Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2024/12/10 Regular Session 10:00AM
NIE op MINUTES DECEMBER 10, 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, December 10, 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 -Judge Peters 2. Call for Citizen input and/or concerns Daniel Rey expressed his opposition to the East Loop project. He stated that the data does not show that the project would help alleviate traffic. He implored the Court to research alternative options, such as widening Highway 6 or a West bypass and to make a data driven decision that is best for the community. Allen Hammack also discussed his opposition to the East Loop project and reiterated Mr. Rey's statement regarding the project not helping to alleviate traffic in Brazos County.Additionally, Mr. Hammack stated that the East Loop would negatively impact his and his neighbor's lives. Kimberly Galland stated her opposition to the East Loop project as well. She expressed concerns of disrupting the lives of family members and she shared that she does not believe it will provide relief to the traffic congestion as proposed. Consider and take action on agenda items: 3 -29 3. Authorization for the County Judge to execute the settlement participation and release forms regarding settlement offers in the matter of Texas opioid multi-district litigation for the County in the matter of County of Brazos v. Purdue Pharma, L.P., et al. A copy of the order is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 4. Approval of the following appointments to the Brazos County Historical Commission. Term of appointment is January 1, 2025 - December 31, 2026. • a. Rachel Altman • b. Philip Barnes • c. Allison Kay • d. Sherry Frisk • e. Brandi Lampo • f. Henry Mayo • g. Thena Parrott • h. William(Bill) Page • i. Ashley Schultz • j. Julie Schultz • k. Mary Shearer • I. Vicki Smith-Dicky • m. Helen Washington The Court approved as submitted the list of appointments to the Brazos County Historical Commission. The term of appointment is January 1, 2025 - December 31, 2026.A copy is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 5. Approval of the following reappointments to the Brazos County Emergency Services District(ESD)#1. The term of appointment is January 1, 2025 - December31, 2026. • a. Doug Bramwell • b. Dennis Hethcoat Judge Peters stated that he would like to wait and allow the incoming Precinct 1 Commissioner to provide input on this reappointment. Commissioner Aldrich disagreed with not making the reappointment at this time and made a motion to approve. The motion died for the lack of a second. 6. Approval of the following reappointments to the Brazos County Emergency Services District(ESD)#2. The term of appointment is January 1, 2025 - December 31, 2026. • a. Michael Hering • b. Larry West Jr. The Court approved as submitted the list of reappointments to the Brazos Emergency Services District#2. The term of appointment is January 1, 2025 - December 31, 2026. A copy is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 7. Consider and take action on the following donation request by Fain McDougal, Brazos County Chairman,Alamo Letter Society: • a.Acceptance of gift of the LETTER FROM THE ALAMO, a two foot by three foot, 202 pound bronze plaque similar to Lt. Col. William Barrett Travis' VICTORY OR DEATH letter currently placed on the front lawn of the Alamo in San Antonio, TX • b. Providing an appropriate location for the placement of the bronze plaque in or near the Brazos County Courthouse • c.Assisting the coordination of the Alamo Letter Dedication Ceremony at the Brazos County Courthouse A copy of the donation form is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 8. Approval of Official Public Bonds. The following official bonds were approved: Bentley Nettles - Commissioner, Precinct 1 Jarvis Parsons - District Attorney Earl Gray- County Attorney Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 9. Request authorization to wire transfer up to $1,244,738.03 to HHSC for the Federal Fiscal Year(FFY)2023 Hospital Augmented Reimbursement Program (HARP) Retroactive Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 10. Request authorization to wire transfer to up $20,437.95 to HHSC for the Uncompensated Care Demonstration Year 9 Redistribution Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of a City of Bryan Public Utility Easement for a water meter at the Medical Examiner's Office site at 3037 East 29th Street. Site is located in Precinct 2. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 12. Approval of Change Order#1 to CI P#23-608 I&GN Road Reconstruction with Larry Young Paving, for additional days and labor in the amount of$1,494.00, increasing the total project amount to $5,905,937.25. Commissioner Aldrich stated that he is glad this project is complete and is pleased with the outcome.A copy of the change order is attached. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 13. Approval of Amendment#2 to Contract#24-603 Construction Manager at Risk for the Medical Examiner's Facility with J.T. Vaughn Construction for the Guaranteed Maximum Price (GMP)#2 of$25,961,965.00. This is the final GMP package making the total contracted amount with J.T. Vaughn Construction $33,865,513.00 for this project. A copy of the amended contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 14. Approval of the following Deductive Change Orders to CI P#24-614 Bridge Scour Repair with Solid Bridge Construction, decreasing the total contract amount to $1,677,208.90. • a. Oak Lake Road Change Order#1 -$80,000.00 • b. Grassbur Road Change Order#2 -$21,500.00 • c. Democrat Road Change Order#1 -$25,000.00 • d. Alexander Road Change Order#1 -$54,264.00 • e. Pleasant Hill Road Change Order#1 -$25,000.00 A copy of the deductive change orders is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 15. Approval of Agreement#25-085 Post Residential Services with Harris County for Juvenile. A copy of the service contract,is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 16. Permission to Advertise CI P#25-529 Architect for Ashford Hills Warehouse &Office Suites. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 17. Approval of the following committee for RFQ CI P#25-560 Architect for 101 North Texas Avenue: • a. Trevor Lansdown • b. Traci Conde • c. William "Bill" Hadley • d. Brian Pratt • e. Clayton Watson- Citizen • f. Purchasing - Non-Voting • g. Legal - Non-Voting Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 18. Permission to Advertise CI P#25-562 Construction Manager at Risk for Ashford Hills Warehouse & Office Suites. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 19. Approval of the following committee for RFQ CI P#25-563 Construction Manager at Risk for 101 North Texas Avenue: • a. Trevor Lansdown • b. Traci Conde • c. William "Bill" Hadley • d. Brian Pratt • e. Clayton Watson- Citizen • f. Purchasing - Non-Voting • g. Legal - Non-Voting Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 20. Approval of Engineering Services Proposals with Goodwin-Lasiter for the following county roads: • a. CIP#25-572 Democrat Road Reconstruction -$110,200.00 • b. CI P#25-573 Ferri!! Creek Road Reconstruction-$158,000.00 • c. CI P#25-574 Dilly Shaw Tap Road Reconstruction-$80,500.00 A copy of the proposals is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 21. Consider and take action to close, vacate and abandon a portion of Breckenridge Street (100' right-of-way) located between Block 10 and Block 25 of the town of Millican. Roadway was never built and there is no public interest served by retaining the original right of way. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 22. Approval of the Final Plat of 7-11 Ranch Phase 1 Lots 42B-1, 42B-2 &42B-3 being a Replat of Lot 42B; 5.01 Acres,Andrew Millican Survey,A-39; 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. 23. Approval of expenditure journal entry for Brazos County FY24-25, September 2024 - November 2024 cash contribution of$44,946.19 to CSCD Specialty Court program. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 24. Commissioners Court minutes for the following dates: • a. November 05, 2024 - Regular Meeting • b. November 12, 2024 - Regular Meeting • c. November 19, 2024 - Public Hearing • d. November 19, 2024 - Regular Meeting • e. November 19, 2024 -Special Called Session • f. November 26, 2024 - Regular Meeting Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 25. Budget Amendments. • FY 24/25 Budget Amendments 10.01 - 10.03 10.01 - Reallocate funds for On System Road Bond -TXDOT. 10.02 -Transfer funds from Facility Services to Count Clerk. 10.03 -Transfer funds form Contingency to Medical Examiner. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 26. 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. 27. Payment of Claims. Approval of Payment of Claims: • a. 8206767 -8206876 • b. 9202988 -9203045 Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 28. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. • b. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment or duties of County Personnel. At this point, the County Judge announced the Court would consider items.30 through 34 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:34 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to the following: a. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel b. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment or duties of County Personnel. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel Nina Payne, Budget Officer Raeanna McConathy,Assistant Human Resources Director 29. Consider and possible action on Executive Sessions. At 11:16 a.m. the County Judge announced the meeting is open to the public. On motion by Commissioner Berry, seconded by Commissioner Konderla, the Court voted to approve the request from Commissioner's Court for the following personnel changes with effective date as of January 4, 2025. The following changes have no impact on the Commissioner's Court FY 2025 budget. • A. Decrease B0116-1 Administrative Assistant- Commissioner's Court, Group 24 Step 7 to Group 19 Step 13, Hourly Full-Time. • B. Increase B0117-1 receptionist- Commissioner's Court, Group 13 Step 2 to Group 13 Step 8, Hourly Full-Time. Commissioner Aldrich raised concerns regarding compliance with the Open Meetings Act. General Counsel Bruce Erratt confirmed that the action taken is in compliance. The motion passed with 4 in favor and one abstention Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Berry, Konderla, Peters, Watson. Abstain:Aldrich. 30. Acknowledgement of the I nvestment Report for Quarter Ending 09/30/2024. The Court acknowledged receipt of the Investment Report for quarter ending September 30, 2024.A copy of which is attached to and made a part of these minutes. 31. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of December 4, 2024. Acknowledgement of the 2024-2025 Contingency Budget to Actuals by Fund as of December 4, 2024. The Court acknowledged receipt of the 2024-2025 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of December 4, 2024. 32. Juvenile director's report on detention population. Judge Peters reported for Juvenile Director Linda Ricketson, there are 31 juveniles in the detention center, 22 are male, 9 are female, and 42 have electronic monitors. 33. Sheriff's report on inmate population. Chief Deputy Kevin Stuart reported there were 738 inmates in jail, 613 inmates are male, 125 are female, and 31 have electronic monitors. 34. Announcement of interest items and possible future agenda topics. Commissioners Court will be canceled for the week of December 23-27, 2024 in observance of the Christmas holidays. The next Regular meeting for Commissioners Court will be Tuesday, December 31, 2024. Commissioner Konderla expressed condolences for the Terrell, Texas community that lost an officer in the line of duty. Commissioner Konderla asked that the community pray for all of our first responders as they put their lives on the line everyday to protect and serve our communities. Commissioner Watson expressed concerns about the Southgate Apartment complex that is still without gas. She stated that after going to volunteer and seeing the deplorable conditions, she is encouraging those who can, to volunteer and to be informed on what is happening in our community. Commissioner Watson noted that this is a privately owned property and they are working with in guidelines to get things repaired. Commissioner Aldrich recommended additional research into Section 8 housing requirements with the federal government in reference to the Southgate Apartment Complex. 35. Adjourn. T E OF.. : (1-- 4 1v�: NCO . 4fi L The foregoing minutes of the Commissioners Court Meeting held December 10, 2024, have been examined and are approved in open Court this 7th day of January 2025, in.Bryan, Brazos County,Texas. Il ,_,‘„ L-----• Duane Peters B nt ey Nettl County Judge Commissioner, Precinct 1 '-----' •-.----s.-----7----.-----;--"*. --- --.--...•et --;..'" --s c t- 1 Chuck Konderla ed Brown Commissioner, Precinct 2 Commissioner, Precinct 3 OF l. Wanda J. W. son Commission: P. 'cinct 4 Attest: WM..64_(_,11(ckz-e-e---/A------ Karen\McQueen County Clerk O. ffi f �.._,""tea Re; ,. `-'i 4.�`'' -A.f 9 •m:4 s . - 102U DEC -b P 2= WI .' a.rY OF,��t�,. � FT BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 10, 2024 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TX 77803 THE PUBLIC MAY WATCH THE MEETING LIVE ON THE BRAZOS COUNTY COMMISSIONERS COURT YOUTUBE CHANNEL AT: HTT PS:UWWW.YOUT U BE.COM/@BRAZOSCOU NTY3227. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag -Judge Peters 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -29 3. Authorization for the County Judge to execute the settlement participation and release forms regarding settlement offers in the matter of Texas opioid multi-district litigation for the County in the matter of County of Brazos v. Purdue Pharma, L.P., et al. 4. Approval of the following appointments to the Brazos County Historical Commission. Term of appointment is January 1, 2025 - December 31, 2026. • a. Rachel Altman • b. Philip Barnes • c. Allison Kay • d. Sherry Frisk • e. Brandi Lampo • f. Henry Mayo • g. Thena Parrott • h. William(Bill) Page • i. Ashley Schultz • j. Julie Schultz • k. Mary Shearer • I. Vicki Smith-Dicky • m. Helen Washington 5. Approval of the following reappointments to the Brazos County Emergency Services District(ESD)#1. The term of appointment is January 1, 2025- December 31, 2026. • a. Doug Bramwell • b. Dennis Hethcoat 6. Approval of the following reappointments to the Brazos County Emergency Services District(ESD)#2. The term of appointment is January 1, 2025 - December 31, 2026. • a. Michael Hering • b. Larry West Jr. 7. Consider and take action on the following donation request by Fain McDougal, Brazos County Chairman,Alamo Letter Society: • a.Acceptance of gift of the LETTER FROM THE ALAMO, a two foot by three foot, 202 pound bronze plaque similar to Lt. Col. William Barrett Travis' VICTORY OR DEATH letter currently placed on the front lawn of the Alamo in San Antonio, TX • b. Providing an appropriate location for the placement of the bronze plaque in or near the Brazos County Courthouse • c.Assisting the coordination of the Alamo Letter Dedication Ceremony at the Brazos County Courthouse 8. Approval of Official Public Bonds. 9. Request authorization to wire transfer up to $1,244,738.03 to HHSC for the Federal Fiscal Year(FFY)2023 Hospital Augmented Reimbursement Program (HARP). Retroactive Payment for the benefit of participating hospitals using funding from the: Brazos County Local Provider Participation Fund. 10. Request authorization to wire transfer to up $20,437.95 to HHSC for the Uncompensated Care Demonstration Year 9 Redistribution Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. 11. Approval of a City of Bryan Public Utility Easement for a water meter at the Medical Examiner's Office site at 3037 East 29th Street. Site is located in Precinct 2. 12. Approval of Change Order#1 to CI P#23-608 I&GN Road Reconstruction with Larry Young Paving, for additional days and labor in the amount of$1,494.00, increasing the total project amount to $5,905,937.25. 13. Approval of Amendment#2 to Contract#24-603 Construction Manager at Risk for the Medical Examiner's Facility with J.T. Vaughn Construction for the Guaranteed Maximum Price (GMP)#2 of$25,961,965.00. This is the final GMP package making the total contracted amount with J.T. Vaughn Construction $33,865,513.00 for this project. 14. Approval of the following Deductive Change Orders to CI P#24-614 Bridge Scour Repair with Solid Bridge Construction, decreasing the total contract amount to $1,677,208.90. • a. Oak Lake Road Change Order#1 -$80,000.00 • b. Grassbur Road Change Order#2-$21,500.00 • c. Democrat Road Change Order#1 -$25,000.00 • d. Alexander Road Change Order#1 -$54,264.00 • e. Pleasant Hill Road Change Order#1 -$25,000.00 15. Approval of Agreement#25-085 Post Residential Services with Harris County for Juvenile. 