Replat- Application for Development Backup Material Highway 6_BESS Subd vivision.pdf Highway 6 BESS Subdivision_Fina[_Plat 10-plat Backup Material 23-2024.pdf APPR Duane Peters Date County Judge Docusign Envelope ID:3220E294-F4C9-4EDF-8A56-040323EF2ACF Brazos County Road &Bridge Office •`aS;�P•CE Op ;F .. 2617SH21 West _. a ,. Bryan, TX 77803 * 1 , / — ►, * Telephone: (979)822-2127 � + Fax: (979 775-0456 °6,y `, Pti°•` Email:platsCa�brazoscountvtx.gov PLAT APPLICATION SUBJECT PROPERTY INFORMATION APPLICATION DATE*: RESUBMITTAL: ❑ YES X NO PROJECT/SUBDIVISION NAME: Lake milli can Estates, Lot 17 Repl at PROJECT ADDRESS OR LOCATION: Lot 17, Lake Mi l l i can Estates LEGAL DESCRIPTION: LAKE MILLICAN ESTATES, LOT 17, ACRES 2.98 IF RESUBMITTAL,PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: Repl at from 1 lot into 2 TOTAL ACREAGE 2.98 Acres JURISDICTION: ❑ CITY LIMITS ❑ ETJ X 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 0 PRELIMINARY PLAN 0 FINAL PLAT 0 AMENDING PLAT g REPLAT APPLICATION PURPOSE El RESIDENTIAL 0 MANUFACTURED HOME 0 COMMERCIAL RENTAL COMMUNITY X OTHER(Please explain):Battery Energy Storage Project, typically industrial FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? 0 YES X 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? 0 YES X NO DIGITAL FILE SUBMISSION COUNTY ENGINEER M ADOBE(.pdf file) 0 AutoCAD(.dwg file) (Email To:plats@brazoscountytx.gov) 911 ADDRESSING X ADOBE(.pdf file) 0 AutoCAD(.dwg file) (Email To:gis@brazoscountytx.gov). ^^CONTACT INFORMATION Docusign Envelope ID:3220E294-F4C9-4EDF-8A56-040323EF2ACF APPLICANT INFORMATION FIRM NAME:Stella Energy Solutions CONTACT:Andrew Burke ADDRESS:9595 Six Pines Dr. Ste. 8210 CITY:The Woodlands STATE:Texas ZIP:77380 PHONE:361-542-6710 FAX: EMAIL:aburke@stellaess.com PROPERTY OWNER INFORMATION FIRM NAME: CONTACT: EUGENE B SAVAGE III ADDRESS: P.O. BOX 7 CITY: wellborn STATE:Texas ZIP: 77881-007 PHONE: 979-255-0102 FAX: EMAIL: g3savage@gmail .com ENGINEER INFORMATION FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: SURVEYOR INFORMATION FIRM NAME:Bowman CONTACT: Emily Hiler ADDRESS: CITY: Austin STATE: TX ZIP: PHONE: 512-327-1180 FAX: EMAIL: ehiler@bowman.com OTHER INFORMATION FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: PROPERTY OWNER CONSENT/AGENT AUTHORIZATION Docusign Envelope ID:3220E294-F4C9-4EDF-8A56-040323EF2ACF By my signature,I hereby affirm that I am the property Owner of record,or if the Applicant is an organization or business entity,that authorization has been granted to represent the Owner,organization or business in this Application.I certify that the preceding information is complete and accurate,and it is understood that I agree to the Development/Subdivision of this property. P°�°S�a^°dbY: Savage.Gene 9/20/2024 SIGNATURE: PRINTED NAME: DATE: A81o653C80A3446... 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+$10 per lot FINAL PLAT: $200+$20 per lot AMENDING PLAT: $100 REPLAT: $200 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 O One (1) .dwg copy to Brazos County ❑ One (1) hard copy to Brazos County Health District O One (1) hard copy to Brazos County 911 ❑ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health District- For On-site sewage evaluation. ❑ Letter from Brazos County 911 - For Road names. O Letter from Water District or Company. -Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. Docusign Envelope ID:3220E294-F4C9-4EDF-8A56-040323EF2ACF SIMPLIFIED FINAL PLAT REQUIREMENTS Every Simplified Plat shall include all of the following: ❑ Title Block with the following information: ❑ Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. ❑ Proposed 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. ❑ A 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. ❑ All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. ❑ All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. ❑ County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. ❑ Road names and Right-of-Way width for all Roads. (Existing and proposed) ❑ All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. ❑ Utility 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. ❑ All 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. ❑ Building 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. ❑ Metes 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 Docusign Envelope ID:3220E294-F4C9-4EDF-8A56-040323EF2ACF 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) ❑ All 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. ❑ 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. ❑ The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. ❑ The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. ❑ The 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). ❑ If 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. ❑ BFE'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. ❑ A 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. ❑ If 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. ❑ A 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). ❑ 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. ❑ 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. Docusign Envelope ID:3220E294-F4C9-4EDF-8A56-040323EF2ACF ❑ 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. ❑ If 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. ❑ 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. ❑ Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. ❑ 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. ❑ 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. ❑ The 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. ❑ Any 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. ❑ Location 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. ❑ All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Docusign Envelope ID:3220E294-F4C9-4EDF-8A56-040323EF2ACF MASTER PLAN / PRELIMINARY PLAN REQUIREMENTS Every Master Plan/Preliminary Plan shall include all of the following: ❑ Title Block with the following information: ❑ Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. ❑ Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) ❑ Date 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. ❑ The Preliminary Plan shall carry the legend "PRELIMINARY PLAN FOR REVIEW PURPOSES ONLY". ❑ North arrow. ❑ Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. O Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. ❑ All horizontal control and vertical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. O A 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. ❑ All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. O All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plan drawing. O County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. ❑ Road 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) O All existing and proposed plan boundary lines, phase/section lines, and Lot lines with bearings and dimensions. ❑ Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) (Existing and proposed.) • Pipelines: label company with volume and page. ❑ The 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. ❑ Size, in acres, of all Daughter Tracts. ❑ Centerline tangent lengths and curve data for all proposed Roads. ❑ 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. Docusign Envelope ID:3220E294-F4C9-4EDF-8A56-040323EF2ACF ❑ All 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. ❑ Building 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. ❑ Metes 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) ❑ 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. ❑ The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. ❑ The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. ❑ The 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). ❑ If 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. ❑ BFE'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. ❑ A 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. ❑ If 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. ❑ 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). ❑ 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. ❑ 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. ❑ The 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. Docusign Envelope ID:3220E294-F4C9-4EDF-8A56-040323EF2ACF • 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. ❑ For 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. ❑ Indicate the centerline length of each Road in the proposed Subdivision and its design speed. ❑ If 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. ❑ Locations of existing and proposed public areas. ❑ Locations of other public Improvements, including but not limited to parks, schools and other public facilities. ❑ The location of proposed cluster mailboxes, as required. ❑ All proposed Off-site Easements for infrastructure construction must be shown on the Preliminary Plan. ❑ Proposed phasing. Each phase must be able to stand alone to meet requirements of these Regulations. ❑ Location 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. ❑ If 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. ❑ This check list along with the required copies of the plan shall be submitted to the County Engineer . for approval. ❑ Include a description of contributing drainage to the proposed Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. ❑ Drainage narrative in compliance with the BCEDG. ❑ Clearly 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. ❑ All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Docusign Envelope ID:3220E294-F4C9-4EDF-8A56-040323EF2ACF FINAL PLAT APPLICATION REQUIREMENTS Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: ❑ For 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. ❑ If 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. ❑ The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. ❑ Indicate the centerline length of each Road in the proposed Subdivision and its design speed. ❑ If 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. ❑ If 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. ❑ Locations of existing and proposed public areas. ❑ Locations 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. ❑ Proposed 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. ❑ Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. ❑ If 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. ❑ 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. efi F c[[ AT ggrE p;0: � Frip :g SC„ £ 2 AE R£nE� a�"§" p,R 1 9 q • _ . . .. y-44304 - r e "go OR 99 f $� asn S 8 " �9 9�"Q % C'° E " Fps. °1_9 g 5 J 9.¢3r 3 311; P i 8e d �594 • S I. a'���„� c F����" a��� aw3-4a�� � �o��F' d` [€ "gao � �'� 5 E �m�.. Will q R a 'ag 9z hlEa p li 4a8 4 Lsua � 2e - E € 9 99 g i $g "� ; iE° ^a {E g a° � � {� � -� - cpo G" � a c�,y', @ "' WO ."p 44 4 0 `' nd6s5 95Faaa ge €I s�� _ is 4ea M.T.6 s 1 ar 4; 3i qp E 9 g4 cA t' a?a xW p� g" ' 1 Ng E @@@ a 5c u IIa 00,,E of ' !n90 F ils 10E G ", Se ' F g. a All €FF E E l' l4 M: 2 i� 8 -t FAA ;gag- M� n p 0 P ,ay 9 qq l g 3 as 3- F 0 s`Fa�90 p a,tE im - ;E8 �. 4a4 ga a� I. �.,, " . " y i '3 d d 3 •3 �` FCC CI 9 F Hq r iE 3j I fi°I 3i ,� el ll I! i is I o I °_ \ �1142 hi pi •! z° G +/ ep •- z0 iI ; -/_ \ N sFSi $5 (/ i' // C °" Fpp Trp�p °@°/ "F - g ii \/ / // eW�E?i \ ` _a ?, R & / ` /_ 4i.Via@. a3ie j htlii —i ", ,,, m !Eh., 1 . gjef I "k''g, 5 gig 5 •- / / Bi11 17,41 .1 /� %//�i/a • /' roc 0' W.II ', 9 0; sa i ei i1.t 1 ' �� F q ° ;I44. .44 Tg @R= "1 9 3 ° E- • ;5e, p,�p is. p° A e 6 g fii. F� �! 