16. Permission to Advertise CI P#25-529 Architect for Ashford Hills Warehouse & Office Suites. 17. Approval of the following committee for RFQ CI P#25-560 Architect for 101 North Texas Avenue: • a. Trevor Lansdown • b. Traci Conde • c. William "Bill" Hadley • d. Brian Pratt • e. Clayton Watson-Citizen • f. Purchasing - Non-Voting • g. Legal - Non-Voting 18. Permission to Advertise CIP#25-562 Construction Manager at Risk for Ashford Hills Warehouse & Office Suites. 19. Approval of the following committee for RFQ CI P#25-563 Construction Manager at Risk for 101 North Texas Avenue: • a. Trevor Lansdown • b. Traci Conde • c. William "Bill" Hadley • d. Brian Pratt • e. Clayton Watson-Citizen • f. Purchasing - Non-Voting • g. Legal- Non-Voting 20. Approval of Engineering Services Proposals with Goodwin-Lasiter for the following county roads: • a. CIP#25-572 Democrat Road Reconstruction-$110,200.00 • b. CIP#25-573 Ferrill Creek Road Reconstruction-$158,000.00 • c. CI P#25-574 Dilly Shaw Tap Road Reconstruction-$80,500.00 21. Consider and take action to close, vacate and abandon a portion of Breckenridge Street (100' right-of-way) located between Block 10 and Block 25 of the town of Millican. Roadway was never built and there is no public interest served by retaining the original right of way. Site is located in Precinct 1. 22. Approval of the Final Plat of 7-11 Ranch Phase 1 Lots 42B-1, 42B-2 &42B-3 being a Replat of Lot 42B; 5.01 Acres,Andrew Millican Survey,A-39; Brazos County, Texas. Site is located in Precinct 1. 23. Approval of expenditure journal entry for Brazos County FY24-25, September 2024- November 2024 cash contribution of$44,946.19 to CSCD Specialty Court program. 24. Commissioners Court minutes for the following dates: • a. November 05, 2024 - Regular Meeting • b. November 12, 2024 - Regular Meeting • c. November 19, 2024 - Public Hearing • d. November 19, 2024 - Regular Meeting • e. November 19, 2024-Special Called Session • f. November 26, 2024 - Regular Meeting 25. Budget Amendments. • FY 24/25 Budget Amendments 10.01 - 10.03 26. Personnel Change of Status. • Approval of Personnel Change of Status 27. Payment of Claims. Approval of Payment of Claims: • a. 8206767 -8206876 • b. 9202988 -9203045 28. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. • b. Texas Government Code§551.074 to discuss the appointment, employment, evaluation, reassignment or duties of County Personnel. 29. Consider and possible action on Executive Sessions. 30. Acknowledgement of the Investment Report for Quarter Ending 09/30/2024. 31. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of December 4, 2024. Acknowledgement of the 2024-2025 Contingency Budget to Actuals by Fund as of December 4, 2024. 32. Juvenile director's report on detention population. 33. Sheriff's report on inmate population. 34. Announcement of interest items and possible future agenda topics. Commissioners Court will be canceled for the week of December 23-27, 2024 in observance of the Christmas holidays. The next Regular meeting for Commissioners Court will be Tuesday, December 31, 2024. 35. 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. Public participation sign-up sheets must be submitted at least five(5)minutes prior to the start of the posted meeting time. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting.Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court,with both judicial and legislative powers,created under Article V, Section 1 and Section 18 of the Texas Constitution.As a Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code.Accordingly, members of the public in attendance at any Regular,Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,and/or addressing the Court; in participating in public discussions before the Court;and in all actions in the presence of the Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member(or members)of the public to insult the honesty and/or integrity of the Court,as a body,or any member or members of the Court,or County employees,individually or collectively.Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated.Violation of these rules may result in the following sanctions: 1.cancellation of a speaker's time; 2.removal from the Commissioners Court; 3.a Contempt Citation;and/or 4.such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period,speakers may address matters not listed on the published agenda.The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public.To ensure the public has notice of all matters the Commissioners Court will consider,the County Judge and/or Commissioners may choose not to respond to public comments,except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court.The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the Brazos County Administration Building,200 S.Texas Avenue, Suite 106, Bryan,TX 77803 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. Pg of t BRAZOS COUNTY COMMISSIONER' S COURT 10 DAY OF_ Dec-e. 4e.rr , 20 OD €9/PM, Rty ietir Name Organization (PLEASE PRINT) (PLEASE PRINT) _Bahl,-4 P Lif-S_ P t w-r ' Co atiet:° Ct€ s MPt1 , 1 6-I ,4 (I() �'1 Vfn V\ G� ► �e v� A)1(st , A nLrj .0 J '� CrApa rlop LOtAA- AAL-kfOAR%-* b) vrtlivi &kAr+ alaii2-A1 PQ1l t,, J�( �. nib etA c l< t-.s ► �d ,e, wCt b Id -' AkStrw o oo:A/tUk° itA C61/4h- 0.0 _ 1I) 7 010 7 Pg c of BRAZOS COUNTY COMMISSIONER' S COURT ► e DAY OF v r„, r , 20 .2c 0'. 0 PM, Name Organization (PLEASE PRINT) (PLEASE PRINT) Al/1(1:k- (404rir it_df r-- r V r 111 Lp v.1 JAIc)o cd i e-trOlt LiO I(eti e 0--tv -z f OCCO i`n\NS`k c(J -ekn k. „. 4ke_ /1 ✓©e- �A�sAo��J 6 G PA/ LEtc CiitecL Bcii SveYuc-c /Ltcc S 13 u(11 -e-4 R3v--� Mmrci eku3-14-or 'g of t( BRAZOS COUNTY COMMISSIONER' S COURT DAY OF , , 20 ) O: of 11_9/ M, -R.e tA)1 ,r- Name Organization (PLEASE PRINT) (PLEASE PRINT) eo W\ 'WA 61‘41r1 611frid 19AV-301j (AVM WiAlAt RIKAV-S11(6 Cfa41(14 f\JMaftPi / 4 c APY flc-r-- Toe, Alien vco 01/ Ho' CO041 bbb )' 4 gar 1 `)'crol 50(itiLkti Ve.- \:-P( Irr tQ&\- -e-r Cr.fAb'r` M\o r:t 1- Cc-5 Pg 5/ofL . BRAZOS COUNTY COMMISSIONER' S COURT DAY OF 20 oci tow w u 64/13M, Z." ) LA .� Name Organization (PLEASE PRINT) (PLEASE PRINT) 1117AA-1142(` (37-7)1/4-1-k, 7-/ THE STATE OF TEXAS § COUNTY OF BRAZOS § ORDER(RESOLUTION)AUTHORIZING APPROVAL OF PROPOSED TEXAS STATEWIDE OPIOID SETTLEMENT AGREEMENTS BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Brazos County, Texas, held on the IO ' day of i)Q_CpOAVec , 2024, on motion made by )ke. (5Q�((' Commissioner of Precinct 3 and seconded by W(kAciQ 1(J C4, c< Commissioner of Precinct H, the following Order (Resolution) was adopted: WHEREAS, Brazos County obtained information indicating that certain drug companies and their corporate affiliates,parents, subsidiaries,and such other defendants as may be added to the litigation (collectively, "Defendants")have engaged in fraudulent and/or reckless marketing and/or distribution of opioids that have resulted in addictions and overdoses;and WHEREAS,these actions,conduct and misconduct have resulted in significant fmancial costs in the past to the County and will undoubtedly result in significant financial costs in the future;and WHEREAS,the County brought or has investigated claims against The Kroger Co. ("Kroger"), and certain other defendants related to potentially released claims; and (2) other defendants in the opioid supply chain on behalf of the County in In Re: Texas Opioid Litigation, MDL No. 2018-63587, currently pending in the 152nd District Court of Harris County, Texas and/or removed pending remand;and WHEREAS,on October 30,2024,the Kroger Defendant in the opioid litigation brought by the County, the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas political subdivisions entered into an Agreement entitled Kroger Texas Statewide Opioid Settlement Agreement and Release(hereinafter collectively the"Texas Agreement");and WHEREAS, Special Counsel and the State of Texas have recommended that the Brazos County Commissioners Court support the adoption and approval of the Texas Agreement in its entirety;and • WHEREAS, even though the payments from the settlements reflect partial compensation to Brazos County for the past damages it has suffered or the future damages it is likely to incur, given the risks of litigation,the fact that it is to the benefit of Texas and the County and its residents,and that it reduces I the risks associated with protracted litigation; NOW,THEREFORE,BE IT RESOLVED that we,the Commissioners Court of Brazos County: 1. Support the adoption and approval the Texas Agreement; 2. Authorizes the County to execute the Texas Release for the Texas Subdivision Participation Form and Release;and 3. Finds as follows: a. There is a substantial need for repayment of past opioid-related expenditures and payment to help abate current and future opioid-related harms in and about Brazos County,Texas;and b. The County Commissioners Court supports in its entirety the Texas Agreement. The County Commissioners Court understands that the purpose of each Settlement is to effectuate resolution of the Opioid Litigation against the Kroger Defendants. We also understand that an additional purpose is to ensure the effective means of distributing any potential settlement funds obtained under settlements in Texas and under the jurisdiction of Texas Courts in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic in this County and throughout Texas. The County is hereby authorized to approve and accept the Texas Agreement as set forth herein. The County Judge or designated official is hereby authorized to execute and deliver the settlement documents recommended for approval by Special Counsel in the above referenced case and to approve such terms and provisions for the full and final settlement of all matters set forth therein. SkDONE IN OPEN COURT on this the /0 day of __._. ,2024. COUNT TE Duane Peters,County Judge ATTE T: /6 R e CO,K'(1C.Du.r440__€.7.--D u-nty Clerk 2 • Exhibit A TEXAS SETTLEMENT SUBDIVISION PARTICIPATION AND RELEASE FORM Political Subdivision: Texas Brazos County • Authorized Official: CA -P Ve P a-r-e-g-s Address I: Address 2: City, State,Zip: VAL 11 1 C x,cs ad3 Phone: q,Z 9.- 2 fa 1—. Email: CDLit\- , j r.+.8G1e C bra1os cooker-r-y-hc. qoU The governmental entity identified above("Texas Political Subdivision"),in order to obtain and in consideration for the benefits provided to the Texas Political Subdivision pursuant to the Kroger Texas Settlement Agreement and Full Release of All Claims dated ("Kroger Texas Settlement"),and acting through the undersigned authorized official,hereby elects to participate in the Kroger Texas Settlement, release all Released Claims against all Released Entities,and agrees as follows. 1. The Texas Political Subdivision above is aware of and has reviewed the Kroger Settlement Agreement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Texas Political Subdivision elects to participate in the Kroger Texas Settlement and become a Participating Texas Political Subdivision as provided therein. 2. The Texas Political Subdivision shall immediately cease any and all litigation activities as to the Released Entities and Released Claims and, within 14 days of executing this Participation and Release Form, its counsel shall work with Kroger's • counsel to dismiss with prejudice any Released Claims that it has filed. 3. The Texas Political Subdivision agrees to the terms of the Kroger Texas Settlement pertaining to Texas Political Subdivisions as provided therein. 4. By agreeing to the terms of the Kroger Texas Settlement and becoming a Releasor, the Texas Political Subdivision is entitled to the benefits provided therein,including, if applicable,monetary payments beginning after the Effective Date of the Release. 5. The Texas Political Subdivision agrees to use any monies it received through the Kroger Texas Settlement solely for the purposes provided therein. A-I 6. The Texas Political Subdivision submits to the exclusive jurisdiction and authority of the Texas Consolidated Litigation Court as defined in the Kroger Texas Settlement. For the avoidance of doubt,nothing contained in this Participation and Release Form, or the Kroger Texas Settlement, constitutes consent to jurisdiction, express or implied,over the Texas Political Subdivision or its selected counsel to the jurisdiction of any other court(including without limitation MDL 2804,the MDL 2804 Fee Panel, the MDL 2804 Enforcement Committee, or the Court in which any Texas Consent Judgment is filed)for any purpose whatsoever. 7. The Texas Political Subdivision, as a Participating Texas Subdivision, has the right to enforce the Kroger Texas Settlement in the Texas Consolidated Litigation Court as provided therein. 8. The Texas Political Subdivision, as a Participating Texas Subdivision, hereby becomes a Releasor for all purposes in the Kroger Texas Settlement, including but not limited to all provisions of Section V(Release), and along with all departments, agencies,divisions,boards,commissions,districts,instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency,person, or other entity claiming by or through any of the foregoing,and any other entity identified in the definition of Releasor,provides for a release to the fullest extent of its authority. As a Releasor, the Texas Political Subdivision hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entities in any forum whatsoever. The releases provided for in the Kroger Texas Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entity the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Texas Political Subdivision to release claims. The Kroger Texas Settlement shall be a complete bar to any Released Claim. 9. The Texas Political Subdivision hereby takes on all rights and obligations of a Participating Texas Subdivision as set forth in the Kroger Texas Settlement. 10. In connection with the releases provided for in the Kroger Texas Settlement, each Texas Political Subdivision expressly waives, releases, and forever discharges any and all provisions,rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release;extent.A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A-2 A Releasor may hereafter discover facts other than or different from those which it knows,believes,or assumes to be true with respect to the Released Claims,but each Texas Political Subdivision hereby expressly waives and fully, finally, and forever settles,releases and discharges,upon the Effective Date,any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever,and which,if known,would materially affect the Governmental Entities' decision to participate in the Kroger Texas Settlement. 11. The Texas Political Subdivision acknowledges, agrees, and understands that the Maximum Texas Settlement Amount to be paid under the Kroger Texas Settlement for the benefit of the Participating Texas Political Subdivision,is less than or equal to the amount, in the aggregate, of the Alleged Harms allegedly suffered by the governmental entity, constitutes restitution and remediation for damage or harm allegedly caused by Kroger in order to restore, in whole or part, the governmental entity to the same position or condition that it would be in had it not suffered the Alleged Harms; and constitutes restitution and remediation for damage or harm allegedly caused by the potential violation of a law and/or is an amount paid to come into compliance with the law. 12.Nothing herein is intended to modify in any way the terms of the Kroger Texas Settlement Agreement,to which the Texas Political Subdivision hereby agrees.To the extent this Participation and Release Form is interpreted differently from the Kroger Texas Settlement,the Kroger Texas Settlement controls. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Texas Political Subdivision. Signature: Name: D uk Pc OE PE T'r zS Title: C ou-N Z14.(Jfot Date: l&I I O /a 9 • A-3 0 :..„. . A ,,/, ,,, . . , , .4.,,c)0 „ , ....„.,,,..:,:.,,, ,, v,„ .... e, _ ,.. ___ ,,, ... _______. BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Rachael Altman to the Brazos County Historical Commission The term of this appointment is January 1,2025—December 31,2026. ,% Duane Peters Date County Judge '43EOFT:. 1..4f1 . '4\-7\-Vt;...: 4, * Wr`9 O G ti • . •'T1, OF 844►-•.• BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Philip Barnes to the Brazos County Historical Commission The term of this appointment is January 1, 2025—December 31, 2026. C . ..-- -%•-----------. 417:2& e'cl-1-1/6 Duan Peters Da fr County Judge ,:::%" . . ‘-li -4:;7\ i* '. , ),:, *:k li\ . O� X=i ��0 • T4. YOFB� BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Allison Kay to the Brazos County Historical Commission The term of this appointment is January 1, 2025 —December 31, 2026. '''Cii-. —41.1111111 F/-- .;4 Duane Peters Date County Judge :...4' • , -‘ i t;..... i k \ 1 W .1 :.:* i \)4 * i Ty OF $ BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Sherry Frisk to the Brazos County Historical Commission The term of this appointment is January 1,2025 —December 31, 2026. cs... lb/ IL u /� Peters ate County Judge 9.NT E. O p : i.k.41 : ''''. . k.4:;%. .N i j *. OG .r e±yr' o 41T1' OF $4 BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Brandi Lampo to the Brazos County Historical Commission The term of this appointment is January 1,2025 —December 31,2026. C‘d -' - �v/Peters ate County Judge F NIEO . , ,' rQ WIA , O \ O CftlIY OF $ 4: . BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Henry Mayo to the Brazos County Historical Commission The term of this appointment is January 1, 2025—December 31,2026. -Mr/0/16‘ Dua e Peters i ate County Judge. '.NT E Op•••. �'s T . toil YOFB BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Thena Parrott to the Brazos County Historical Commission The term of this appointment is January I, 2025 —December 31,2026. //0/01-# D ne eters Date County Judge . ATE OF1;•: ..-tip ...,. .4,\,k, + .. if ® Nat ice O BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of William (Bill) Page to the Brazos County Historical Commission The term of this appointment is January 1, 2025 —December 31, 2026. C:c ...... ...mon.-- __ ,% Duane Peters D ate County Judge tEOp• S'S A,..• BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Ashley Schultz to the Brazos County Historical Commission The term of this appointment is January 1,2025—December 31, 2026. . 046 Duane Peters l ate County Judge • c E OF ;. ? . * l�f1 7� (tost •11' OFB4 BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Julie Schultz to the Brazos County Historical Commission The term of this appointment is January 1,2025 —December 31,2026. Duane eters D e County Judge * ' -'Nli,•- 1--'V * .i. \' / f • C� �� . .r Y OF Bg4� , BR ZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Mary Shearer to the Brazos County Historical Commission The term of this appointment is January 1, 2025 —December 31,2026. ,.,N. t.k.__.:_m Cc4-"------ Duane Peters Date County Judge :4 � �+,. :* '. --. /-)* i V LPT Y OF 81.� BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of • Vicki Smith Dicky to the Brazos County Historical Commission The term of this appointment is January 1,2025 —December 31, 2026. 'C: ?...,-,._............_Q)"....'rd Duane Peters Da e County Judge p►�E F T * \\) * ) ,/ �lirOF �4R` BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Helen Washington to the •Brazos County Historical Commission The term of this appointment is January 1,2025—December 31, 2026. • 1 �% Duane Peters D to County Judge From: Marsha D.Anderson To: Melissa L. Bouis Subject: FW:Agenda Item for 12-10-24 Commissioners Court Date: Wednesday,December 4,2024 5:06:55 PM A placeholder has been made. Original Message From: Steve HW.Aldrich<SAldrich@brazoscountytx.gov> Sent:Wednesday,December 4,2024 5:03 PM To:Marsha D.Anderson<MAnderson@brazoscountytx.gov> Subject:Agenda Item for 12-10-24 Commissioners Court Marsha, Please place an item on the 12-10-24 Commissioners Court meeting to reappoint Doug Bramwell Dennis Hethcoat To the Brazos County ESD 1 Board for terms 01-01-25 through 12-31-26 Steve Aldrich i:I ' 1 -PP— -11 7k. . CIV41/ Orss ..... F ' BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Larry West, Jr. to the Brazos County Emergency Services District #2 The term of this appointment is January 1,2025 —December 31,2026. \---S- 1:1LL-------- .... %), --- -240A46 Duane Peters Date County Judge S�1" E Op 1, O :* ( * : :-. \ , A Y ,..: BRAZOS COUNTY ERYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Michael Hering to the Brazos County Emergency Services District #2 The term of this appointment is January 1,2025 —December 31,2026. -)--7Lis9. 4°/254 Duane eters Date County Judge BRAZOS COUNTY,TEXAS .e'.. --'•, ACCEPTANCE OF DONATED/AWARDED PROPERTY r, DONATION OF COUNTY PROPERTY Date: 12/04/2024 rilAcceptance of Donated/Awarded Property riDonation of County Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation—NO VALUE ASSESSED) Item Description: Bronze Plaque Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNNIN#: nFunctional n Non-Functional. Explain if Non-Functional Additional Description/Information: Bronze Plaque-LETTER FROM THE ALAMO Estimated Value: $ 5,500.00 Check box for Capital Asset(value/initial cost is over$5000) Acceptance of Donated Property Donation of County Property Check the appropriate account based on Check the appropriate entity property being estimated value of property being accepted: donated to: El61235000(Donation-Other)* Government Entity: ❑ 60010000(Minor Property-$1-$4999) Organization Name Other(Due to Statuatory El 80010000(Capital Property-Over$5000) requirements prior approval is required by Purchasing: Organization Name *Donation—Other account 61235000 is to be used ONLY for cash/check frutds donated to Brazos County. I certify that the above-mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos nty. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such th' gs as efuin ss, projected operating, maintenance,and insurance costs. 0 Requesting Department: County Judge Department Name Authorized Signature Organization Receiving Donated Property: . Authorized Signature Approved missione Court on this C day of �.`e-nr��J lair c Commissioners Court Approval • From: fain(&mcdougalco.com To: Marsha D.Anderson Cc: janiegm(averizon.net Subject: THE ALAMO LETTER a gift from The Alamo Letter Society Date: Thursday,April 18,2024 5:19:18 PM Brazos County Disclaimer *****This is an email from an EXTERNAL source.DO NOT click links or open attachments unless you recognize the sender and have verified that the content is safe.Never enter USERNAME, PASSWORD or sensitive information on pages linked from this email.***** Marsha, The cost of THE ALAMO LETTER plaque is$4,000.00, the estimated cost to place the plaque is between $1,000.00 and $2,000.00 depending on the location and mounting and the estimated cost of the dedication Is approximately$500.00. For a total estimated cost of between $5,500 and $6,500,00. Please notify me if any additional information is needed. Thank you, Fain Fain McDougal, Brazos County Chair Alamo Letter Society 4207 Serrano Court Bryan,Texas 77802 979-229-3991 LETTER FRO `1`HE J A' '0. \il \(\, OF THE 1,1,1',10. :k HAIL 1.1 Ili i8115- Ti UHF P OPI t OF TEA;5& 1LL IMEKILANS 114 THE 1iORu).. FELT OW CI-WENS & COMP1TRIOTS 1M 11LSiLGL1!,WI A 1 ItrItIc VtiID lR'YIORE 01 1'UL AikAILAtiS • •'.ii 'IA 111%:1-I4111E S11%1 1\11)A(I)\111I'1EI#st1I11IIUMIWT 1'.`sON:pC"1111 r 1 HARIR%Xi1%I 4nT 111sT %;i r,-viHF ENI''I1' 19'6 1,l"1;\IlLI)A St'R4:t\OIR,1T I)141NI:t1Q1t,O1'HFR14'1SE,TOE :IRw'(S(1`. tll4. 'P(tI'•C I';1' it) IIII WED,II'1H1F. II1RTISTut N- 1 !?1! ; 1Osi1lNIl)THI I)1NI1',()11IrH4(:.1S\U SHOT,ItOIIR• FIIG flt tt:i1ISPRIlI1 I FROM If(1.t411.IS-1 till 11.l.\FAIRSURRENDER it Ist IlI 1T IHE\ I C1LL h`Y011IN THE NANO.QF 1,II1FRfY, OF c,- _ 11;.lt)T1551YS 11•I1,1 HONGItF'R'TO TIIEAtII'RIf 14(111R:1CTERTo t.• +sS}i IOtwit +II), ltllti AC( 1)ISI`.11tii - TIII. UtC%1Y is RE. •�` t : 1I4",I, T;1I\1011.1MI\I4 I1111% 1',I)N ill. \tiI)ts1'IlTISITRE-45'E 3 t• +1111 flit I-(ltl'.:IFI0tIS1;I) IN I(IFR ('R It1F i1ITS. :. t•. C- (' 1 iNs ( +1 I.Is \:-1,1 It TI II),I \ti l'111t,ell\II)'I()SllST1IN t* I, I'iIS''t;l! A DO lhE A S(1I PIER tl!IQ NEVER IS 1.1I:r IS Ill F 111 ills OW.. HONOR!,TII1TOF HIS t. :41'.RN VI: ;r.iRti OR,1I 4i?( ',tIII' \11'ti(111ITTR1l'lT tT.COI•CO iUT ' 'I I" IS: 1. T15I"I.- 0.11(\ 11li F%I531 WIN SHb fllti ; ,1, •; 1t II,i' SYY:i 11Y C1 t S011 S 01 (I)RN- WE 11111l 'Oka(I ( •.)I lc. III+'. R1'11 ly'i'sr 4 `'.R t.l I\11) TNL t,,, .11 , : 1•-.t1I•t I I'.t S- r, ,,,, 0t'Yf1-`IIA'1r1t WICUtMMClifiTTlli,R Slftd tt '1111 i% 11)4•D% %mNr IRIL-Coutsi11tilt4S4EN4TtiRiv ”411, • , ' a1 J V LA�.J kd`{s41� 4J,J Y+,.J \IRJ�J ,.) 7 , Brazos County .� i.• November 26 at 2:53 PM' The Alamo letter monument is now on permanent display in front of the Brazos County Courthouse.Thanks to all who helped make the dedication ceremony special. (Pictured L to R: Barry Graham, LW. McNutt, Fain McDougal,Tim Bryan, Rosser Newton, Kyle Jones) ii ,.., t " J �x t ", 14. . , • T} ` fi ice' , , y,r' � — - k _ � • ��s�w�fi.,arf4na3� t �I� � ".� �Meeaawaw..arta y mow..:,..= ,�aril i� a NW , •i 1. h+h '" yY7 1-_, ..t-i'.4 1:*--;-1 I - --.:77::::::.4;-77-"P'---4 i yit .i.„,..:.4 wi: 8 ' ...r. 't. P .° .. .,.„ •, • ,. , ,/ehlir'''AWN4, 'OF - . tom; .016 i w- '— F at. 'I 'r 14 S�t+��_ TA — '�% F,�a t j _ 'Y'ilcpQQ .14 .'�r bk G��Y O F$-.' BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 12/10/2024 ITEM: Approval of Official Public Bonds. TO: Commissioners Court DATE: 11/26/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: Fite Name Description Type No Attachments Available APPRO D Duane Peters Date County Judge https://brazos.novusagenda.camlAgendaWeb/CoverSheet.aspx?ItemID=29801 1/1 se fie' ! r`!01.�y •Tis • BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 12/10/2024 ITEM: Request authorization to wire transfer up to$1,244,738.03 to HHSC for the Federal Fiscal Year(FFY)2023 Hospital Augmented Reimbursement Program(HARP)Retroactive Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. TO: Commissioners Court FROM: Nina Payne DATE: 12/04/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Brazos County LPPF(Fund 16000) REQUIREMENTS: HHSC requires this IGT to be entered into TexNet no later than close of business Monday, December 16,2024,with a settlement date of Tuesday,December 17,2024. The Hospital Augmented Reimbursement Program(HARP)is a statewide supplemental program providing Medicaid payments to hospitals for inpatient and outpatient services that serve Texas Medicaid fee-for-service(FFS)patients. The program serves as a financial transition for providers historically participating in the Delivery System Reform Incentive NOTES/EXCEPTIONS: Payment program. HARP will provide additional funding to hospitals to assist in offsetting the cost hospitals incur while providing Medicaid services. The public HARP SPA was approved for non-state government-owned and-operated hospitals on August 31,2022. The private HARP SPA was approved for private hospitals on August 15,2023. Reimbursement rules are located at Title 1 of the Texas Administrative Code,Part 15, Chapter 355,Subchapter J,Division 4,Rule 8070. ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name. Description Type HARP_Retro IGT Notification_12.2024.pdf HARP IGT Memo Cover Memo FY23 HARP_Retro AQocatian_Summary_- HARE IGT Backup Backup Material _Brazos County LPPEpdf APPRO D Duane Peters Date Cc=:nty Judge Nina Payne From: Caroline Simpson <caroline@ahcv.com> Sent: Wednesday, December 4, 2024 4:25 PM To: Edward C. Bull; Nina Payne;Jamie L. Cartwright; Cristian T.Villarreal; Katie D. Conner Cc: Colt Sullivan;Zach Ervin;Justin Flores;Alex Russell Subject: FY23 HARP Retro - Brazos County LPPF Attachments: FY23 HARP Retro Allocation Summary - Brazos County LPPF.xlsx Brazos County Disclaimer *****This is an email from an EXTERNAL source.DO NOT click links or open attachments unless you recognize the sender and have verified that the content is safe.Never enter USERNAME,PASSWORD or sensitive information on pages linked from this email***** Hello, Brazos County Team, As you know,the upcoming HARP FY23 Retro IGT is taking place on Monday, December 16`". Accordingly, the hospitals participating within the Brazos County LPPF would like to request the following IGT amount noted below. (Please review the accompanying allocation.) FY23 HARP Retro-total requested IGT amount$1,244,738.03 HHSC requires this amount to be entered into TexNet no later than the close of business 12/16/2024 with a settlement date of 12/17/2024. These funds will need to be placed in the "HARP Private" bucket. Upon successful completion of the IGT, please submit the PDF of the TexNet Trace Sheets and allocation forms to hhscpfdharppayments@hhs.texas.gov. AHCV also kindly requests to be copied on the TexNet submission to HHSC on or before the deadline noted above. Please do not hesitate to contact us with any questions. Thank you, Caroline Simpson I Senior Financial Analyst Adelanto Healthcare Ventures, L.L.C. Mobile: 270-991-6430 Web:www.ahcv.com Email:caroline@ahcv.com 174 Saundersville Road,Suite 503&504 Hendersonville,TN 37075 1 Brazos County LPPF FY23 Retro HARP Facility Allocation Agenda Date: Tuesday, December 10, 2024 TexNet: Monday, December 16, 2024 Settlement Date: Tuesday, December 17, 2024 Bucket: "HARP Private" Bucket TRACE Number: %of SDA TPI Hospital Government Entity IGT Total Funding from IGT from GE GE MRSA Central 135226205 Baylor Scott&White Medical Center-Brenham Brazos County LPPF $ 17,007.40 100% $ 17,007.40 MRSA Central 326725404 Baylor Scott&White Medical Center-College Station Brazos County LPPF $ 368,927.59 100% $ 368,927.59 Travis 353712801 Baylor Scott&White Medical Center-Marble Falls Brazos County LPPF $ 21,957.98 100% $ 21,957.98 MRSA Central 127267603 St.Joseph Regional Health Center Brazos County LPPF $ 836,845.06 100% $ 836,845.06 Brazos County LPPF $1,244,738.03 $ 1,244,738.03 Total $1,244,738.03 $ 1,244,738.03 Nina Payne npayne@brazoscountytx.gov 979-361-4186 Katie Conner kconner@brazoscountytx.gov 979-361-4359 :ba YpF9 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: ITEM: Request authorization to wire transfer to up$20,437.95 to HHSC for the Uncompensated Care Demonstration Year 9 Redistribution Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. TO: Commissioners Court FROM: Nina Payne DATE: 12/04/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Brazos County LPPF(Fund 16000) Funds must be set up using TexNet system as required by HHSC. Last day to submit I GT REQUIREMENTS: on TexNet is Thursday,December 12,2024,with a settlement date of Friday,December 13, 2024. ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name Description Tvae UC_DY 9 IGT Notification 12.2024.pdf UC IGT Notification Cover Memo DY9 Redistribution MRSA Central Allocation Summary UC IGT Backup Backup Material _Brazos LPPF.pdf APPRO D Duane Peters Da e County Judge Nina Payne From: Caroline Simpson <caroline@ahcv.com> Sent: Wednesday, December 4, 2024 3:47 PM To: Edward C. Bull; Nina Payne;Jamie L. Cartwright; Cristian T.Villarreal; Katie D. Conner Cc: Colt Sullivan;Zach Ervin;Justin Flores;Alex Russell Subject: DY9 UC Redistribution - Brazos LPPF Attachments: DY9 Redistribution MRSA Central Allocation Summary- Brazos LPPF.xlsx Brazos County Disclaimer *****This is an email from an EXTERNAL source.DO NOT click links or open attachments unless you recognize the ' sender and have verified that the content is safe.Never enter USERNAME,PASSWORD or sensitive information on pages linked from this email.