1 E �F 2 ill4; [ if lii Itp :4 °l'piir li%& A4Al![C 1 °g g s 14 T al '-i'e alE� III '.1 a! 4i€�: '1 �- 111 gel P ll .1 !III I1Rii!9§' e g{ 11 `9' it € sl6 '� 999 ac@giig�z;�' 84 II gg�2gp e lop °- i ,-, - 6i 6� 4 °'E ��o�s¢ g Li 4 84��h BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC2024 Southern Pointe Road and Bridge NUMBER: Subdivision Section 105 Final Plat DATE OF COURT MEETING: 10/29/2024 ITEM: Approval of the Final Plat of Southern Pointe Subdivision Section 105;14.061 Acres; Sterrett D.Smith League Survey,A-210;City of College Station ETJ,Brazos County, Texas, Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 10/24/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name . Description Iy 2024"04- Application for Development Backup Material 03_FP_APP Southern Pointe 105 FIRST.pdf p Southern Pointe_105_Finalprat.pdf Plat Backup Material .A.PPRO'. ' D DR Duane Peters Date County Judge Brazos County Road &Bridge Office w....oFT.. 2617 SH 21 West Bryan,TX 77803 •*; ir *; Telephone: (979) 822-2127 p q; Fax:(979 775-0456 °oHr., , Pro Email:plats t7.brazoscountytx.00v OF 0 PLAT APPLICATION SUBJECT PROPERTY INFORMATION APPLICATION DATE*:4-2-2024 RESUBMITTAL: YES nNO PROJECT/SUBDIVISION NAME:Southern Pointe Subdivision Section 105 PROJECT ADDRESS OR LOCATION:17565 SH-6 S TX LEGAL DESCRIPTION:A021000,S D SMITH(OCL),TRACT 25,341.551 ACRES IF RESUBMITTAL,PROJECT FORMERLY KNOWN AS:N/A NUMBER OF LOTS:69 TOTAL ACREAGE 14.061 JURISDICTION:I I CITY LIMITS ✓ College Station ETJ I (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 PRELIMINARY PLAN nFINAL PLAT nAMENDING PLAT nREPLAT APPLICATION PURPOSE MANUFACTURED 7RESIDENTIAL I I RENTAL COMMUNITY HOME nCOMMERCIAL nOTHER(Please explain): FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? YES ,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 ✓ NO DIGITAL FILE SUBMISSION COUNTY ENGINEER ✓ ADOBE(.pdf file) V AutoCAD(.dwg file) (Email To:plats@brazoscountytx.gov) 911 ADDRESSING I I ADOBE(.pdf file) n AutoCAD(.dwg file) (Email To:gis(a,brazoscountvtx.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 OWNERINFORMATION FIRM NAME:Phillips 3 Land Holdings,LLC CONTACT:Wallace Phillips ADDRESS:1140 Midtown Drive CITY:College Station STATE:TX ZIP:77845 PHONE:979-255-4466 FAX: EMAIL:wsphillips3@gmail.com ENGINEER INFORMATIO 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 ,4 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 is understood that I agree to the evelopmentlSubdivision of this property. I SIGNATURE: zraty, PRINTED NAME:Wallace Phillips DATE: 4/3/2024. 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: I I DATE APPLICATION RECEIVED I REJECTED: I I SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): ✓Three (3) hard copies to Brazos County ✓ One (1) .pdf copy to Brazos County `/ One (1) .dwg copy to Brazos County 1/ One (1) hard copy to Brazos County Health District `/ One (1) hard copy to Brazos County 911 V One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ✓ Letter from Brazos County Health District- For On-site sewage evaluation. ✓ Letter from Brazos County 911 - For Road names. ✓ Letter from Water District or Company. -Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. SIMPLIFIED FINAL PLAT REQUIREMENTS Every Simplified Plat shall include all of the following: nTitle Block with the following information: ✓�Name, 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.) (Replats need to retain original Subdivision name.) `/ Date of preparation. (Include the date of any revisions on the plat.) g/ Engineer's scale in feet. ,/ Total area intended to be developed. `/- Proposed number of Lots to be developed. t/- 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. nAll parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. nCounty boundaries, 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. riUtility 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. E✓ Metes 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) []All 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. ICJ 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. ✓ The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. ✓ The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. 6/ The 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). IvIIf 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. g/ BFE'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. ✓ If 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. V A 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). 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. `/ 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. WI 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. ✓ If 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. R,21 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. ✓ 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. ✓ Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. V 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. I- l 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. l� l The 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. I� I Any 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. 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 and detention basins, if needed. • I I All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. 22.22Q202COui aggg c s.c cic c =! \ \ • \ --- "T(P.—,"/ lc - \ i‘ , ,,,Ei .-.... ..,, ii URWMUMUMPAZW#HLWIttl! 1.,1111 ". ‘ \‘\,!11/1 ,,,E: -,EiE, !, 1154.1WViliOigF,ME, CiMER-40 \ IIC '. ' lE1-' ti ---,.., \\ 11111Rimig a,44.4 ,,,,q444XXW444q4“aaR4qa, AN\ \.....\ ''IPI .- 040,4 ,,,0 1,iW5i5TM!!5W,1555!,W5IBI" 1 / .....0.00! ---- tr .---„ \ \ \ ,.. \ \\ \\ 1 S ' • \1/4\ U \UFFilUi \ \ C - . / \''' - kg' ''''' '.*• :'' ''‘'C' a . 9,\ .a.., \\ -.--. E 1 1 Rag I \ a .•-•-, ------nt,\ g \ \ IN k \ 2:::::::2 -0.0 i - \ `Albt' \ „ - 4=: \ \ 0.01,UM:i a \ '2 \ %\lia--- 3 \ 1 1"WI 1 1 1 \ '- - i \ k \- ':1' I Vt\ ,go,'. \I 2.1 4 I Willlgill0, \\:1= 'I 3,0' .\--- , A" \. 1 ._ \ t \ “0.1,c4" ?. 5 I t t , '--"-::1' It ' , - I - ,\ lllq-l'"WAll \A‘ I, 1,____•_0: \ ,,.. \___ It '' I N I 1,, \ \ ,..\ a - ' t-g qi.F.;.. ,‘ g . --_-_' ="Z \ ' 101.4% \ „,A. \'' '..• t3 I , ... \ I 1 I ,31-. k 42. \ \ - ---. - -r-- \ _ *-- I I , ii\ ' \--z ® v. \ ,,, I I gg4942R°9221 ,\ \ . 1, t.., \A - Le, =I E \ ,, \ ‘ \ r \ " ‘ 2,, iiM \\ \ ,\ .i, \ .\ - -\ -_",,A2'..- 1 , „gieV. \ I ,..- k \ Ill1WHP1 \\\\ \ u'l „,..g.,:• ‘ ,,, I . L \k \ \ A I A--- „, L. l', \ ' \ \ ---`,.-4.65.--' 1 „Ave• ‘ '' \-_-_ _,,i,'„-,.'II"-al .\.;__-- I .1 MOWOOV Y Al 7",-g-6-7' '''41, ° a \. a 1 kl -:_ ,:•,,„1.• 1WWeitli ['i \ \ \ .r.P.-=' E V \ \ - 1,,,t. It6== 2 a ii- ' 1 i •• l' ' .'714 ,,333;i2,i32,121 1241\ 1 2 2. L ' ' evertor* '''''''''''''''''' i --:rli -.. ....,,,,,_.t.,;-?