***** Hello Brazos County Team, As you know,the upcoming UC DY9 Redistribution IGT is taking place on Thursday, December 12th.Accordingly,the hospitals participating within the Brazos LPPF would like to request the following IGT amounts noted below. (Please review the accompanying allocation.) UC DY9 Redistribution—total requested IGT amount$20,437.95 • MRSA Central SDA: $20,437.95 HHSC requires these amounts to be entered into TexNet no later than the close of business 12/12/2024 with a settlement date of 12/13/2024. These funds will need to be placed in the "UC" Bucket. Upon successful completion of the IGT, please submit the PDF of the TexNet Trace Sheets and allocation forms to PFD UC Payments@hhs.texas.gov. AHCV also kindly requests to be copied on the TexNet submission to HHSC on or before the deadline noted above. Please do not hesitate to contact us with any questions. Thank you, Caroline Simpson I Senior Financial Analyst Adelanto Healthcare Ventures, L.L.C. Mobile:270-991-6430 Web:www.ahcv.com Email:caroline@ahcv.com 174 Saundersville Road,Suite 503&504 Hendersonville,TN 37075 1 Brazos County LPPF DY9 UC Redistribution/SDA Allocation Form Agenda Date: Tuesday, December 10, 2024 TexNet: Thursday, December 12, 2024 Settlement Date: Friday, December 13, 2024 Bucket: "UC" Bucket TRACE Number: The Trace Number is in the receipt you receive from the Comptroller once you have submitted your IGT into TexNet. The Trace Sheet and Allocation Form must be submitted together in the same email. All Trace Sheet submissions must be accompanied by an Allocation Form. If a governmental entity is submitting in multiple SDA's, a separate allocation form must be submitted for each SDA SDA Government Entity IGT Total MRSA Central Brazos County LPPF $ 20,437.95 Nina Payne npayne@brazoscountytx.gov 979-361-4186 Katie Conner kconner@brazoscountytx.gov 979-361-4359 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § COUNTY OF BRAZOS § PUBLIC UTILITY EASEMENT That BRAZOS COUNTY ,the undersigned property owner("Grantor"),with offices at 200 S.Texas Ave.,Suite 332, Bryan, TX 77803 for good and valuable consideration, the receipt of which is hereby acknowledged, do grant, sell, and convey unto the City of Bryan,a Municipal Corporation of Brazos County,Texas,with offices at 300 South Texas Avenue, Bryan,Brazos County,Texas its successors and assigns,("Grantee"),a Public Utility Easement,on,over,under,and across a certain tract of land situated in Brazos County,Texas, and described as follows: [Lot 1,Block 1, St.Joseph Professional Park,Vol.3006,Pg.315 ORBCT,John Austin League Survey,Abstract 2,Bryan,Brazos County, Texas] ("Property") Said Public Utility Easement being located within that area more particularly described in Exhibit"A"which is attached hereto and incorporated as if fully set forth herein("Easement Area"). The purpose of this Easement is to provide a space for utilities operating within the City to locate their infrastructure, including but not limited to natural gas,electricity,and telecommunications. This is a non-exclusive easement and Grantor may continue to use and enjoy the benefit of the Easement Area,provided that such use and enjoyment does not interfere with the Grantee's,or its assigns,use of the Easement Area in exercising the rights granted herein. Grantee has the right of ingress and egress over the Property as necessary to access the Easement Area for the purpose of exercising the rights under this Easement. Grantor further grants to Grantee the absolute right to assign this Public Utility Easement,in whole or part,to other utility providers without having to seek further consent from Grantor. The City of Bryan,or its assigns,may remove any improvement,obstruction,or other hindrance,without compensation to Grantor,in the course of construction,repair,or maintenance of the improvements to the Public Utility Easement. Grantor expressly subordinates all rights of surface use, incident to the mineral estate owned by Grantor to the Public Utility Easement uses of said surface by Grantee. TO HAVE AND TO HOLD unto the said Grantee as aforesaid, for the purposes aforesaid,the premises above described. When the context requires, singular nouns and pronouns include the plural. WITNESS my hand at Bryan,Texas, this day of ,20 . GRANTOR: BRAZOS COUNTY PUE November 2021 By: Printed Name: Title: THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME,the undersigned authority, a Notary Public in and for Brazos County,Texas on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that(he), (she) executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 20 . NOTARY PUBLIC COUNTY, TEXAS EASEMENT ACCEPTED: AFTER RECORDATION RETURN TO: Chairperson CITY OF BRYAN City of Bryan P.O.Box 1000 Site Development Review Committee Bryan, Texas 77805 ENGINEERING DEPT PUE November 2021 KE R R FIELD NOTES DESCRIPTION `SURVEYING OFA 15'x 25'WATER METER EASEMENT JOHN AUSTIN LEAGUE SURVEY,ABSTRACT 2 BRYAN,BRAZOS COUNTY,TEXAS. A FIELD NOTES DESCRIPTION OF A 15' x 25' WATER METER EASEMENT IN THE JOHN AUSTIN LEAGUE SURVEY, ABSTRACT 2,IN BRYAN, BRAZOS COUNTY,TEXAS,OVER,ACROSS AND UPON LOT 1,BLOCK 1 OF THE ST.JOSEPH PROFESSIONAL PARK (SUBDIVISION) FILED IN VOLUME 3006, PAGE 315 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY,TEXAS(ORBCT);SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod with blue plastic cap stamped'KERR SURVEYING'set at the southwest corner of said Lot 1, on the north side of E. 29th Street (a variable width right-of-way, appears to be prescriptive in nature),in the east line of a called 7,022 square foot tract of land described in a deed to Broadmoor Professional Building, LTD. recorded in Volume 8458, Page 221 of the Official Public Records of Brazos County, Texas (OPRBCT); THENCE,with the south line of said Lot 1, S 88°13'38"E,for a distance of 6.61 feet to a point for the POINT OF BEGINNING hereof,from which the City of Bryan monument GPS 113 bears N 74°38'09"W,a distance of 3,617.46 feet; THENCE,crossing said Lot 1,the following three(3) courses and distances: 1) N 01°31'02"E,a distance of 25.00 feet to a point for the northwest corner hereof; 2) S 88°13'38"E,a distance of 15.00 feet to a point for the northeast corner hereof;and 3) 5 01°31'02"W,a distance of 25.00 feet to a point on the south line of said Lot 1 for the southeast corner hereof,from which a 1/2 inch iron rod with blue plastic cap stamped'KERR SURVEYING'set at the southeast corner of said Lot 1 bears 5 88°13'38"E,a distance of 564.27 feet; 'Wage 24-1362.docx THENCE,with the south line of said Lot 1,along the northside of E.29'h Street,N 88°13'38"W,for a distance of 15.00 feet to the POINT OF BEGINNING hereof and containing 375 square feet,more or less. Surveyed on the ground December 2023 under my supervision. See plat prepared November 2024 for other information. The bearing basis for this survey is based on the Texas State Plane Coordinate System of 1983 (NAD83),Central Zone,Grid North as established from GPS observation using the Leica Smartnet NAD83(NA2011) Epoch 2010 Multi-year CURS Solution 2 (MYCS2). Distances described herein are surface distances. To obtain grid distances (not grid areas) divide by a combined scale factor of 1.00011182683777 (calculated using GE0ID12B). Reference drawing:24-1362-Exhibit. �CON-4 * r o;tf►k • • MICHAEL KONETSKI ..a ••* 6531 r r/ 9• 1�4 -41e s s i.c.)&�t® i _ _E 11/25/2024 s11F1�1, Michael (onetski Registered Professional Land Surveyor No.6531 KERR SURVEYING Kerr Surveying, LLC 11718 Briarcrest Dr.Bryan,TX 77802 Office:(979)268-3195 I Web:www.kerrlandsurveying.com 5urveysRkerrsurveying.net I TBPELS Firm No.10018500 Maga 24-1362.docx 1 / I / 1 i/ ' I 740- 1 20'WIDE PIPELINE EASEMENT / (557/269 DRBCT) i/ I // ' 20'WIDE UTILITY EASEMENT / / (3006/315 ORBCT) BROADMOOR PROFESSIONAL 11 BUILDING,LTD. LOT 1,BLOCK 1 CALLED 7,022 SQ.FT.TRACT I ST.JOSEPH PROFESSIONAL PARK 03458/2210PRBCT) (3006/315 ORBCT) °° � I N/F �` Y755125' 1Q 1 BRAZOS COUNTY,TEXAS -‘04 I WATER I 18719/264 OPRBCT I PO/NTOFCOMMENCEMENT METER I ru 1/Z INCH IRON ROD WIIHBLUE I EASEMENT 1 s 1/2 INCH IRON ROD WITH BLUE PLASTIC CAP STAMPED PLAST/CCAPSTAMPED '5E1ERR I (375 SQ.FT.) KERRSURVEY/NG'5ETAT THE SOUTHEASTCORNER SURVEYING SET ® I OF LOT1 BEARS 58B°°133B"E56427' -- COM COM A i rr I COM COM COM COM - LI LS ' - .— OA1.a -CO / ',toMf:- .. :CPM n '— OO. CINA. , CtM/ ''—+ . 'Oh jiff CALLED 0.0326 ACRE E.29TH STREET ROADWAY EASEMENT PO/NTOFBEG/NNING (A VARIABLE WIDTH CITY MAINTAINED RIGHT-OF-WAY, (1224/730 ORBCT) (CITY OF BRYAN MONUMENT GPS-113 APPEARS TO BE PRESCRIPTIVE IN NATURE) BEARS N 74°38'09"W 3,617.46') LEGEND: _ I DRBCT=DEED RECORDS OF N/F=NOW OR FORMERLY /' Q G®E�"r,9 C / BRAZOS COUNTY,TEXAS �' FQ.t�1 A O=RECORD INFORMATION /�S•Q- Ai ORBCT=OFFICIAL RECORDS OF i BRAZOS COUNTY,TEXAS m GAS METER MICHAEL KONETSKI SCALE:1"=20' ® PIPE LINE MARKER 1 1 i :4 6531 OPRBCT=OFFICIAL PUBLIC CONCRETE . ,p, i '.;` , .Q ; RECORDS OF BRAZOS COUNTY, I :'. J , .1• .0 LINE BEARING DISTANCE TEXAS APPROXIMATE LOCATION OF R'S L1 5 88°13'38"E 6.61' BURIED COMMUNICATIONS CABLE ' ' I L2 N 01°31'02"E 25.00' 1Z3/45fi=V NO PAGE 11 bs $� FROM PUBLICC COUNTY COM L3 5 88°13'38"E 15.00' RECORDS L4 5 01°31'02"W 25.00' L5 N 88°13'38"W 15.00' SURVEY PLAT GENERAL NOTES OF A 15'x25'WATER METER EASEMENT BEARING SYSTEM SHOWN HEREON IS BASED ON THE TEXAS COORDINATE OVER,ACROSS AND UPON SYSTEM OF 1983,CENTRAL ZONE(4203),GRID NORTH AS ESTABLISHED FROM LOT 1,BLOCK 1,ST.JOSEPH PROFESSIONAL PARK GPS OBSERVATION USING THE LEICA SMARTNET NAD83(NA2011)EPOCH 2010 MULTI-YEAR CURS SOLUTION 2(MYCSZ). VOLUME 3006,PAGE 315 ORBCT JOHN AUSTIN LEAGUE SURVEY,ABSTRACT 2 DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE BRYAN,BRAZOS COUNTY,TEXAS NOTED.TO OBTAIN GRID DISTANCES(NOT AREAS) DIVIDE BY A COMBINED SCALE FACTOR OF 1.00011182683777(CALCULATED USING GEOI012B). SCALE:1 INCH=20 FEET SURVEY DATE:12-19-2 0 23 1 PLAT DATE:11-25-2024 UNDERGROUND UTILITIES ARE APPROXIMATED BASED ON ABOVE GROUND 10B NUMBER:24-13621 CAD NAME:24-1352-EXHIBIT FEATURES, AVAILABLE MAPS AND MARKINGS BY UTILITY PROVIDERS. U R E MG E POINT FILE:MARIA-GTG(cant);23-1239 nob) ADDITIONAL UTILITIES MAY EXIST THAT ARE NOT SHOWN ON THIS SURVEY. DRAWN BY:WJB CHECKED BY:MK PREPARED BY:KERR SURVEYING,LLC THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES "When oneperson stands TBPELS FIRMft10018500 DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE 17188RIAR[RESTDRIIIE,BRYAN,TEXA571802 INTENDED TO BE ONE INSTRUMENT TOGETHER. to gain over another,the PHONE:(979)268-3195 facts must he uncovered" SURVEYSLa KERRSURVEYING.NET I KERRIANOSURVEYING.COM NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § COUNTY OF BRAZOS § PUBLIC UTILITY EASEMENT That BRAZOS COUNTY ,the undersigned property owner("Grantor"),with offices at 200 S.Texas Ave.,Suite 332, Bryan, TX 77803 for good and valuable consideration, the receipt of which is hereby acknowledged, do grant, sell, and convey unto the City of Bryan,a Municipal Corporation of Brazos County,Texas,with offices at 300 South Texas Avenue, Bryan,Brazos County,Texas its successors and assigns,("Grantee"),a Public Utility Easement,on,over,under,and across a certain tract of land situated in Brazos County, Texas,and described as follows: [Lot 1,Block 1,St.Joseph Professional Park,Vol.3006,Pg.315 ORBCT,John Austin League Survey,Abstract 2,Bryan,Brazos County,Texasi ("Property") Said Public Utility Easement being located within that area more particularly described in Exhibit"A"which is attached hereto and incorporated as if fully set forth herein("Easement Area"). The purpose of this Easement is to provide a space for utilities operating within the City to locate their infrastructure, including but not limited to natural gas,electricity,and telecommunications. This is a non-exclusive easement and Grantor may continue to use and enjoy the benefit of the Easement Area,provided that such use and enjoyment does not interfere with the Grantee's,or its assigns,use of the Easement Area in exercising the rights granted herein. Grantee has the right of ingress and egress over the Property as necessary to access the Easement Area for the purpose of exercising the rights under this Easement. Grantor further grants to Grantee the absolute right to assign this Public Utility Easement,in whole or part,to other utility providers without having to seek further consent from Grantor. The City of Bryan,or its assigns,may remove any improvement,obstruction,or other hindrance,without compensation to Grantor,in the course of construction,repair,or maintenance of the improvements to the Public Utility Easement. Grantor expressly subordinates all rights of surface use, incident to the mineral estate owned by Grantor to the Public Utility Easement uses of said surface by Grantee. TO HAVE AND TO HOLD unto the said Grantee as aforesaid,for the purposes aforesaid,the premises above described. When the context requires,singular nouns and pronouns include the plural. WITNESS my hand at Bryan,Texas,this 10 day of, ...C., . ,20 GRANTOR:BRAZOS COUNTY PUE November 2021 By: Printed Name: Ls., a.A-e3r3 Title: THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME,the undersigne authority,a Notary Public in and for Brazos County,Texas on this day personally appeared 1�J r — ,known to me to be the person whose name is PP U—�-- fa—subscribed to the foregoing instrument, and acknowledged to me that(he),(she)executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this t b day of YkQ--A—. . , C—C)S.***C. MANA "earvAANDERSON�� 1.4-...p.—GiY1cSAN>kJ NOTARY LIC �v MyC State of Texas x..:, �n'�YIS,Zo27! RA2 COUNTY,TEXAS EASEMENT ACCEPTED: AFTER RECORDATION RETURN TO: Chairperson CITY OF BRYAN City of Bryan P.O.Box 1000 Site Development Review Committee Bryan,Texas 77805 ENGINEERING DEPT PUE November 2021 I(ERR FIELD NOTES DESCRIPTION `SURVEYING OFA 15'x 25'WATER METER EASEMENT JOHN AUSTIN LEAGUE SURVEY,ABSTRACT 2 BRYAN,BRAZOS COUNTY,TEXAS A FIELD NOTES DESCRIPTION OF A 15' x 25'WATER METER EASEMENT IN THE JOHN AUSTIN LEAGUE SURVEY, ABSTRACT 2,IN BRYAN,BRAZOS COUNTY,TEXAS,OVER,ACROSS AND UPON LOT 1,BLOCK 1 OF THE ST.JOSEPH PROFESSIONAL PARK (SUBDIVISION) FILED IN VOLUME 3006, PAGE 315 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY,TEXAS(ORBCT);SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod with blue plastic cap stamped'KERR SURVEYING'set at the southwest corner of said Lot 1, an the north side of E. 29'h Street (a variable width right-of-way, appears to be prescriptive in nature),in the east line of a called 7,022 square foot tract of land described in a deed to Broadmoor Professional Building, LTD. recorded in Volume 8458, Page 221 of the Official Public Records of Brazos County, Texas (OPRBCT); THENCE,with the south line of said Lot 1,S 88°13'38"E,for a distance of 6.61 feet to a point for the POINT OF BEGINNING hereof,from which the City of Bryan monument GPS 113 bears N 74°38'09"W,a distance of 3,617.4G feet; THENCE,crossing said Lot 1,the following three(3)courses and distances: 1) N 01°31'02"E,a distance of 25.00 feet to a point for the northwest corner hereof; 2) S 8B°13'38"E,a distance of 15.00 feet to a point for the northeast corner hereof;and 3) 5 01°31'02"W,a distance of 25.00 feet to a point an the south line of said Lot 1 for the southeast corner hereof,from which a 1/2 inch iron rod with blue plastic cap stamped'KERR SURVEYING'set at the southeast corner of said Lot 1 bears 5 88°13'38"E,a distance of 564.27 feet; 1lPage 24-1362.dacx • THENCE,with the south line of said Lot 1,along the northside of E.29'h Street,N 88'13'38"W,for a distance of 15.00 feet to the POINT OF BEGINNING hereof and containing 375 square feet,more or less. Surveyed on the ground December 2023 under my supervision. See plat prepared November 2024 for other information.The bearing basis for this survey is based on the Texas State Plane Coordinate System of 1983 (NAO83),Central Zone,Grid North as established from GPS observation using the Leica Smartnet NAD83(NA2011) Epoch 2010 Multi-year CORS Solution 2 (MYC52). Distances described herein are surface distances.To obtain grid distances (not grid areas) divide by a combined scale factor of 1.00011182683777 (calculated using GE01012B).Reference drawing:24-1362-Exhibit. y. MICHAEL KONETSKI •;� 6531 �r n� )� � cile.a.sstio O�'r /1 - oZ• 11/25/2024 ., SCpV � r Michael onetski Registered Professional Land Surveyor No.6531 KER SURVEYING Kerr Surveying,LLC 11718 Briarcrest Dr.Bryan,TX 77802 Office:(979)268-3195 I Web:www.kerrlandsurveying.com Survegs1a kerrsurveying.net I TBPELS Firm No.10018500 21Page 24-1362.docx •i r I • / / / /' 61 // '. I 20'WIDE PIPELINE EASEMENT / .,i (557/269 ORBCT) / �Q� �/ //' ��V ! 20'WIDE UTILITY EASEMENT / �b (30061315 ORBCT) (r� BROAOMOOR PROFESSIONAL I V� BUILDING,LTD. r LOT 1,BLOCK1 CALLED 7,022 SQ.Ft.TRACT ST.IDSEPH PROFESSIONAL PARK ��V (8459/221 OPRBCf) / (3006/315ORBCT) Q� ' I N/F ‘ , 15'1(Z5' 1 j BRAZOS N/F BRAZOS % I WATER I I 18719/264 DPRBCT � POINT OF COMMENCEMENT METER I ru V2INCN/RONROOWOYB/I/E I EASEMENT is1/2/NCNIRDNRDDWITNBLUEPLQSTICCAPSTAMPEO P1A51/CCAP57AMPEU7ERR I (375SQ.FT.) A'ERRSURVEYIN6'SETAT THE SOUTNEASTCORNER SURYEYINGSET ® I OFLOTIBEAR5588°1338'E56427 .- --- COW COM 4h i„ r COM COM COM COM ail LS OM. � .• • --r- • ..c1' •• `' •• tdt�l" • CefNr_ .Clim ..•:taro i CALLED 0.0326ACRE E.29TH STREET ROADWAY EASEMENT POINT OFBEGINNING' (A VARIABLE WIDTH CITY MAINTAINED RIGHT-OF-WAY, (1224/730 ORBCT) (CITY OF BRYAN MONUMENT GPS-113 APPEARS TO BE PRESCRIPTIVE IN NATURE) BEARS N 74°38'09°W 3,617.46') LEGEND: OFT `` :c �. �1 BRET=DEED RECORDS N1F=NOW QRFORMERLY !, �lp*,t,Q.9 i ()=RECORD INFORMATION !!�� OARCT=OFFICIAL RECORDS OF , BRAZOS COUNTY,TEXAS l GAS METER • MICHAEL KONETSKI % SCALE:1"=20' ® PIPE LINE MARKER ,, 6531 r OPRBCT=OFFICIAL PUBLIC CONCRETE 'P '•'' RECORDS OF BRAZOS COUNTY, ,••••. .. I )(or . (1•"•p" LINE BEARING DISTANCE TEXAS APPROXIMATE LOCATION OF R' - { L1 5 88°13'38°E 6.51' 1231456=VOLUME AND PAGE BURIED COMMUNICATIONS CABLE '•.-f 120 f ZT L2 N Ol°31'02"E 25.00' FROM PUBLIC COUNTY COM 1 1 ° L3 5 8B°13'38"E 15.00' RECORDS L4 5 01°31'02"W 25.00' L5 N 8813'38"W 15.00' SURVEY PLAT GENERAL NOTESOF A 15'x25'WATER METER EASEMENT BEARING SYSTEM SHOWN HEREON IS BASED ON THE TEXAS COORDINATE OVER,ACROSS AND UPON SYSTEM OF 1983,CENTRAL ZONE(4203),GRID NORTH AS ESTABLISHEO FROM LOT 1,BLOCK 1,ST.JOSEPH PROFESSIONAL PARK GM OBSERVATION USING THE LED SMARTNET NADB3(NAME)EPOCH 2O10 MULTI-YEAR[ORS SOLUTION 2(MYCS2). VOLUME 3006,PAGE 315 ORBCT JOHN AUSTIN LEAGUE SURVEY,ABSTRACT 2 DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE BRYAN,BRAZOS COUNTY,TEXAS NOTED.TO OBTAIN GRID DISTANCES(NOT AREAS)DIVIDE BY A COMBINED SCALE FACTOR OF 1.000111826837T/(CALCULATED USING GEOID12B). SCALE:I INCH=20 FEET SURVEY DATE:1219.2023(PLAT DATE:11.25-2024 UNDERGROUND UTILITIES ARE APPROXIMATED BASED ON ABOVE GROUND �Ci 108 NUMBER:24-1362I CAD NAME:24.1352-EXHIBIT FEATURES, AVAILABLE MAPS AND MARKINGS BY UTILITY PROVIDERS. UR E INI6 POINT FILE:MARIA-GIG(cant);23-1239 Gob) ADDITIONAL UTILITIES MAY EXIST THAT ARE NOT SHOWN ON THIS SURVEY. DRAWN BY:WJB CHECKED BY:MK PREPARED BY:KERR SURVEYING,Llt THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES °When oneperson stands TBPELS FIRMN10018500 DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE 17188RIARCRESTDRIVE,BRYAN,TEXA577802 INTENDED TO DE ONE INSTRUMENT TOGETHER to gain over another,the PHONE:(979)268-3195 facts must be uncovered' SURVEYS5KERR9URVEYING.NETIXERHIAN➢SURVEYINGXOM CHANGE ORDER#1 Date of issuance: 12/4/2024 Owner: Brazos County Road&Bridge Owner's Contract No.: CIP#23-608 Contractor: Larry Young Paving Engineer's Project No.: 619027 Project: I&GN Road The Contract is modified as follows upon execution of this Change Order: Description:Vapor barrier installed at STA 8+40-STA 9+50.This change order also includes additional days added to contract from Authorization to Use Contingency(AUC).#2. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT ITEMS FOR l&GN ROAD Original Contract Price: Original Contract Times:220 Days $5.904,443.25 Substantial Completion:July 25,2024 Ready for Final Payment:Auqusi 24,2024 Change from previously approved Change Order:NIA: Change from previously approved Change Orders:N/A $0.00 Substantial Completion:July 25,2024 Ready for Final Payment:Auaust 24,2024 Contract Price prior to this Change Order: Contract Times prior to this Change Order:120 days- $5,904,443.25 Substantial Completion:November 22,2024 Ready for Final Payment:December 22,2025 Change of this Change Order: Increase of this Change Order: Additional Days:25 days $1,494.00 Substantial Completion:December 17,2024 Ready for Final Payment:January 16,2025 Contractor Price incorporating this Change Order. Contract Times with all approved Change Orders: $5,905.937.25 Substantial Completion:December 17,2024 Ready for Final Payment:January 16,2025 AP OVED: ACCEPTED: By: Owner(Authori d Signature) Contractor(Authorized Signature) Title: a O Tit e:P/i /Z?.Q D/ $!/i. /7dae Date: LI/ Date: D RECOMMENDED:X. 74/1. Date: 12/4/2024 By, Title: CIVIL ENGINEER - • • AGREEMENT FOR I&GN ROAD- RECONSTRUCTION RFP # CIP 23-608 BRAZOS COUNTY, TEXAS Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 1 TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract • Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 2 AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the I&GN ROAD RECONSTRUCTION, Brazos County, Texas, in the amount of FIVE MILLION, NINE HUNDRED AND FOUR THOUSAND, FOUR HUNDRED AND FORTY THREE DOLLARS AND TWENTY FIVE CENTS ($5,904,443.25) is entered into this day of October 2023 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and LARRY YOUNG PAVING INC., (hereinafter referred to as "Contractor"). The I&GN ROAD RECONSTRUCTION is hereinafter referred to as the "Project." The Engineer for the Project is the firm of GLS and is hereinafter referred to as "Engineer." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ("Contract Documents") consist of the Agreement between Owner and Contractor (hereinafter the "Agreement"), Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP#CIP 23-608 and the Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or(4) a clarification, interpretation or written order for a minor change in the Work issued by the Engineer. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub-paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ("Contract"). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Engineer or Engineer's consultants; (2) between the Owner and a Subcontractor or Sub—subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Engineer shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Engineer's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 3 Although not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is the rehabilitation of the I&GN ROAD RECONSTRUCTION in Brazos County, Texas as specified in the Contract Documents. • The Project may include construction by the Owner or by separate contractors. • 1.1.4.1 SUMMARY OF THE WORK: This project consists of the rehabilitation of a portion of l&GN Road. 1.1.5 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems,standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and .local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 4 .6 Day: A calendar day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Engineer approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Engineer, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Engineer and Owner. .8 Date of Final Completion: The date when Engineer and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not—In—Contract ( N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A .change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. .18 Agreement/Contract: Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 5 the Work. .19 Critical Path: The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and • connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb,with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent • Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 6 required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub-contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document,the better quality and the greater quantity of work shall be provided unless otherwise directed by Engineer. 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration of Items: Lists of"work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (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. . Agreement for Construction—I&GN Road Reconstruction RFP CI?23-608 Page 7 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 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. 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 Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 8 versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub- subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer, Engineer's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub- subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub-subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub- subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, any claim or liabilities arising out of such use. Agreement for Construction—I&GN Road Reconstruction RFP CIF 23-608 Page 9 ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is Capital Project Manager, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7,which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals,.easements, assessments and charges required for construction. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief.Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 10 however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled.to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Engineer's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Engineer. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner-Contractor Agreement, as a direct result of the Engineer's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor(unless specifically agreed upon): .1 Partial Substantial Completion; .2 Substantial Completion when it occurs prior to the expiration of the Construction Time. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 11 ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Engineer as a properly prepared, timely Request For Information (RFI) in such form as the Engineer may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Engineer, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Engineer any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Engineer may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Engineer in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 12 omission or difference and knowingly failed to report it to the Engineer. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Engineer and shall not proceed with that portion of the Work without further written instructions from the Engineer. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP Section 8(f). 3.3.7 Lavout/grades will be per plans. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 13 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Engineer and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Engineer that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Engineer and properly accepted and authorized by Engineer, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Engineer whether or not such submittal has been reviewed or stamped by Engineer. Notice must be specific and transmitted in letter form. If required by Owner or Engineer, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Engineer, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition,together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 14 Contract, whether or not any portion or trade has been assigned or sub—let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 .Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 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 • Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 15 concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor requires all Subcontractors, Sub-subcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 16 .2 Contractor's costs 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 $200,000.00 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section 8(f). 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Engineer the name and qualifications of a proposed superintendent. The Owner or Engineer may reply within fourteen (14) days to the Contractor in writing stating: (1)whether the Owner or Engineer has reasonable objection to the proposed superintendent, or (2) that the Owner or Engineer requires additional time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly(within ten (10) days)after notification of contract award, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to • the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Engineer, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Engineer's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 17 and allows the Engineer reasonable time, as defined by the Engineer to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Engineer and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub—subcontractor, • manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Engineer without action. Agreement for Construction—I&GN Road Reconstruction RFP CEP 23-608 Page 18 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub-contractor represent to the Owner and Engineer that the Contractor and Sub-contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In absence of such written notice the Engineer's approval of a re-submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Engineer or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the. Engineer. Agreement for Construction—I&GN Road Reconstruction RFP CEP 23-608 Page 19 The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10,the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP • 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 20 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the.Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Engineer. 3.18 INDEMNIFICATION 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND. REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY(OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO,ARISING OUT OF OR IN CONNECTION WITH: (A)A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB-CONTRACTORS, SUB-SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES;(2)MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 21 OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub-Sub-contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Engineer, the Engineer's consultants and agents and employees of any of them arising out of: (1)the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions or instructions by the Engineer, the Engineer's consultants and agents and employees of any of them, provided such giving, or failure to give, is the primary cause of the injury or damage. The indemnity for the Engineer, the Engineer's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Engineer, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be approved in writing by Engineer or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Engineer for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Engineer. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving • additional instructions from Engineer. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Engineer, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Engineer, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 22 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break—down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Engineer. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Engineer and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (at a maximum, in calendar days) Day 0 Contractors receipt of Notice to Proceed Submittals, as needed, to be provided within a reasonable time. Day 220: Contractor attains Substantial Completion Day 250: Contractor attains Final Completion 4.1 ENGINEER 4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term"Engineer'means the Engineer or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "NE," or "Engineer/Engineer" shall mean Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or .extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 23 modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems necessary: (1) to.become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on-site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for,the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and will not be responsible for construction means, methods,.techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule.The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 24 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority.shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Engineer's services and expenses. 4.2.7 The Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Engineer is limited to only those submittals required by the Contract Documents. The Engineer's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Engineer's professional judgment to permit adequate review by the Engineer, Engineer's consultants and Owner, if needed. Review of such submittals is not 'conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Engineer's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Engineer's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Engineer, of any construction means, methods, techniques, sequences or procedures. The Engineer's review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Engineer will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Engineer may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Engineer may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10 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 Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 25 made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until twenty (21) days after written request is received. 4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Engineer's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Engineer, this shall include showing in CPM format, both critical and non-critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Engineer. Claims, including those alleging an error or omission by the Engineer, shall be referred initially to the Engineer for action as provided in Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or(2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Engineer and the other party. An additional Claim made after the initial Claim has been implemented by Change Order Agreement for Construction—I&GN Road Reconstruction RPP CIP 23-608 Page 26 will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub-paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which • differ materially from those indicated in the Contract Documents, or(2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Engineer will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different,from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Engineer has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this'Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 27 • 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated,that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 28 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and or any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed)or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty(30) days have passed after the Claim has been referred to the Engineer with no decision • having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or to 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. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 29 • ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub— • subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub—subcontractor or an authorized representative of the Sub— subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub-subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. • 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 'Page 30 for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Engineer. Each subcontractor agreement shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub—subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub—subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub-subcontractor, or other levels of contractors and subcontractors, and Owner or Engineer, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty(30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 31 ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. if the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term,"Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner—Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including,without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 32 or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed • activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for 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. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 33 • listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and signed 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; Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 34 .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Engineer will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Engineer has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than two hundred and twenty (220) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon the final approval Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 35 of the Agreement, receipt of performance and 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 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, Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 36 and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall"be extended by Change Order for such reasonable time as the Engineer and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall,be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 37 or re-execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is FIVE MILLION, NINE HUNDRED AND FOUR THOUSAND, FOUR HUNDRED AND FORTY THREE DOLLARS AND TWENTY FIVE CENTS ($5,904,443.25) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Engineer a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Engineer will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each progress payment, the Contractor shall submit to the Engineer an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the . most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Engineer may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance,storage and transportation to the site for such materials and equipment stored off the site. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 38 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and.Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion,to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made • exhaustive or continuous on—site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the •Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will,promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 39 subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub-contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub-contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub—subcontractors in similar manner. 9.6.3 The Engineer. will, on request, furnish to a Sub-contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub-contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 40 contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven (7) additional days'written notice to the Owner or Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut—down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 41 of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed,that the Work is ready for final inspection and acceptance and upon receipt of a final Application Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 42 for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on-site visits and • inspections, the Work has been sufficiently completed in accordance with terms and• conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's .being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate,with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied;(2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled'or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully •completed and accepted shall by submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30)days after final Certificate for Payment has been issued by Engineer. Agreement for Construction—I&GN Road Reconstruction RFP CEP 23-608 Page 43 9.10.4The 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. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and Engineer and their consultants and employees; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub—subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances,, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 44 demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Engineer, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub—subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permitany part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site Of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 45 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM)requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all•MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Engineer for Project site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi-employer citation provision. 10.2.13 The Contractor shall notify Owner's and Engineer's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Engineer's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, in writing,with a copy to the Engineer. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 46 reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4 The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 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. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 47 property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's . obligations under Paragraph 3.18. (6) Owned, non-owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 48 extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability:$ 500,000 each accident $ 500,000 disease, policy limit $ 500,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises- Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five (5) year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $ 1,000,000 each occurrence (b) Property Damage: $ 1,000,000 each occurrence $ 2,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 49 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $ 100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. (d) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self-insured hazards each occurrence 7. Business Auto Liability (including owned, non-owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 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 Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 50 $ 1,000,000 aggregate .2 Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus Engineer fees, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub- subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub- subcontractors as their interests may appear in amount equal to contract sum for the Work. If Owner is damaged by failure of Contractor to maintain such insurance, then Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including,without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Engineer's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond,"each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 51 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney-in-fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5 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 requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Engineer, be uncovered for the Engineer's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Engineer,Owner or governing authority has not specifically requested to examine prior to its being covered, the Engineer, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Engineer, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 52 rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between, Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one (1)year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant-to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 53 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County,Texas. Respondent(s)understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 54 payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes,, rules or regulations, all costs made,necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector(if any). Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 55 13.5.5 If the Engineer, Owner or Project inspector(if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion;color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or, termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and .applicants for employment, notices setting forth policies of nondiscrimination. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 56 .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub— subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 • if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead', profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may, upon seven (7) additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 57 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment.and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and • .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 58 and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Engineer, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Engineer, expressed in writing, meet or exceed the characteristics of the specified items. Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 59 ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested,directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his • office or position. Any violation of this Article with the knowledge, express or implied, of • the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 • PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code,Title 10, requires state:agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 AUTHORITY TO CONTRACT • The County Judge is authorized to execute this Agreement upon the Commissioners Court's approval of the Agreement as set forth in the minutes of the Court's Ocrc 6(t. al+ , 2023, meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1) to the Engineer for use in the administration of the Contract, and the remainder to the Owner. OWNER:. BRAZOS COU Y, TEXAS Date: t c/-4-a 3 Brazos Co my Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: LARRY YOUNG AVIN C. • Date: 19��y�y� LARRY YOUNG PAVING, INC. Agreement for Construction-1&GN Road Reconstruction RFP C1P 23-608 Page 60 ATTACHMENT "A" I&GN ROAD RECONSTRUCTION REQUEST FOR PROPOSAL CIP 23-608 Agreement for Construction—I&GN Road Reconstruction RFP CIP 23-608 Page 61 c�4�' .( '' ,o OF REQUEST FOR PROPOSALS RFP NO. CIP 23-608 I&GN Road Reconstruction SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, September 19, 2023, 2:00pm CST TO THE: BRAZOSCOUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the RFP. Any such contact will be grounds for rejection of the vendor's proposal. In compliance with this solicitation, the undersigned proposer having examined the solicitation and specifications and being familiar with the conditions to be met, hereby•submits the following RFP for furnishing the material and/or services listed on the attached bid form and agrees to deliver said items at the locations and for the prices set forth on the bid form. Company Name: Lairiel4 ki,lt.n rod\Vlc� I h L • 1 By(Print): 1`1.Qu(V (c C. I . IA 1 P.A✓ Title: Q) Physical Address: 1 3, Si\VD/ \A 1 It )-- /1 I 6'1 u Mailing Address: b �o x �� ph., a-•— Telephone:W .7,tkc,<,6 Fax:q1,61 %XS L{'!t4 E-Mail:lnsloeataualawitios urivi, corn T. PROPOSAL EVALUATION WAIVER By submitting a proposal or response, each Proposer/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Proposal or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The Proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals,and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. STATEMENT OF AFFIRMATION The undersigned affirms that he/she is duly authorized to execute this waiver by the person(s) or business entity making the proposal. Firm's Name: 1,Q'ul Kit I alit/ rg j hP I h C •• • J - Address: Pv T \\'i'� GI b11-5,{, /b 1T� ')'1 Proposer's Name: S 4 Position/Title: Proposer's Signature:. Date: 4•a°t 97 Subscribed and sworn to me on this 2.q day of in the year 2-0 2-3 amW &WLS No Public � YPi JAN1IE E. EANES tip` �a'. ter° :Notary Public,State of Texas \okNor ;' �; Comm.Expires 10-31-2027 My Commission expires ''�a' ; s Nutary ID 132233279 U. ADDENDA The undersigned acknowledges responsibility for all addenda issued prior to closing date. No addenda will be issued less than 48 hours prior to the solicitation submission deadline. No. No. No. Date 01. 1 a3 Date Date 18 I Page V. CERTIFICATION OF PROPOSAL The undersigned affirms that they are du thorized to execute this contract, that this bid has not been prepared in collusion wits .ny othe• Contractor, and that the contents of this bid have not been communicated to .ny • er Con .ctor prior to the official opening. Signed By: _ itle: Ciob Typed Name: Max k c61A1 h Company Name: lAvol `-1 Run 190V%1 I h G • Mailing Address: f b 6p1/41 I t P.O. Box or Street City State Zip • Employer Identification Number: 9,•0 — 3 1313 .0-,0 nq Pa it, i CORPORATE SEAL IF SUBMITTED BY A CORPORATION 5 r •�. •s END OF RFP NO. CIP 23-608 _--I; 0 By signing below, Brazos County agrees that this RFP CIP 23-608 will be award'div. eX\ '• vendor whose name appears above and both parties agree to the terms and coilitioits•••• .\' contained herein. i,/"tit t i t i 5```‘‘• By:Brazos County Commissioner's Court Date: Q cro 3 ‘2- c -4 02 0 023 Attest:Brazos County Clerk 19 I Page BID FORM Addendum#1 -REVISED 18,GN Road Rehabiliation Brazos County,Texas GE Job#:17-0790,GLS Job#:619027 "' General Items '- - Item# Item Quantity Units Unit Cost Total 100 Mobilization,Bonds,and Insurance 1 LS $ 300,000.00 $ 300,000.00 101 Traffic Control 1 LS $ 75,000.00 $ 75,000.00 102 Erosion Control 1 LS $ 56,000.00 $ 56,000.00 103 Temporary Mailboxes 37 EA $ 85.00 $ 3,145.00 104 Permanent Single Mailbox 20 EA $ 580.00 $ 11,600.00 105 Permanent Double Mailbox 2 EA $ 680.00 $ 1,360.00 106 Permanent Multiple Mailbox 3 EA $ 1,300.00 $ 3,900.00 107 Permanent T-Post 5 Strand Fence 2611 LF $ 11.00 $ 28,721.00 108 Roadway Signage 13 EA $ 1,100.00 $ 14,300.00 109 36"x36"Stop Sign 7 EA $ 1,400.00 $ 9,800.00 110 Stop Bar Striping 7 EA $ 180.00 $ 1,260.00 111 Temporary Fencing(-680 LF) 1 LS $ 7,200.00 $ 7,200.00 Sub Total-General Items $ 512,286.00 • Demolition .. _ �,_. _'.`::'._.., _ _ .