„.__-- ---..-- - ----'7-.... ..z- ,,,,,,. 7 1 1 1=110e • I i I , AT _ _ - ."' *"" <e. Lf .sl__ __Th ri_L _ . 0 , 4P r- -- n r--- I 1 ..,, , ., _- ---i- 1 - ,;,,, 1 ,1 i . I , 1 _ I i ' Ilt 1 - liquil Hill il ill'' i!! 111;1 1111:11111111 i -,::,- • 1 -.'.:° t 1 t 11 . ,, t,1 ; :: li ,„ t. , .--• 41141 ,:i.1;;14 ""' Ll 1! VIP ' -,;:.,- • I 4 ;•;• i . .4, ,r•• i____ . li ® . 1 ,12 1 2.,,,w,2_1_11,_ Tr, ...-4,...- .i ',V ' It • Z -4i.- 'T'''''-'- -.*-.-r.—'14:°°•. . 1 1 - 9 2 p,,, v-,4 2 1 . 1 2 Ili f, ; - 2) . i 1 - ,1 •2 1 .- 2 1 ,1 43 c 1 • 1.211 & 3 Itni elk- -ASS V Z SI 3 ; It 41 1' 1 - :11 I -4d.,' Ivi a I i__ . 22,44- 1 I „ , 2 I 2 2 ,1 .a i „ 2,222,22,0,2:2 ‘, ;,...:;;;20:-.,.-„2" ,,,,,k, ,,,„es.,' •••0 2; w4,?_°20- 2 % - ..2,. v9 ) 2 \ _22, 22„„ ,,„„, "- •- e ck \ • l&i.... '- 'i2 •-yo____. _ to or are ./..a 1 ,a2 ,...,, orier-p7 ,,,,. 4.'/ I - ' -- ___k _ , ,, / I ! , 11.-c) - 101 , . I . 1 . 0 _ ,,,v-,,../ , -; ,A i „ 3-,.-. , , ,„;„._-- ,.. I 'HI c 0.015 12W .V- x •,-E:.1.:•,,i .. \t;,, , ig, 1 •,,, . E_'_]1 ' IT__ - '' ' ''IL"- - • ;' .i 1' 0 iq ,--,8 ,g.:Ep,..',,,,7;..-zo L,gpi Is .',0 . -8gs'0.-i-, r. Pi ...11.., . ' a"20,•`“2,1,-2Ztri ,-Li = i .12.19 4" gi i•e.“.2.1P•22,-.24 t-' J- - II h 2422 ' ',4 , ' • ; w .1.,., c 4v. Imilri,-1, h-7, ii ib r .0 i IT; 1.1 i tt li 1 LI 9 ,; a mi i s A s; ! iej 5 j vE E.EI FP€i ! - h s :II [� Ca :E 3j i �h 1� 1i{! �t 1i 14 fit P. zoo"sos== ; 'geip3 i lid till °_ fj�i b: Q a V�� o s = ' aF� {ii i giig= o a ' ihit Eii iEa i 1 A"*- P ii{;I ;ti F., �� ! i 1 I i i g a 1*; JI i i.o 3j;'_ ; y,� el fie•,.`-. � 4. g ajiii` ii si;.1i U b% a `'�, °Pi igga fi i; Gw c`n ,4 k E€ ° Y Y E i gi §1 I 1 .1--1-- g v I I \ 1 ;• • g - J FI I ...111 \ II Wp 7 J 11, i 1 nnE i5-e: - 6 Nit °i ^° . �aY° VI ', s a•'ic a i.e:-e icy 1 P ° 4 :1 rin g =:i .J I= i I t�� . n e.. s^1 i ! •i .4°a = ei `s• in. i . '3i P 'S �a�i Y �6 Si�F -'g ;'t i°g. cee e � •: _ •^_ tie 2- € 'y Y3➢E g Reg,. 0, ' ?` °li: €" ,.. v! i•4 Y_Y. % tha:- S 4: ik. i:s E i q.;F '- 11,17, ."1! il':' E iq i a3:1 a_ is SYi 's ,h1 3 i ix" a 10 '"' ii: i a , •• �fs Pei 1 1 1 R fEage ;PH 3 le , 1.'' ,Il `E eiEPi Et 3Y4e i�E €.1;.f•1€Ei a .1- €i.a€S i ' i Ei 9q fEo' p II ,1ii k .1. .°ia_ i yi.y S t 4; s ' •' y 1410 i^ 1 x i. . i._ - ' 1 a .x r. eEi '` > a ilk*. si, SO se.:is- i !it al, ° 1 '! a! s - L y a i6_1 : i : „q °3p a ,1 1. {e aiaa_ , F 7q ° ,d °°y I IJ .` nFo . fni,g _1E P E? E ,P ni ^ . is _, 1 1 `y z i IS:, i a iai pe1e § ., 1 s !la ai i3-"mil i o.) se YS p.-. is 1^c ixc i_e 8 e,a55 ran° ,5s'° 4.'te 3p.1 a nje1. -k za2asa: "i;eS i .! e.e.c:.1 -i;C. s i¢+_ae:¢g r'i-' qi° _ - - 01'e !fill i i ¢ 'i F"-`:: si { Y P e P pfe °s E^ -_n E__ ai.A 1 a k i°. 'a-- ----.---- aYmk"a Y E , 3 i.e •1 :' E r' 45 3° hE ' i 3:II- a i $aA i- Y F '' a 'Pi i 1. i°a, 11 ,:i it,:i]i e i1@ 3 ''sa'i s ai Y1. 1. qil„°ii i! .i icii iS 1, :::qa=s •Z iF€y a, .V;tha !- E,5115 i 5.5 d' i i if.lf' ,_ J -RIP •'Yi'iig'a i k P2£3.5 ii;ahM ilgi!it' °_S^3E: Sti:Si i i""71ifilili.1"ek s'e"dy S'6• -°is €4E1 1ai,f'€Y e;'a 1!zeii€i .:�:, 1.ii'aa ;iii cla k1 ,if 51 "i' `i`'$:`aih%9i's;i 5:E i�S3F .1.1. ! ';- ^'E-I _'i",,;ie t 15 .SF_E .e _ €>_:€_ .ia . .n'd '°ib 1. .5Y _ff..4F.i§S_ - "F>i_k IL- f'lSsi if34?i" 33 - ris �s6F. � i € @ p • € e a e q eei 5 g i E i B E r° e : 1.i£ ?� P°ale° 1Yi @ £ °( !11 ° 1 e l y E S° E 4 1 EI f el E i iR ID E it 1Y.1 i,i e 6 Pr i 114g la' ! g1 S 1 � £ e El.; E (Ai i al f5 I i i€ i ge ya^ k_^ .! 1 e v lin € 1 Ili.i lid v !r z E! EF 6° y ne; i1 s g£E 1 v Esi Y i P B g. 10 ga fc !vx£ �. ii 15' y 6 113 i y �a p R �_ e°ae € �@ ai _ 5 Y € ! f 1k g y r1 s °' IA ii 11i 1° ` 4 ii Ei i €3 i° !u-`` 5r1 k£i/li! £r 5 1 r -g lag q: ° fyy 1° E 5V1.4 1 9 . Ai f-., ai1S i .• E 4P: p q' a. 1 i e 1 .1 €i Y y s1-* € e qi . 8 N E E ' €f 11„ E gil,6 .' a.f f a•.'-4 gypp, P fife a EY lair i S4 ° e °1�f€1 E ii S tE 9° It i i E le 1 B ° 6p i. 1 Y�s a : �e. £2£ r� 55�" �3 E €` !1° E 66 a II i S e� 5 � ayi a yY F� � £ i. �k °g aq°]- � °,�°° r 6 E 4 i f45� € ° �' ( @ S i s P e�i le pp I£Iq ill!Ea i1 i/./k/ i F,yt95l5 41 �l 15aq 1 4 '¢ a !J / ill f 1 P !E f i i• € i �e ' i e it E _ 6 5 ke ii i E6 . .°g°a.• 4°. .a i S(gpii aec.F 9f -i a ° 7 •.Eii �e"�-e . 1s3e- gin i Y qY r x StS i-q 9 I { .iii a F 4 fr i 5 5 E� : Y*i` q41 €e i• z e f � � � 9 i- :' Eq°• f�dR e g f�4�4 1 r A• q i ls!` � iE i.:` E. r 1 E Y £°£6 i Yyg°•ss-• € °q F Ir -£€ °qg Pet • !4 E -!€1 i i'°E if' ,i3 "" § £!a i5 i F El 55!pp 55!3t1 a''!. y@ i E F.i.1 g Prg i E 6 . iE !a q i° i P E ye i!i S S 1,s •i ° e S 1 9 S r`!i E i Efgi i i 9 ll pi yi i 9Ss�. fqf° g zi Efq3 4if5' P i f `kwk,PEE i(. !" ! ii gFi 40.1 g �55 i �ss Sg 4€ I'll 1i rY E7Gii Se i 4 S 1 , S 9 rri !i1 Ce Y1 •e11 19 a_i 'g @ 5 �i;f! g i 9��e Ci+ aE1[°c P 1 's9 �Bg �, �j G a if'�. ��°a9ef 69£il Ii i9 c £ i � vp7 fk�a i5 5.k ec i 1-!''s €E it ii t5. a€°1 14°EYE p q$ °11 Ig E6£ k:ie €° `e i ie 410 i 1 i :Pi 1 4 Q. i E 4 � if @ p 'a P�y ! �� $ , E ��9 !1!a E=1 = i.6 i � 6 F Ii ip 3i�1.@��ifi 11 q f ip �e �`I'a �Y SI� iY a �a1 f Y`e�° 3 9� e 5 y Ca1F gyg :Pi o°p i e 4 i "4115 = 9 i 1g peii€1 a° E E.4 1 i� 4:.g 11 fy iiiIi I la I gl-g° -4 g 15 qs/s`Ag1ei 1fsV i Ef 1 i 3i !ia MI Oil HIM 14/ 15yi 11Ygi1 p,f !e °.E f Jo-pl. E RE a4`e9 £ i°za 1 ;i ll s'h aQ g E a ig P iiii i1,I 3s 1 1 E t Y1y°i .1!iF" -p .iri iia1€faf1E Ih P h MI'`; €'ff!Pi*Ea i gg 41!Pi!