__.._ _ . ...: '. .. ._. •- item Item Quantity Units Unit Cost Total 200 Remove Existing Culverts 1061 LF $ 21.00 $ 22,281.00 201 Remove Existing Concrete Headwalls 50 LF $ 94.00 $ 4,700.00 202 Clearing&Grubbing 1 LS $ 51,000.00 $ 51,000.00 Sub Total-Demolition $ 77,981.00 Storm!Drainage Item# Item Quantity Units Unit Cost Total 300 Trench Safety 1,652 LF $ 0.50 $ 826.00 301 15"4:1 Safety End Treatments,Complete in place 24 EA $ 1,100.00 $ 26,400.00 302 18"4:1 Safety End.Treatments,Complete in place 26 EA $ 1,100.00 $ 28,600.00 303 21"4:1 Safety End Treatments,Complete in place 2 EA $ 1,700.00 $ 3,400.00 304 24"4:1 Safety End Treatments,Complete in place 10 EA $ 1,700.00 $ 17,000.00 305 30"4:1 Safety End Treatments,Complete in place 2 EA $ 2,700.00 $ 5,400.00 306 15"RCP Class III Pipe 560 LF $ 100.00 $ 56,000.00 307 18"RCP Class III Pipe 520 LF $ 100.00 $ 52,000.00 308 21"RCP Class III Pipe 48 LF $ 130.00 $ 6,240.00 309 24"RCP Class III Pipe 264 LF $ 130.00 $ 34,320.00 310 30"RCP Class III Pipe 48 LF $ 160.00 $ 7,680.00 311 Culvert Markers,Complete in Place 10 EA $ 160.00 $ 1,600.00 312 2-60"RCP Class IV Pipe(STA 13+29.64) 55 LF $ 1,400.00 $ 77,000.00 313 3-30"RCP Class IV Pipe(STA 46+96.50) 51 LF $ 560.00 $ 28,560.00 314 3-60"RCP Class IV Pipe(STA 38+62.44) 53 IF $ 2,100.00 $ 111,300.00 315 3-60"RCP Class IV Pipe(STA 10+10.61) 53 LF $ 2,100.00 $ 111,300.00 Concrete Headwalls w/Flared Wings for 3-60"RCP Culverts at 15°Skew @ 2:1 Slope(STA 10+10.61)Per 1 EA TxDot Detail(CH-FW-15)w/Structural Backfill and 316 Concrete Apron w/Concrete Enemy Dissioators $ 39,000.00 $ 39,000.00 Concrete Headwalls w/Parallel Wings for 3-60"RCP Culverts at 15°Skew @ 2:1 Slope(STA 10+10.61)per 1 EA 317 Headwall Detail C1004 w/Structural Backfill $ 45,000.00 $ 45,000.00 • Concrete Headwalls w/Flared Wings for 2-60"RCP Culverts at 15°Skew @ 2:1 Slope(STA 13+29.64)Per 1 EA TxDOT Detail(CH-FW-30)w/Structural Backfill and 318 Concrete Apron w/Concrete Energy Dissipators $ 26,000.00 $ 26,000.00 Concrete Headwalls w/Parallel Wings for 2-60"RCP Culverts at 15°Skew @ 2:1 Slope(STA 13+29.64)per 1 EA 319 Headwall Detail C1004 w/Structural Backfill $ 104,000.00 $ 104,000.00 Concrete Headwalls w/Parallel Wings for 3-60"RCP Culverts at 0°Skew @ 2:1 Slope(STA 38+62.44) 1 EA 320 TXDOT Detail(CH-PW-0)w/Structural Backfill $ 34,000.00 $ 34,000.00 Addendum#1 BID FORM Addendum#1 -REVISED IB.GN Road Rehabiliation Brazos County,Texas Concrete Headwalls w/Flared,Wings for 3-60"RCP Culverts at 0°Skew @ 2:1 Slope(STA 38+62.44) 1 EA TXDOT Detail(CH-FW-0)w/Structural Backfill and 321 Concrete Apron w/Concrete Energy Dissipators $ 39,000.00 $ 39,000.00 Concrete Headwall/Flared Wings for 3-30"RCP Culverts at 0°Skew @ 4:1 Slope(STA 46+96.50) 1 EA TXDOT Detail(CH-FW-0)w/Structural Backfill with 322 Concrete Apron w/Concrete Energy Dissipators $ 22,000.00 $ 22,000.00 Concrete Headwalls w/Parallel Wings for 3-30"RCP Culverts @ 4:1 Slope(STA 46+96.50)TXDOT Detail 1 EA 323 (CH-PW-0)w/Structural Backfill $ 36,000.00 $ 36,000.00 Sub Total-Storm/Drainage $ 912,626.00 Water Line _ Item# Item Quantity Units Unit Cost Total 400 Trench Safety 6342 LF $ 1.25 $ 7,927.50 401 Cut and Cap Existing 1.5"Waterline including related 2 EA $ 1,1,00.00 $ 2,200.00 items and appurtenances 402 Cut and Cap Existing 4"Waterline including related 2 EA $ 1,100.00 $ 2,200.00 items and appurtenances 403 Demo&Remove 1.5"Waterline 1660 LF $ 8.00 $ 13,280.00 404 Demo&Remove 2"-2.5"Waterline 1167 LF $ 8.00 $ 9,336.00 405 Demo&Remove 4"Waterline 1028 LF $ 8.00 $ 8,224.00 406 Demo&Remove 8"Waterline 11 LF $ 11.00 $ 121.00 407 Demo&Remove 12"Waterline 5444 LF $ 13.00 $ 70,772.00 408 Saw Cut Existing Concrete Pavement,Remove& 175 SY $ 160.00 $ 28,000.00 Repair(6"thickness assumed) 409 Dry Bore 12"Waterline(STA 40+26 to STA 40+66) 40 LF $ 200.00 $ 8,000.00 410 Remove and Salvage 12"x8"Tee&Valve Assembly, 1 FA $ 1,600.00 $ 1,600.00 Deliver to Wellborn SUD Yard 411 Disconnect,Relocate,and Reconnect Existing Fire 1 EA $ 6,400.00 $ 6,400.00 Hydrant Assembly on new 6"line 412 Install Fire Hydrant Assembly on Existing 12"Line 1 EA $ 1,100.00 $ 1,100.00 413 Install 1.5"Poly Waterline 61 LF $ 37.00 $ 2,257.00 414 Install 2.5" PVC(ASTM D2241 SDR 21)Waterline 80 LF $ 40.00 $ 3,200.00 415 Install 3"PVC(ASTM D2241 SDR 21)Waterline 112 LF $ 43.00 $ 4,816.00 416 Install 4"C-900 DR14 PVC Waterline&DI Fittings 379 LF $ 48.00 $ 18,192.00 417 Install 6"C-900 DR14 PVC Waterline&DI Fittings 9 LF $ 64.00 $ 576.00 418 Install 8"C-900 DR14 PVC Waterline&DI Fittings 15 LF $ 80.00 $ 1,200.00 419 Install 12"C-900 DR14 PVC Waterline&DI Fittings 5686 LF $ 150.00 $ 852,900.00 420 Install 4"PVC Sched 40 Encasement Pipe 162 LF $ 47.00 $ 7,614.00 421 Install 6"PVC Sched 40 Encasement Pipe 115 LF $ 53.00 $ 6,095.00 20"X 3/8"Thick steel casing with spacers,end seals, 422 and restraining joints by open cut,complete in place 276 LF $ 290.00 $ 80,040.00 (does.not include carrier pipe) 423 4"Gate Valve 6 EA $ 1,600.00 $ 9,600.00 424 6"Gate Valve 1 EA $ 2,200.00 $ 2,200.00 425 8"Gate Valve 2 EA $ 2,900.00 $ 5,800.00 426 12"Gate Valve 20. EA $ 5,200.00 $ 104,000.00 427 Cut in 12"x 4"Tee into existing 12"Waterline 1 EA $ 3,600.00 $ 3,600.00 428 12"x 4"Tee 3 EA $ 1,400.00 $ 4,200.00 429 12"x 6"Tee 1 EA $ 1,600.00 $ 1,600.00 430 12"x 8"Tee 2 EA $ 1,700.00 $ 3,400.00 431 12"x 12"Tee 2 EA $ 2,000.00 $ 4,000.00 432 4"x 4"Tee 1 EA $ 700.00 $ 700.00 433 12"X 1.5"Tapping Sleeve and Gate Valve . 2 EA $ 860.00 $ 1,720.00 434 12"X 2.5"Tapping Sleeve and Gate Valve 2 EA $ 3,600.00 $ 7,200.00 Long Side Single Water Service 1.5"Poly Pipe(-80-100 LF)to include 3/4"Angle Stop,Relocation and 435 Reconnection of Existing Water Meter,Additional Poly $ 13,500.00 service line on private side to connect to exting water service as needed 5 EA $ 2,700.00 Addendum#1 BID FORM Addendum#1 -REVISED ISiGN Road Rehabiliation Brazos County,Texas Short Side Single Water Service 1.5"Poly Pipe>15 LF to include 3/4"Angle Stop,Relocation and 436 Reconnection of Existing Water Meter,Additional Poly $ • 10,500.00 service line on private side to connect to exting water service as needed 7 EA $ 1,500.00 Relocate and Reconnect Existing Single Water Service to include 3/4"Angle Stop,Relocation and 437 Reconnection of Existing Water Meter,Additional Poly $ 2,640.00 service line on private side to connect to exting water service 4 EA $ 660.00 438 Connect to Existing 1.5"Waterine 2 EA $ 1,300.00 $ 2,600.00 439 Connect to Existing 2.5"Waterline 2 EA $ 1,600.00 $ 3,200.00 440 Connect to Existing 3"Waterine 2 EA $ 1,900.00 $ 3,800.00 441 Connect to Existing 4"Waterline 5 EA $ 2,100.00 $ 10,500.00 442 Connect to Existing 8"Waterline 3 EA $ 2,400.00 $ 7,200.00 443 Connect to Existing 12"Waterline 5 EA $ 2,700.00 $ 13,500.00 Sub Total-Water Line $ 1,351,510.50 ,,. . Pavement and.Earthwork;. ' ;_ . _.. ._ . . .. . , _' _ _ _._. ..._ __ t_.. _ '-',.1.'.::::"..„ Item# Item Quantity Units Unit Cost Total Mill Existing Roadway Asphalt,Base and Subgrade to 500 be Cement Stabilized at 8"depths and used as Sub 19580 SY $ 3.75 $ 73,425.00 Base and to Shoulder Up(excess to be removed Off- site) Demolition of Existing Driveways and Base Material 501 (Pulverize and Mix) 1473 SY $ 3.75 $ 5,523.75 502 Earthwork-Cut to Fill,Design Grades(In Place) (see 7211 CY $ 16.00 $ 115,376.00 Note 1) Earthwork-Cut to Haul to Design Grades (see 503 Note 1)' 2000 CY $ 14.00 $ 28,000.00 504 General Fill to Design Grades(In Place) 50 CY $ 150.00 $ 7,500.00 Earthwork-Remove and Replace Unsuitable Soils and 505 Material with Select Fill Including Compaction(In Place). 100 CY $ 80.00 $ 8,000.00 Limits of Remove and Replace to be Approved by Engineer Prior to Initiating Work. 506 Select Fill(Material Only) 100 CY $ 28.00 $ 2,800.00 507 Flowable Fill,Complete in Place 50 CY $ 160.00 $ 8,000.00 508 Cement Stabilization for 8"Sub-Base 27248 SY $ 3.00 $ 81,744.00 509 Cement for Stabilization of Subgrade 392 TON $ 310.00 $ 121,520.00 510 Install Reclaimed Subbase for Shoulder 3221 SY $ 9.00 $ 28,989.00 511 7"Type B HMAC Black Base 25158 SY $ 50.00 $ 1,257,900.00 512 4"HMAC Installation-Type C 25158 SY $ 29.00 $ 729,582.00 513 Driveway Installation-4"Reclaimed Sub-Base 2603 SY $ 17.00 $ 44,251.00 514 Driveway and Mailbox Turnout Installation-2"HMAC 2543 SY $ 24.00 $ 61,032.00 515 Driveway Installation-6"Concrete 60 SY $ 130.00 $ 7,800.00 516 Demolition and Haul off of Existing Concrete Driveway 37 SY $ 28.00 $ 1,036.00 517 4"Concrete Sloped Pavement 1055 SY $ 78.00 $ 82,290.00 Type R Rock Rip Rap,200-2501b,Hand Placed and 518 Grouted(18"Embedment)for Crossing Culverts, 392 SY $ 160.00 $ 62,720.00 Complete in Place 519 Revegetation-Hydromulch all disturbed areas 1 LS $ 36,000.00 $ 36,000.00 520 Striping(Centerline and Reflective Markers) 1 LS $ 15,000.00 $ 15,000.00 Sub Total-Pavement and Earthwork $. 2,778,488.75 Addendum#1 • BID FORM Addendum#1 -REVISED IS&GN Road Rehabiliation Brazos County,Texas Gua;rdr_'aiis 600 Metal Beam Guard Fence(GF(31)-19),Complete in 869 LF $ 35.00 $ 30,415.00 Place 601 Softstop End Terminal(50'-9.5")-SGT(10S)31-16, 2 EA $ 4,400.00 $ 8,800.00 Complete in Place 602 4"Thick Concrete Mow Strip(Guardrail),Complete in 376 SY $ 86.00 $ 32,336.00 Place Sub Total-Guardrails $ 71,551.00 _ Construction Cost $ 5,704,443.25 Contingency $ 200,000.00 Total Construction Cost $ 5,904,443.25 Calendar Days to Completion $ 220.00 Note:Quantities provided in Line Item 501 and 502 are in-place earthwork quantities with proposed pavement removed from earthwork calculation. Addendum#1 :..�h ''' .._,•,. Brazos County 77. ''.%• W 4:, Purchasing Department 200 S.TX.AVE.,STE 352 BRYAN,TX 77803 PHONE(979)361-4292 FAX(979)361-4293 Addendum #1 to CIP 23-608 I&GN Road Reconstruction Issued: September 14,2023 Change: Updated Drawings, Updated Bid Form, Clarifications, and Pre-Proposal Sign In Sheet Reason: Clarification and Information Changes made are summarized as the following: • Drawings o C103—OVERALL LAYOUT ■ Updated pavement type on Driveway 6 o C200-C202—TRAFFIC CONTROL ■ Updated advanced warning signage o C300—DEMOLITION PLAN ■ Updates to driveway demolition to match proposed pavement limits o C301—DEMOLITION PLAN ■ Revision to the note for 4"Waterline to remain o C800-C802—SIGNAGE&STRIPING PLAN ■ Additional permanent signage shown • Bid Form o Updates to total permanent signage o Updates to driveway demo quantity,driveway pavement, o Updates to steel casing quantity o Update of line item#500 New drawings and bid form are attached along with the pre-proposal sign in sheet (which was requested). This addendum should be signed by an prized presentative of the respondent and returned with the bid documents as specified ' ty id: Acknowledgement of Adde urn Signature: Printed Name: L. Bond No. Bid Bond fa OtEr BID BOND . KNOW ALL MEN BY THESE PRESENTS,that we Larry Young Paving, Inc. as principal, hereinafter called the"Principal," and MARKEL INSURANCE COMPANY, at 4521 Highwood Parkway, Glen Allen VA 23060,as surety,hereinafter called the"Surety,"are held and firmly bound unto Brazos County as obligee, hereinafter called the Obligee, in the sum of Five Percent( 5 %)of the Amount Bid by Principal for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs, executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the principal has submitted a bid for RFP No. CIP 23-608 I&GN Road Reconstruction NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. PROVIDED, HOWEVER,neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED,sealed and dated,this 30th day of August ,20 23. Larry Young Paving, Inc. • (Principal) BY: r. TITLE: Pt slam Markel Insurance Company • �/. Alexandria Petroski ,Attor4y-iri=Fact THE RIDER ATTACHED HERETO IS INCORPORATED IN THIS BOND AND MODIFIES COV)RAGE UNDER THIS BOND. _ - - - MSURID 0318 V•� POA# 4221009 • • JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"), a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Connie Grocholski,Alexandria Petroski,Teresa Martin,Sally White Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec insurance Company and Markel Insurance Company: "RESOLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,AssistantSecretary,Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of January ,2023. SureTec Insurance Company Ua�URAf1,04. ```,`�5o t off i0 ark I surance mpany r w j�' SEAL f e • By. cg • Michael C.Keimig,President v.% 11 0/ '`1•'2,Lrttgi�' y ndey Jenni ,Vice President State of Texas "*"'' County of Harris: On this 20th day of January ,2023 A.D.,before me,a Notary Public of the State of Texas,In and for the County of Harris,duly commissioned and qualified,came ' THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the Individuals and officers described In,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to In the preceding instrument is now In force. INTESTIM0NY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. a ?o;,w*;P��c, XENIA�CHAVEZ 7 • - Notary Public.State of Texas i j 7+1 ,• *' Notary lD#12911765-9 By: ' • ,�+, ; My Commission Expires X is havez,Notary Public • `'`'�� '' SEPTEMBEI110,•2024 y ommission expires 9/10/2024 We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY-ofwhlch-thy, foregoing Is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the 30th day of August 2023 - ur cinsur nce any ---. Ma elInsuramx Company., M.Br t Beaty,Assist nt Secretary ndrew Marquis,Assistant Sec ry My Instrument Issued in excess of the penalty stated above is totally void and without anyvalidlty.4221009 For verification of the authority of this Power you may call(713)812-0800 on any business day between 830 AM and 5:00 PM csT. Markel Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: Markel Insurance Company 9500 Arboretum Blvd., Suite 400 Austin,TX 78759 You may contact the Texas Department of Insurance to obtain information on companies,coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin,TX 78714- • 9104 Fax#: 512-490-1007 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium,or about a claim,you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. MIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2023-1065473 Larry Young Paving, Inc. College Station,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/29/2023 being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFP NO.CIP 23-608 Road Construction-l&GN Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) • Controlling I Intermediary Larry Young Paving, Inc. Bryan,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION 111, 1 1 ei11.3b 449 My name is ♦'1P/I(��' L� �� � , and my date of birth is /1 ,n vh ' 1 My address is �I vei 1"11 l {�A' qj'f• , ilejtA '1 D V1 .0S- (street) J (city) (state) (zip code) (country) I declare under penalty of perjuryer that the foregoing is true and correct. Executed in tekT)S County, State of ___ on the aq y of ,20 - . O (year) JAMIE E. EANES **=Notary Public,State of Texas . Qa Comm.Expires 10-31-2027 Notary ID 132233279 Signature of a prize ent of ontracting business entity (D Iarant Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.39e6f620 LARRYOU-01 KBAKER A�� m CERTIFICATE OF LIABILITY INSURANCE DAT/29/2DIYYYY) 8/29/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT:BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CNTpCT PRODUCER NAOME: Rollo Insurance Group,Inc PHONE No,Eat):(214)415-0113 I FAX Arc,No): 1202 Amistad Loop E-MAIL, College Station,TX 77845 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:United Fire&Ind Co 19496 INSURED INSURER a:Texas Mutual Insurance Company 22945 Larry Young Paving,Inc. Silver Hill Equipment Co.,LLC INSURER C:Homesite Ins Co Of The Midwest 13927 PO Box 11779 INSURER D:Endurance American Specialty Insurance Company 41718 College Station,TX 77842 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDDIYYYY) (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 85327666 8/23/2023 8/23/2024 pREMSEaaogEence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE UMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A COMBINED SINGLE LIMIT 1,000,000 AUTOMOBILE'LIABIUTY (Ea accident) $ X ANY AUTO _ 85327666 8/23/2023 8/23/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ AUTOS ONLY NON-OWNED S N PROPERTY DAMAGE (Per acci ent) $ $ A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 85327666 8/23/2023 8/23/2024 AGGREGATE $ DED RETENTION$ Aggregate $ 1,000,000 B WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 0001311091 8/23/2023 8/23/2024 E.L.EACH ACCIDENT $ 1,000,000 OFFICER MEMBER EXCLUDED? Y N I A' 1,000,000 (Man ato I E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Excess Liability CXP-022988-00 8/23/2023 8/23/2024 Excess Liab$411 X$1 4,000,000 ID Excess.Liability ELD30043365100 8/23/2023 8/23/2024 Excess Liab$5M X$5M 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RFP No.CIP23-608 I&GN Road Reconstruction CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Brazos CountyPurchasingDepartment THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 200 S.Texas Ave.Suite 352 Bryan,TX 77803 AUTHORIZED REPRESENTATIVE I .Afa- 1?we'tr ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD . I.EX.AMI'LE-PRO J ECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 2. EXpl PI L PROJECT Ki.-) NUMBER QUALIFICATIONS FOR THIS CONTRA CT 1 3 I rrLE AND I:OCATION(Cu,,,,,/NT.,0 .1.YEAR CO t11 PLC as) COLLEGE STATION, TX PROFESSIONAL SERVICES CONS I RUC FION PEACH CREEK CUT-OFF ROAD 2023 IIMAC S.PROJ EC 1-OWNER'S INFORMATION a.PRO J EC r OWNER l).PO[yr al'CON[ACT NA Al C c.PO I N I.OF CON1 AC I FELEPI I ON E NUMBER/EMAIL Brazos County,TX Fred Paine 979-822-2127 .. 6.BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost) Relevance to,SelectiOn Criteria • ' Pavement'Earthwork and Stoim, ---"'"' • - '` "- .;,..,.......- • • - '. - 1-• .• : • ,'2 - , .,,',10 - - . ;- '---,-,, ..' .:-.:%!-1. . --'. 2 -'-'... . ,.1 :,..,-..,- - _ •- --,-.:- -,. .. .•.2 '..-'..- -: : `..-; -..:.,- . ....-- ,..• ' .2' :,. ..- . z,..; .--- Contract Value:$4,508,709.00 - , ; , . , 1 •-2* 1 --e. - ,...._-- ..._ -., - - . ,--- --,....i.. iiii ,'.:i:,--.. - _ ..,,„ —,,.... . • :.. , .,. ,.,-.7.24; 7i.--- -,----.. •:-.. .47,=------*----1'-'-... -;,-- •, !"-.......17?-: ,:.:4-- ,;.,, - ---.1, 1- - -.1..•.:.-- , -:. - ,4,-, .., -.: --.. ''' -::-....'2.:;:..,:f• .....--.,,, .., -- .. ...._7 ..".---..•- ' • ,_ . . . .47--.:4---:!' ,`.., -A,•).:::441:11:,,,-•AVEZ."..1,,?;:.. .,- -, .a.,.. . ... . fr... p,---gr • '1/4'-1.: VIM' --.---7--'w..,.. .. , =-_- . ""•--. f--.-=." II,.. -2"''''' 1_ :Xi 2.,::"-"'04- _ •,.,—_ 1 '7.".f: li 1 19r1' Ai-_ ... ..44 —0,,4,3‘,..4...,‘• 't n,''''` r: i, '4,40' ', p„ Y, , .. ,140.0z.v.E. —'':."2.1,4•'.. ___...•. • 'rl ,. .....•ht.I •rli,c,-, 1100,1 ,..7.111:As;.,:c,'•, .i''' —,..•:.•— .., •1-a-4.?..44PP4.$1,1zie oatirt== hifikffif: `' lefriett\-• ':'...-41.f*-?5;4%';' 4:7: .? ,i EIRRIS FROM SECTION C INVOLVED\VCII-I THIS PROJECT (1) FIRM NAME (2) FIRM LOCATION KIT end State) (3) ROLE a. Larry Young Paving Bryan,TX General Contractor b. Gessner Engineering Bryan, TX 1 Engineer I.EXAMPLE PR OJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 2. ExAMPI.IrPRoj.Ecr KEY NLIMI3ER QUALIFICATIONS FOR THIS CONTRACT 2 1 II I LE•\ND LOCA I ION It,r,tit ti,It/ii) 4.•YEAR CO\I PLEED CITY OF COLLEGE STATION, TX PROFESSIONAL',ERVICES CONS I RUC EION ROCK PRAIRIE RD WEST WIDENING 2022 Reinfolced Concrete Paying 5.PRO J ECE OWNER'S INFORMATION a.PRO JEC1 OWNER b POINT Or CON rAcT NAME e.POINT OF CONTACT TELEPI IONE N UM RI R/EMAIL City of College Station Susan Monet 979.764.3558 6.BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost) ' ' ' • . ' - . Relevance te'r:;)Selection Criteria - - • i ' Reinforced Concrete Paving,Storrri,Sanitary Sewer,Water, Sidewalks,arid Signals . • . .. •, . • . .. . • • .... • . • . . - - -':;'. " - - •t.;r'l.... -,,, ,. T --,....