°°d'€,I 4 111ii qq 3 S i " !i 1 S . i r i pg£ Al; _ g$g F g °ai I.g_E=g!E_.1 i 1�ig51 rG 3v°i T. tE 5 f9Ei s°Is F q F°E i4 F!E qs££1 r £1EE4 gig k 11 gra3'is .7€ 9.al a E£ i r 1 1 E P 1e, ., , •�� i TIP••• ov BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER' CC2024 Southern Pointe Subd Section 109-Final Plat DATE OF COURT MEETING: 10/29/2024 ITEM: Approval of the Final Plat of Southern Pointe Subdivision Section 109,Block 25,Lot 41, Common Area A 109;3.121 Acres;1.443 Acres Right of Way;Sterrett D.Smith League Survey,A-210;City of College Station ETJ,Brazos County,Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 10/23/2024 • FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS. File Name Description Iypt 2024-04- Application for Development Backup Material 032P APP Southern Pointe 109_FIRST.pdf Southern Pointe 109-FINAL PLAT.pdf Plat Backup Material APPRO - n la-9 1 01-4 Duane Peters Date County Judge Brazos County Road &Bridge Office • M1?E Apr.. 2617 SH 21 West s_ o ssw. . Bryan, TX 77803 *° Telephone: (979)822-2127 Fax: (979 775-0456 Email:plats(a�brazoscountvtx.gov '••.rr aF e�': PLAT APPLICATION SUBJECT PROPERTY INFORMATION APPLICATION DATE*:4-2-2024 RESUBMITTAL: _YES I✓I NO PROJECT/SUBDIVISION NAME:Southern Pointe Subdivision Section 109 PROJECT ADDRESS OR LOCATION:17565 SH-6 S TX LEGAL DESCRIPTION:A021000,S D SMITH(OCL),TRACT 25,341.551 ACRES IF RESUBMITTAL,PROJECT FORMERLY KNOWN AS:N/A NUMBER OF LOTS:1 TOTAL ACREAGE 3.121 JURISDICTION:I—I CITY LIMITS ✓ College Station ETJ [ 'OUTSIDE ALL CITY LIMITS AND ETJs * Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five(5)years from the Application date of the project. TYPE OF APPLICATION MASTER PLAN ■SIMPLIFIED PLAT PRELIMINARY PLAN {FINAL PLAT AMENDING PLAT REPLAT APPLICATION PURPOSE piRESIDENTIAL El MANUFACTURED RENTAL COMMUNITY HOME nCOMMERCIAL nOTHER(Please explain): FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? YES Es 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 1 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 LA NO DIGITAL FILE SUBMISSION COUNTY ENGINEER -131 ADOBE(.pdf file) AutoCAD(.dwg file) (Email To:plats@brazoscountytx.gov) 911 ADDRESSING u ADOBE(.pdf file) n✓ AutoCAD(.dwg file) (Email To:ois(a),brazoscountvtx.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:Phillips 3 Land Holdings,LLC CONTACT:Wallace Phillips ADDRESS:1140 Midtown Drive CITY:College Station STATE:TX ZIP:77845 PHONE:979-255-4466 FAX: EMAIL:wsphillips3@gmail.com r.. 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 is understood that I agree to the D velopment/Subdivislon of this property. SIGNATURE: , PRINTED NAME:Wallace Phillips DATE: 4/3/2024 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 `/ One (1) .dwg copy to Brazos County 6/-One (1) hard copy to Brazos County Health District 6/-One (1) hard copy to Brazos County 911 6/-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): V Letter from Brazos County Health District- For On-site sewage evaluation. ✓ Letter from Brazos County 911 - For Road names. `/ Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: 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: V Title Block with the following information: nName, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. []Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) V-Date of preparation. (Include the date of any revisions on the plat.) V- Engineer's scale in feet. `/ Total area intended to be developed. V Proposed number of Lots to be developed. _ V- Re-plat or Amending Plat, existing Lot and Block description or Abstract name and number. V North arrow. V 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. V 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. ❑✓ All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. []All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. County boundaries, 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) All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. piUtility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) 6/ Pipelines: label company with volume and page. 6/ All certification language as found in Appendix C. V 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. [ ]All 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. [ ]Building 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. ✓ Metes 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) V All 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. 0,/ 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. WIThe plat note regarding Owner's responsibilities as found in Appendix G,4, if not contained in the Owner's dedication. V The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. I I The 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). ri If 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. I- I BFE'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. I IA 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. g,/ If 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. 1/ A 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). nThe 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. I4 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. I I 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. ✓ If 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. nIf 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. 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. F., 1 Driveway culverts for all Lots shall be designed bya Licensed Professional Engineer. 111 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. nThe 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. 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. ✓ Any 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. n This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. riLocation 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. nAll existing and proposed water courses or manmade drainage channels shall be located within .a Common Area to be maintained by Owner. • • • ., .ran .,>n mr n...., .:..r... �. �.w w.,. „ 1 ,0 1 1111'5 -- II .,., ,..,m.......a...,w..,. 0...........8. .-.^..,,..a._„ ' 38 1 1 II 3 mr r., z,z wzg xw+rawrnurnr.r,c•.w,mu.. - • p'N0 — — �, o,P '. l 1 11 11 3.,.,.1 �.,sMmrv.w.. . .,a...»..,.....��.�... e�,•.. PARR ., 11 1 1 ° —..n.o `„° m; —� 1//y I IR+ I e .w Mg....rm..,,rw..,w / --- 11 1 I 1 o , I ...e... s x•::.. :. / 11, i la 0 -- I ..,,,, ,.v..,...... ,r. 4 le r�k,�,aI wP. a........�,—. e PARKLAND IP[111� - .M▪11"", ..a.t...r... NEIGHBORHOOD PARR '! ....... ,. .r,. .,ry _ / .ram II I __ 1 /%7.78"307:11%17/1.5/7/1=1".11111"4.011t 348,57.731111/.../.88 .., r....a _.,�,... r �, / W aw°"co—x; II/ "t.-- __e__�M m,. = ....n,.®.u,..•.,.wwr_.n , u., ,r co— u�.,iurnanT COFPd0,1 AREA C117 © '•"c/ I —gym Ya.•�...•..r. `O MUTATE DRAINAGE EASENTEIT I �a \w "`•r°•'w Y0A Q1O••._. \.D DETENTION POND a'01?� / rza.rn \\NORMAL WITER SURFACE-.118.00' 1 u.n� / Iw 31 I ,, ,..] ..1• , e ws ..a.. s.m / " F8 % . .,.,. . w,.�▪ .w.gym . VICINITY MAP / ,.n.:.m, �� / I I 3 3 I ..:.t, �, ,, '\ SS ,( "". .w%"e� I I -- ,- i .,..LL.r....,.a,./...1..,.../...,..... ...,� fir. \ \-c--:___,..—_—-2 c,..%'sja..--P --"r&-'.."=Tii-r-,--.4-7-——•'''''''-'""'" Fetr...,,,...--7-;1:„la.--",:---F.;;..:."474,':.-;..rg-1.1! 4, 1.4 / // I I zv I ..w.,.,.,...,,.nm,..i....,a....r...a.rar.i.,. !' `•,,' t \� \ \ OT4, la �. ., m.� N' . FINAL PLAT 16,4AG. \\ ,r I I , I 18 • ,.,w, LEGEND OF " -� . a I` ` _. SOUTHERN POINTE SUBDIVISION `=__ ;ems•• i $': 3, \I ; .... . ..• . m. — -- SECTION 109 _ .29. __ -�_+ I I , I ,..M..„.,...rv,..r,...,.•,..,...,...„.. - — — a..,......r BLOCK 25,LOT 41 r m -- —— —_ —— - .,m.., ,•.,.,.,..1'1"".. COMMON AREA A 109 ,.,n•.®m • : � L"`ti`]:$ — - 3.121 ACRES —/ "� r — ARKLANp— .,. n�� 1.3 ACRES RIGHT OF w.4T / . ,. ;vct19670/dDI(1Pa - ,.....,.rm,... .,>n,n., .....nm.,,..,., - ...,... STERRETT 0 SAE.LEAGUE SORB Ava - • .. a —7,41:4Ta MAWS COUNTY,TEX. "".] -- u..w,w.unrnmawau.m: a r„ . ry nVEYGR ENOINE—' wum wrwr uc uromv.,m uwn uacn. 0 ....... �. - AUGUST 2024 TREASURER'S REPORT FUND NUMBER&NAME CASH BALANCE INCOMING INVESTED SUB-TOTAL DISBURSED CASH BALANCE INVESTED CK.ACCT.BAL 7/31/2024 INTEREST 8/31/2024 8/31/2024 0100-GENERAL FUND 186,927,301.85 5,716,627.65 724,200.10 193,368,129.60 10,585,624.74 182,782,504.86 133,302,547.18 49,479,957.68 1100-HOTEL OCCUPANCY TAX 6,226,910.05 411,626.78 6,638,536.83 335,580.60 6,302,956.23 6,302,956.23 1200-STATE LATERAL ROAD 260,744.84 1,586.19 262,331.03 0.00 262,331.03 262,331.03 1300-UNCLAIMED FUNDS 496,829.25 5,403.46 502,232.71 0.00 502,232.71 502,232.71 1500-LAW LIBRARY 163,339.33 10,143.64 173,782.97 5,460.41 168,322.56 168,322.56 1800-LEOSE FUND 88,538.40 0.00 88,538.40 1,665.98 86,872.42 86,872.42 1900-COUNTY RECORDS MANAGEMENT 691,869.25 4,258.85 696,128.10 0.00 696,128.10 696,128.10 2000-COUNTY CLERK MGMT.FUND 1,306,682.64 33,438.94 1,340,121.58 44,926.20 1,295,195.38 1,295,195.38 2001-COUNTY CLERK ARCHIVAL FUND 1,437,667.76 33,535.76 1,471,203.52 22,501.79 1,448,701.73 1,448,701.73 2200-COURTHOUSE SECURITY FUND 143,346.32 7,945.68 151,292.00 9.33 151,282.67 151,282.67 2201-JUSTICE COURT SECURITY FUND 248,277.86 4,510.22 252,788.08 0.00 252,788.08 252,788.08 2300-DISTRICT CLERK MANAGEMENT FUND 288,029.36 13,510.82 301,540.18 3,468.53 298,071.65 298,071.65 2301-DISTRICT CLERK ARCHIVAL FUND 1,460.94 58.89 1,519.83 0.00 1,519.83 1,519.83 2400-JUSTICE 6 PEACE-TECHNOLOGY FUND 213,222.46 3,817.70 217,040.16 1,237.45 215,802.71 215,802.71 2401-CO.&DIST.COURT TECHNOLOGY FUND 131,353.86 1,443.52 132,797.38 0.00 132,797.38 132,797.38 2500-SPECIAL FORFEITURE FUND 37,230.79 226.49 37,457.28 0.00 37,457.28 37,457.28 2600-D/A HOT CHECK COLLECT FEES 5,262.41 32.01 5,294.42 0.00 5,294.42 5,294.42 2700-BAIL BOND BOARD FEES 113,818.59 692.39 114,510.98 9.68 114,501.30 114,501.30 2800-VOTER REGISTRATION 0.00 0.00 0.00 0.00 0.00 0.00 2900-VIT INTEREST FUND 377,075.91 5,597.82 382,673.73 160.00 382,513.73 382,513.73 3000-COUNTY GRANTS (1,065,823.56) 516,789.69 (549,033.87) 369,870.02 (918,903.89) (918,903.89) 3100-AMERICAN RESCUE PLAN ACT 22,145,854.79 0.00 95,709.36 22,241,564.15 184,835.51 22,056,728.64 21,518,132.70 538,595.94 3200-SB 22 2023 RURAL 543,353.07 3,305.38 546,658.45 148,572.20 398,086.25 398,086.25 3400-D/A CRIME FUND 219,834.28 12,283.93 232,118.21 4,303.16 227,815.05 227,815.05 3500-PRIMARY ELECTION SERVICES 56,715.48 3,011.16 59,726.64 211.48 59,515.16 59,515.16 3901-BC HOUSING FINANCE CORP 513,263.93 3,122.34 516,386.27 0.00 516,386.27 516,386.27 4320-CO 2020 6,126,587.06 76,835.30 25,406.79 6,228,829.17 550,369.78 5,678,459.39 3,922,857.60 1,755,601.79 4323-ON SYSTEM ROAD BOND-TXDOT 18,402,399.61 3,736.41 79,335.47 18,485,471.49 1,520,305.39 16,965,166.10 14,867,526.48 2,097,639.62 43231-OFF SYSTEM ROAD BOND 7,351,714.89 4,267.06 30,659.73 7,386,641.68 216,248.96 7,170,392.72 6,680,935.71 489,457.01 43232-2023 CERTIFICATES OF OBLIGATIONS 10,408,932.97 6,946.97 42,723.40 10,458,603.34 0.00 10,458,603.34 9,309,681.60 1,148,921.74 4500-GEN.PERMANENT IMPV. 18,951,829.73 0.00 18,951,829.73 279,257.65 18,672,572.08 18,672,572.08 5000-HEALTH&LIFE INSURANCE 13,400,386.54 4,896,202.85 18,296,589.39 4,859,983.15 13,436,606.24 13,436,606.24 5800-COUNTY ATTORNEY OPERATING FUND 69,269.35 105.00 69,374.35 0.00 69,374.35 69,374.35 6000-PAYROLL 1,887,473.01 6,216,784.13 8,104,257.14 6,284,061.68 1,820,195.46 1,820,195.46 9100-HEALTH DEPARTMENT 3,235,415.95 576,397.66 3,811,813.61 383,119.72 3,428,693.89 3,428,693.89 9300-REGIONAL MOBILITY AUTHORITY 7,754.95 47.18 7,802.13 0.00 7,802.13 7,802.13 9700-COMMUNITY SUPERVISION 1,332,949.41 259,439.69 1,592,389.10 336,248.12 1,256,140.98 1,256,140.98 TTLOF ACCTS.IN POOL 302,746,873.35 - 18,834,031.56. 998,034.85 322,576,939.76 26,138,031.53 296,440,908.23 189,601,681.27 106,839,226.96 1600-LOCAL PROVIDER PARTICIPATION 35,555,066.40 164,147.84 35,719,514.24 10,881,277.03 24,838,237.21 24,838,237.21 4100-GEN.OBLIG.DEBT SVC. 14,988,196.76 76,234.98 18,139.23 15,082,570.97 599,005.00 14,483,565.97 3,952,647.15 10,530,918.82 TOTAL 353,290,136.51 19,074,714.38 1,016,174.08 373,381,024.97 37,618,313.56 335,762,711.41 193,554,328.42 142,208,382.99 This report is submitted as true and correct to Commissioners Court by Cristian T.Villarreal,Brazos County Treasurer,on October 29,2024. 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 a9 day of 0 Groff" A.D. 2024 Karen McQueen : County Clerk,County of S, State of Texas Examined and approved in open Commissioners' Court this a(:)1 day of G'rQ ce--- 2024. Duane Peters, County Judge Steve Aldrich, Commissioner Precinct#1 Chuck Konderla, Commissioner Precinct#2 ArkfuLd... Nancy B er mmissioner recinct##3 OCATIA Wanda I.Wats n Commissioner Precinct#4 Treasurer's Report for the MONTH AUGUST 2024 Melissa Leonard,PCAC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 10/22/2024 REQUESTOR FRANCES OR ALLAN JACKSON ADDRESS 2230 WAVERLY DR LANCASTER TX 75146 OWNER NAME ALLAN JACKSON PROP ID# 437769 REFUND AMOUNT $6.79 REQUESTOR KJMC/SOUTHERN COMFORT HOMES _ADDRESS 7828 E ST HWY 21 BRYAN TX 77808 OWNER NAME ROBERT CASEY PROP ID# 425259 REFUND AMOUNT $1056.57 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 APPLICATION FOR TAX REFUND • Collecting,Office Name _ _ Collecting Tax for:(taxing entitles) - Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISO,College Station ISD,Fl,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISO OWNER'S NAME AND ADDRESS JACKSON ALLAN W 2230 WAVERLY DR LANCASTER TX 75146-1262 • PROPERTY DESCRIPTION Legal: COLLEGE STATION A 2H 30027826-000 WILDFIRE ENERG/GIDDINGS(EAGLEFORD)AB 48/RU1Z,F • SUR.0028864600 R Address: Account# 437769 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund • Payment Date Amount Paid Refund Amount Requested ZREFUND 2023 05/30/2024 $390.28 $6.79 Taxpayer's reason for refund: OP-Overpayment REFUND TO: JACKSON ALLAN W,JACKSON FRANCES V 2230 WAVERLY DR LANCASTER TX 75146-1262 • 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." r: i-,,C lj /0"/6 -av • Signature Date 9ya-• 4243:"C 'a 7 /VA Phone it • Email Address If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION Tr._ •,d is [ (Approved [ ]Disapproved giaik , 111111111111e..— • ( ° 1 CICI (::?-÷ Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code i Authorized Officer Signature Date TAX RECEIPT 06/0712024 03:11PM KRISTEEN ROE,CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR " '-" Recei t Nitmher - 4151 COUNTY PARK CT BRYAN,TX 77802 3355206 • • Date Posted _ 0513o/2a PaymeptType 'P Payment Code OYei/Refund • Total Peld $390.28 • PAID BY: JACKSON ALLAN W JACKSON FRANCES V 2230 WAVERLY DR LANCASTER,TX 75146-1262 ' Property ID ..Geo _. -_ --- Legal Acres Ciwner Name and Addr•ess.:_ 437769 •• '30-027826.000-1-030027826000R001001 •0.0000 - JACKSON ALLAN W -- . .-. ._..••_ ------ --- ••- Legal l]escriptioti' -� - JACKSON FRANCES V R COLLEGE STATION A 2H 30027828-000 WILDFIRE ENERG/GlDDING5(EAGLEFORD)AB 48IRU1ZZ,F • 2230 LANCASTER, Y 7 SUR.0028864600 R LANCASTER,TX 75146-1262 DBA Name,_ _---- - - • • - - • Entity • Year Rate Taxable Value•: Stint# Void • Original Tax -Dlscnts -'•P&I Att`Fees Overage Amount Pd Z REFUND ENTITY 2023 0.00000 0 •149162 N 6.79 0.00 0.00 0.00 0.00 6.79 EMG SVGS DIST#4 2023 0.05206 24,053 65646 N 12.52 0.00 1.64 0.00 0.00 14.16 BRYAN 1613' 2023 0,94920 24,053 65648 •N 228.31 0.00 29.67 0.00 0.00 257.98 BRAZOS COUNTY 2023 0.40970 24,053 85848 N 96.64 0.00 12.81 0.00 0.00 111,35 390.28 Balance Due As Of 0513012024: -8.79 }ender .�f7etails -•-_ _ _ _ _ n •, �__TAmunt' Check 2639 • 390.28 390.28 • • • • • Ii Operator Satch-- -- - :..__.- M-- -- - -^ - - W -- --- -!^- . _ _ Total Pahl crsalgado 51694(08/0712024 CRS) • 390.28 Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code rro:romlara,,o... • 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 ISO,College Matron ISD,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979 775-9930 Gty of Kurden,.Navasota iSO OWNER'S NAME AND ADDRESS I CASEY ROBEiiTT %KIMC INC ' 7828 ESTATE HIGHWAY 21 BRYAN TX77$08.8664 i . • PROPERTY DESCRIPTION Legal SERIf 125b00HA008176A,HUD#NTA1871258,.A011300,1ESSE'ELLISON,TRACT L1,46,:94 ACRES Address; 11444 FERRILL CREEK.RD , Account# 425259 TAX.PAYMENT INFORMATION • Name of Taxing ltnit TaxYear of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2024 101242024 $2418.46 $1056.57 • Taxpaym s•reasonforrefund: DP-Overpayment REFUND TO: SOUTHERN COMFORT HOMES 7828 E STATE HIGHWAY 21 BRYAN 1X 77.80E-8664 j . . Sign bah:v and return form to the Brains County Tax Office, "1 hereby apply for the refund of the above-described taxes and certify that the Irlfarniatlon on this form Is true and affect.' 7'..): -. l .10i22%/ phone t Email Address If yoy.make a false statement on this application,you could be found guilty of a Cass A misdemeanor or a state jolt feiany under Texas Penal Code Section 3740. 'TAX REFUND DET ' • .`TION -fund Is I. • ••proved . I DisapprovedNob ] Q—C2lt f , Authorized Officer Signature ! pate • I; Autherha OfflcaroftaxingunitforrefundapplicationsoveramotmtrequiredunderSedlon81.11TaxCode . Authorized Officer Signature Date ; . I TAX RECEIPT 1012112024 12:24PM MELISSA LEONARD,PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR {{ • •,RQce1pt Worthier - -' 4151 COUNTY PARK CT i --` BRYAN,TX 77802 3367808 Date Posted' t 1012112024 Payment Type I -__. -P Payment Code Overt efund, TetalPaid PAID BY: • SOUTHERN COMFORT HOMES • 7828 E STATE HWY 21 BRYAN,TX 77808 Property.ID Geo • __ •. • . ; Legal Acres --.• [ Owner Name and Address -i I. 425259 ;702020-0000-0122 �U.0000 CASEY ROBERT T —� r�.�• Le, al Description• • t — '; %KJMC INC • _____�_.-__;' __._._...-9 ..�.;0..... __ _____ ____ .__.-.�:_..1 7828ESTATEHIGHWAY21 SER#125000HA008178A,HUD#NTA1871258,A011300,JESSE ELIJSON_TRACT 1.1,46.94 ACRES • BRYAN,TX 77808-8664 DIM Name .._ _ • 11444 FERRILL CREEK RD , Entity_ —� Year Rate Taxable.Value.' •Stmt.# Vold Original Tax DIscnts .• pa.' _A_tt Fees _0_verage__?Mount Pd, Z REFUND ENTITY 2024 0.0000D 0 149864 N 1,066.57�- 0.00 0.00 -0,00- _0.00 -i,056.57 EMG SVCS DIST#2 2024 0.02006 74,680 24116 N 14.98 0.00 0.00 0.00 0.00 14.98 BRYAN ISO 2024 0.94690 3,544 24116 N 33.56 0.00 0.00 D.00 0.00 33.56 BRAZOS COUNTY 2024 0.41970 74,660 24116 N 313,35 0.00 0.00 0.00 0.00 313,35 1,418.46 Balance Due As Of 1012112024: -1055.57 ender • 'Details • Description ' Atnouriti, Check 'Cider REPOST' 1418.46 1418.46 • • ; . . • • • Operator Batch ! ---_-- y _...... .� _ ^w_ . Total Paid imogre 53438(2024 MH Escrow_10212024) 1,418.46 Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code m.a.mmntiw. BRAZOS COUNTY,TEXAS BUDGET AMENDMENT(S)FOR THE 2024-2025 BUDGET YEAR NO.24/25 5.01—5.06 On this the 29'h day of October 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 29th day of October 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 10 September 2024,the following amendment(s)to the original budget are hereby authorized,as described on the attached page(s). ADOPTED AND APPROVED this the 29th day of October 2024. THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS. Duane Peters,County Judge Original: County Clerk's Office and Attached to the original budget • BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.24125-5.01 1012912024 FUND NAME DEPARTMENT NAME 1 CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Information Technology-Non General Fund Capital Supplies and Other Charges Expenditure 923.25 Genera]Fund District Clerk-Non Capital Supplies and Other Charges Expenditure 923.25 • General Fund Reallocation of funds from the IT Department to District Clerk for the replacement of a broken scanner that is no long-r working o .ai • SAM Date: - - 10l:1512024 I County Judge Approval '•to .� • For.OraelcEMry`Only:: FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 14000006 60500000 (923.25) 01000 20000006 60500000 923.25 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.24125 5.02 1012912024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Contingency Expenditure _ 2.450.00 General Fund Veteran Services Supplies and Other Charges Expenditure 259.00 General Fund Veteran Services Supplies and Other Charges Expenditure 2,191.00 General Fund Reallocation of funds from the correct account to purchase software and a laptop for the additional part-time position •at was adde.in FY 2025. Nr r SAMI lb.- IO 0�/j Date: . 10/22/2024j County.ludge Approval For OrEcIeEntiy Only. _ _._ -. FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 11001500 61130000 (2,450.00) 01000 10002000 60211000 259.00 01000 10002000 60500000 2.191.00 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.24125-5.03 1 012 912 0 24 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Contingency Expenditure 6,720.00 General Fund Elections Administrator Contractual Services Expenditure 6,720.00 General Fund Reallocation of funds from the correct account for contracting security services for the November 2024 Election. 56 [Date: _ :;.10/22/2024I [_ �County Judge Approval: _ Y.2.4:1 For Oracle,Entry Only . _. . _ • FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 11001500 61130000 (6,720.00) 01000 11210020 71025000 6,720.00 BRAZOS COUNTY,TEXAS • BUDGET AMENDMENTS No.24125-5.04 10/29/2024 FUND NAME ' DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Commissioner's Court- Capital Improvement Fund Capital Contingency Expenditure 2,384.20 Health Department Support- Capital Improvement Fund Capital Capital Outlay Expenditure 794.73 Capital Improvement Fund Juvenile Services-Capital Capital Outlay Expenditure 794.73 Capital Improvement Fund Brazos Center-Capital Capital Outlay Expenditure 794.74 Capital Improvement Fund Reallocation of funds from the correct account for the architectural design for the Roof Access Stair Protect. . • SAMI f i.-1,7AY;Date: . -•10/2212024,} 1 County Judge App val Da _J For Oraele.Eatry Only . FUND DIV ACCT Change In Budget ACCOUNT NAME 45000 63110001 61130000 (2,384.20) 45000 63260020 80380000 794.73 45000 63310001 80380000 794.73 45000 6336500I 80380000 794.74 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.24125-5.05 10/29/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Contingency Expenditure 125.00 County Auditor- General Fund Administration Repairs and Maintenance Expenditure 60.00 General Fund District Clerk-Jury Services Repairs and Maintenance Expenditure 10.00 Justice of the Peace-Precinct General Fund 3-Administration Repairs and Maintenance Expenditure 55.00 General Fund Reallocation of fimds from the correct account to cover the copier maintenance contract.Contract was approved after 'e adoption' the' 2025 Budget. 2212 24 n Jud e.Ap royal Date. F1-1/61-4/14 [pate: = '10/ • 0 _ t5!9 Pp , . For Oraeli�Z'n`fi'Y°Oniye Y��_rr • ..._.;< .. r,=rz • FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 11001500 61130000 (125.00) 01000 16000100 65540000 60.00 01000 20010000 65540000 10.00 01000 24301100 65540000 55.00 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.24125-5.06 10/29/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Commissioners'Court- Capital Improvement Fund Capital Contingency Expenditure 31,308.00 Health Department Support- Capital Improvement Fund Capital Capital Outlay Expenditure 14,077.00 Capital Improvement Fund Juvenile Services-Capital Capital Outlay Expenditure 2,453.00 Capital Improvement Fund Brazos Center-Capital Capital Outlay Expenditure 14,778.00 Capital Improvement Fund Reallocation of funds from the correct account for the engineering and construction for the Exte'• • ess Stair pry:ect. i _ ! r _. : � d {t ya. 'SAM y Date: _ _- :;10t22/2024� I _County Judge.Apprciyal`-, -.'Dat"i`� � ForOrecle:Enfr'Oaly_ ; . _ : .? _ .n...., __ , _. ._..-_ . _.•. _ ..-.. ' FUND DIV ACCT Change In Budget ACCOUNT NAME 45000 63110001 61130000 (31,308.00) 45000 63260020 80380000 14,077.00 4500Q 63310001 80380000 2,453.00 45000 63365001 80380000 14,778.00 Personnel Change of Status (Oct 24,2024) Commissioners' Court Date: 10-29-2024 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment Department Name Employee Name County Court at Law#1 Davenport,Sofiya Veteran Services Murray,Kale Separations Department Name Employee-Name Juvenile Services-Detention Rooks,NaSerea Tax Assessor-Collector-Administration Pan-a-De)esus,Angelica Personnel Action Forms Department Name Employee Name District Attorney Baker,Brian District Attorney Capps,Kevin District Attorney Carter,Melissa District Attorney Comte,Kara District Attorney Cooks,Melva District Attorney Davis,Tonika District Attorney Escue,Jessica District Attorney Hernandez Hollowell,Solangie District Attorney Howell,Douglas III District Attorney James,Amanda District Attorney Love,Claire District Attorney McLemore,Philip District Attorney Price,Brian Information Technology Olivarez,Jason Information Technology Shaw,Travis Sheriffs Office-Administration Alo,Nicholas Sheriffs Office-Administration Braly,Christopher Sheriffs Office-Administration Dennis,Nathan Sheriff's Office-Administration Donaldson,Dillon