- ---- .. ".3-:,,,,,,Zntc.-..:".,4. "--; - 4- '.'"- - .r- Contract Value:$4,992,868.45 . . '...111-.-7';',..• :',..,-,:, - ,' `. it;•' ••:• ''':::: ..s '. :1.-P,4•'&0/.4?4, -.4' bek:;1-•'••••':"1,-; :•'' ° -"''' “ _w,:•:::" P,c;.1--; i ,.. -- - -• - -.•--....---7-- • .'"- s-':4,---,0,-. . . . , 1 '''; • , ':.;'''- ' . " .. .:at' ••- '-‘:' .- • •, ...,aaaa '''' • a . 1,11Z.1\1•S FROM SECTION C INVOLVED\VITI-I TI IIS PROJECT (1) FIRM NAME (2) FIRM LOCATION(City and State) (3) ROLE a. Larry Young Paving Bryan,TX General Contractor (1) FIRM NAME (2) FIRM LOCATION(City and km) (3) ROLE b. Kirnley Home College Station,TX Architect/ Engineer (I) FIRM NAME (2) FIRM LOCATION(C19 and State) (3) ROLE c" Kirnley Horne Houston, TX Architect/ Engineer I.EXAM PIEPROJECTS WHICH BEST ILLUSTRATE PROPOSEDTEA Al'S 2. EXAMPLE PRO J1 C I KEY Nl[AIIICR QUALIFICATIONS TOR THIS CONTRACT 3 3.TFPLE AND L>CATION OAnt sdios) 4.Y ARCOMPLUTEI BRYAN,, TX PROr•ESsIONAL;SER\ICE,, coNsrRuo ioN FM 158/ WILLIAM J. BRYAN 2023 fteihrorcedConcrcrePading 5.PROJ EC r OWNER'S INFORMATION a.PROJECT OWNER b.POINT OF OoNT.AcT NAME t.POINT O FCONTACT TELEPHONE NUMBER/EMAIL TxDOT James Robbins,A.E. 979.778.623.3 6.BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost) •°', ', Relevance to'SelectionCriteria ' •S Water,Storm,Sanitary.,Reinforced Concrete Paving:', • ^ l'..!..1....; 4.------7,,,..,,' .---' ...1.41/4.:._,y,..0),k1;j-, -..k-k-:_.:,.::::„.7,,0#2.27i.w.-5.-,-13 'siflitt h � ' ♦y r 'tar. - ,.- 1 sC` u•5^ � i w f� * " , Contract Value:$17,570,277.90 :111.A4S FROM SECTION C INVOLVED WITH THIS PROJECT (1) FIRM NAME (2) FIRM LOCATION(GtyaadSta) (3) ROLE a. Larry Young Paving Bryan,TX General Contractor (1) FIRM NAME (2) FIRM LOCATION(GgandStou) (3) ROLE b. TxDOT Bryan, TX Owner /Engineer Lochner Engineering Austin, TX 3rd party Records Keeper/Engineer I.EXAMPLE PROJECTS WHIGH BEST ILLUSTRATE PROPOSED TEAM'S 2, EXAMPLE PRO JECT`KEY NUMBER QIIALIFICaTIONS FOR THIS CONTRACT 4 3.`ITI'LE Y1'ND LOCATION to,>unJ i,an-) •I.YEAR COMPUE 1-EI) CITY' OF COLLEGE STATION, TX PRoFEsSIONALSERVICIP CONSTRUCTION GREENS PRAIRE TRAIL WIDENING PROJECT 2022 Ryinforcrd Concrete Pari 5.PROJCCT OWNER'S INFORMATION a..PRO JEC r OWNER, I,.POINT 01 CONTACT NAME e.POINT OP'CANTAC['TELEPHONENUMBER/EMAIL City of College Station James Smith jsmith@cstx.gov 6.BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost) ' . Relevance to Selection Criteria' . - • Reinforced Concrete Paving,Storm,Sanitary Sewer,Water ; ' t: r. ,, . , ' • 'Y , _ ` • � t IYY _ S x t. M` F',�� ;;-4'.. .j ,,sti t ,yQC J- T. n�:- ,.�, �' -'-3'�w •v-ems r� t'"�T.•�...� Contract Value:9,241,153.75 7.FIRMS FROM.SECTION C INVOLVED WITH THIS PROJECT (1) FIRM NAME (2) FIRM LOCATION(Ciy and&uu) (3) ROLE a. Larry Young Paving Bryan,TX General Contractor (I) FIRM NAME (2) FIRM LOCATION(Cly and Stare) (3) ROLE b. Binkley&Barfield College Station, TX Engineer (1) FIRM NAME (2) FIRM LOCATION(Cy and Sun u) (3) ROLE C. Bayer Construction Bryan, TX Subcontractor—Electrical (I) FIRM NAME (2) FIRM LOCATION(Ciy and State) (3) ROLE d' Elliott Construction Bryan, TX Subcontractor—Underground Utilities 2. I XANEPEE PROJECT KI Y`,M INI'13ER L.EXAMPLE PROJECTS 1VHICH BEST ILLUS'I'LATE PROPOSED TEA AI'S QUALIFICATIONS FOR TI-ITS CONTRACT 5 3.T1;rLE AND'LOCATION Wm- ,J trarr) 4.YEAR COA I PLE Fri) CITY OF CONROE, TX PR(Jr-ESSK)N'ALtiER\r•ICE1 CONS MR:rION CONROE PARK NORTH EXTENSION & FARRELL ROAD 2021 Reltlfnrccd CoicItAe Pay'n0 WIDENING ' 5.PROJECT OWNER'S INFORMATION a.PROD EC OWNER. B.POINT OF CONl't\(:'C NAME c.POINT OI-.C;OA TACT GLC•PI10\E Nlli\l13EIL/EMAIL City of Conroe,.TX CJ Locklear 936-522-3000 6.BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost) Relevance to Selection Criteefia. • ' t Reinforced,Concrete Pavug,(Storm,Sanitary Sewer",Water,Bridge 'i ) �~ r r. x�;_ ;t' Contract Value: $13,082,603.00 y L I ''. Ai • r ey . ,:: ttttttt,^^^^�t w`vfw{ �" " ,.yen, lv i. ;:,.. � vim .. $s l.4 c U 1 �fi:` -i-&-e51 P '-:• * tnw` : t,, a Sat Change Order#1—Dirt Quantity in Design vs Actual $139,854.40 Change Order#2—LIpsizing Water Line including Bore $134,836.80 7.FIRMS'FROM SECTION C INVOLVED WITH THIS PROJECT (1) FIRM NAME (2) FIRM LOCATION(CityandState) (3) ROLE a. Larry Young Paving Bryan,TX General Contractor (1) FIRM NAME (2) FIRM LOCATION(City and Stare) (3) ROLE b. Halff Conroe, TX Engineer (1) FIRM NAME (2) FIRM LOCATION(City and State) (3) ROLE C. Bortunco Houston,TX Subcontractor—Boring (1) FIRM NAME (2) FIRM LOCATION(City and State) (3) ROLE d. Lindsey Construction Spring, TX Subcontractor—Earthworks (I) FIRM NAME (2) FIRM LOCATION(City and State) (3) ROLE e. Randy Roan Construction Montgomery,TX Subcontractor—Clearing and Grubbing (1) FIRM NAME (2) FIRM LOCATION(City and Star) 1 (3) ROLE c Tom Mac Houston, TX I Subcontractor—Pile Driving 1 ___ D_ Larry Young Paving, Inc. PO Box 11779 College Station, TX 77842 979--823-4888 m.schinzler@lanyyoungpaving.com HISTORY/QUALIFICATIONS Larry Young Paving (LYP)is ready and able to provide the City of Conroe with experienced, qualified personnel and management practices to deliver on time, on budget performance. Since its founding in August 2005,LYP has seen exponential growth while maintaining an aggressive stance in project delivery of local city, county and state projects. Our past experience provides us with the knowledge and understanding of accepted industry practices required under defined contract terms and conditions to meet or exceed client expectations. Company History In August 2005 Larry Young Paving (LYP)was established specializing primarily in commercial and residential asphalt parking lots, driveways,repairs and general site work focused on the private sector. As the workload increased the company began pursuing local municipal, county and state opportunities matching internal resource requirements in both manpower and equipment requirements. At present LYP is under contract with the City of Bryan, City of College Station,TXDOT and numerous local development companies totaling more than sixty projects of various scope and budget. Current project workload includes the construction of multi-span bridges,slip form paving, asphalt paving, earthworks and underground utilities. Experience and Qualifications LYP is experienced in all phases of local and regional civil works project delivery requirements. Currently the company employs over 250 skilled and unskilled personnel to include equipment operators,concrete, asphalt and underground utility crews. Added to workforce, }: LYP equipment count exceeds 130 pieces to include ``%^,� " ' late model excavators, loaders, motor graders, .' .r-`'-v- `-= = '�_ dozers, ridged and flexible pavers, and trucks. .ri' 5- .?.'. w }q ua` I - r. _ ''''',,,kV-`,-;`-- --,2 14:r �C ` ? i y� �, j i t,e }' 7'. .0 a; �,l ® i�'lr ® - '� ;a, v„� .�` Project Management is key to the success of LYP. - - . ►; .;. -' �+.1f ,_ �� I' Our combined years' experience of management ' �. ;.� I _«� ? staff exceeds 150 providing a comprehensive 4 I' 1' I' r �! approach to all aspects of Civil Works project Y �' tz a .r: 4.' --'. `--- iC_i ? )'� , delivery. r_ - c ' RESUMES'OP'•KO'PERSONNEL PROPOSED POR'THIS CONTRACT I.\.\\LL -- — - --- �,RI II I\ IMI. 1 's,r\R,r\PERII NI.i,. --- MARK SCHINZLER . General Manager C Mr --7 b r:IlsLu:rt\Itt(&\ 1 15 I5_ — — 4R.n \1 x\'flit 1\D it•ii 'M C I\ . , - - Larry Youn ii P11-ina,:Inc-.., Bryan,TX ----- ,41\IJI1Rl I i. \in\,ail 1V rRlNI Over .13 years of etiherionce in private development, municipal, county, and 1 Flexible and ricle.d pavements, underground w t slate civil works projects,. I and dry utilities, earthworks, stabilization, contraCl management, client liaison, operations Education:Texas A&M,University, BS-2002 j and Financial management. 7.EXPERIENCE Larry Young Paving,Inc. 2007-Present General Manager Five-plus years of experience as a project manager of projects from USAGE to municipalities and public work for TAMU.Management of approx. $80 million in contracts annually.Well versed in varying specifications for asphalt design,concrete design and the installation of storm utilities. Licensed (Company Representative) in Texas, Louisiana as Highway Contractor and Mississippi as General Asphalt pavement contractor. Project scheduler with experience in all aspects of project material procurement and subcontractor methodology and timelines. Experience in both general building construction as well as civil construction. Financial management for varying sized projects as well as VE for customers who require. GTEC,PA. 2004-2007 Administrator Administrator in the Health care industry for 16 physicians and 30 mid-level providers. Managed build outs for medical offices and lease tenants.Developed compensation for physicians based on ER care practices,bill-ables,payer mix, etc. Management of all cash flows for the company and tax planning. ,i mai-\ 1\'I PRrfiI I;., - - - ..._ • 1) TITLE AND LOCATION(Cij•and Stare) l (2)YEAR COMPLETED. - • • Longmire Road Widening i�-------------- 2020•------_--�- Conroe,Texas • i Owner Information: Work Performed Under: City of Conroe Larry Young Paving P O Box 3066 Conroe,TX 77305 Description:Three mile road widening and rehabilitation project including reinforced concrete paving,sidewalks,storm,sanitary sewer, water, and lighting. Role: General Manager 1). TITLE AND LOCATION(Cay and smt) (2)YEAR COMPLETED - • Conroe Park North Extension and Farrell Road Widening I 2021 Cenroe,Texas- - : Owner Information: Work Performed Under: City of Conroe Larry Young Paving P 0 Box 3066 Conroe,TX 77305 Description: This is phase II of this project, an extension of Conroe Park and widening of Farrell Road.The project includes reinforced concrete paving, storm,sanitary sewer,water,and a bridge. Role: General Manager 1) TITTLE AND LOCATION(C(ry and Stare) ' .I (2)YEAR COMPLETED City of Bryan—.Woodville Road l . - 2021 I Bryan;Texas - • Owner Information: Work Performed Under: City of Bryan Larry Young Paving PO Box 1000 Bryan,TX 77802 Description:Rehabilitation of Woodville Road including reinforced concrete paving, sidewalks, storm, sanitary sewer, and water. Role: General Manager P.It I SU.\t 1S 01'KEY PPRSONN El.PROPOSED PO T1-1IS CONTRACT(Campklt oni Sccl¢tn E.for rai6 c1 pr•nn.) 1.'111.1 ' fu if f_ N Inh CI)\Ut\i t t t.\t I --- 1\MCI-IAEL CHRIS I-ILIiMPHRIES ; Contracts / Project Manager f [u ; tG++rt<<rt;t �riniu— 4.11R\1\\MI\\uitK \nc,\ f. ,- --- -- - Larry.Young Paving, Inc., Bryan, "I•\ —'--- ------ --- ------ --- i(. \CI\`f+l t\PLRfhr4., • Knowledgeable in all phases of Cit it Works with special emphasis on roads-and highttat: Project Management, Procurement, Operations and cis it stork,procurement. Professional e\perience includes national hinhtta) mailer and Maintenance, Land Acquisition and planning and fea,ibilit\' studies, procurement of capital \\ork>• goods and ertices. I Resettlement, Government Acit-isor\', C'ontraci preparation of contract,and purchase orders and award proceS., for now construction, (Management, Design Manage liens reconstruction and operation maintenance. 7.EXPERIENCE Larry Young Paving,Inc. 2017-Present Contracts/Project Manager Responsible for contractual compliance and QC implementation. Coordination with the Engineer/Employer. Asian Development Bank 2013-2017 Consultant Transport Technical Assistant to the Ministry of Public Works Project Management Office developing guidelines to assist the government in the preparation, implementation and management of Civil Works Construction contracts within the framework of FIDIC based contracts and the procurement of related Goods and Services.Mentor Project Managers of the Afghanistan Ministry of Public Works in the day to day management of construction and construction supervision contracts, including reviewing and checking invoices and supporting documentation,providing deliverables, checking,reviewing and updating progress and personnel schedules. The Louis Berger Group 2004-2013 Engineer/Country Manager Development of strategic opportunities in Afghanistan thru Military Overseas Contingency Operations and other Donor Funded initiatives.Preparation proposals for all Contracts in Afghanistan other that those under the AIRP Program.Support for all other business units of the Louis Berger Group operating in Afghanistan including preparing and implementing all purchase orders and contracts for goods and services. Responsible for the interpretation of the FIDIC-based contract, instructing the contractor to adhere contract requirements,the determination of contract disputes,assuring quality control, checking measurement of the works for payment and the certification of all contractor invoice. Preparation of bi-monthly reporting to client, processing of contract variation orders, project budget management.Established coordination meetings with local tribal elders on bi-weekly basis for conflict mitigation related to local village issues along the alignment. Main Street Wholesale 1992-2004 Operating Officer/Partner Operating Officer/Partner of family owned agriculture related business.Responsibilities included day-to-day management and operations of office and field activities including payroll,accounting, equipment procurement and maintenance. Ten Mile,Inc.General Contractor 1987-1992 General Superintendent/Project Manager Responsible for day to day activities in the field related to reinforced concrete paving, site grading,underground utility installation, and drainage systems.Projects included private development,municipal and county government infrastructure contracts. Robert E McKee • 1985 -19.87 Project Engineer Coordinated subcontractors/client from submittal process during construction phases of multi-story, cast in place concrete structures. Projects included.Presbyterian Hospitals of Dallas Phase III,Margot Perot Medical Complex Lower Level Renovations,Texas Instruments Plano,and Reunion Parking Garage. Carter-Stephens • 1980- 1982 Project Superintendent Responsible for timely completion of light frame commercial and structural steel vertical construction projects.Projects included Dowell Oilfield Services- Luling Facility, Accurate Wireline-South Texas, US Steel Phase II Expansion and Bell-Textron Plant Expansion-Ft. Worth. R.B.Butler,Inc. 1977-1980 Project Foreman Structural steel/light frame vertical commercial projects, oilfield related Civil Works, and cast in place concrete structures throughout Texas. s. RELLVANT PROJECT` • •I) TITLE AND LOCATION(CO andSro4 - (2) •YEAR COMPLETED • 'Conroe Park North Extension and Farrell•Road Widening i 2021 • T Conroe,Texas • Owner Information: Work Performed Under: City of Conroe Larry Young Paving P 0 Box 3066 Conroe,TX 77305 Description:This is phase II of this project, an extension of Conroe Park and widening of Farrell Road.The project includes reinforced concrete paving,storm, sanitary sewer, water, and a bridge. Role: Project Manager I) TITLE AND LOCATION(CittemdSmre) (2)YEAR COMPLETED TxDOT FM 1774 • Ongoing Grimes County,Texas I • • Owner Information: Work Performed Under: TxDOT Larry Young Paving 125 E 11th St Austin,TX 78704 Description:Rehabilitation of FM 1774 including asphalt paving and storm drain. Role: Project Manager 1) TITLE AND LOCATION(Ctry and Score) (2)YEAR COMPLETED Palasota Drive ! Ongoing Bryan,Texas Owner Information: Work Performed Under: City of Bryan Larry Young Paving PO Box 1000 ' Bryan,TX 77802 Description:Rehabilitation and widening of Palasota Drive,including reinforced concrete paving, storm,sanitary sewer,and water. Role:Project Manager e. Exhibit E: Specifications f. Exhibit F: Geotech Report g. Exhibit G: County Construction Agreement 6. By submitting a response to this RFP, the proposer is agreeing to sign the County's Construction Agreement,Exhibit G attached. 7. The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. a.Completed and signed RFP including: i. References(Section S) ii. Certification of Proposal(Section V) b.Bid Bonds c.Exhibit B and/or Exhibit C—Pricing Form R. PRICING Complete Exhibit B and/or Exhibit C attached and submitted with the proposal. S. REFERENCES Respondents shall provide a list of at least five (5) references,where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. References received on previous solicitations for similar size and scope in the previous six (6) months may be considered in lieu of obtaining a new reference check. A negative reference may be grounds for disqualification of bid. Respondents are not allowed to use Brazos County as a reference. Company/Entity: Q,b{n I(t) Contact: 1 '� . fL , �. Phone: q;k.p • • 13 3 Email: -'q u o• r D•C C )6'�d O C, . i Nal Company/Entity: 1 11 14,r.t i Ct.f �.. g • C•G G Contact: e, 9v'I e t b°,l� Phone: (Al a 'L RP• 1t)- Email: ) V\h h I ,• r r i C t,C�, rx,1 cav► 16 P a g e Company/Entity: C/1 'l� b.p C Q VI ('/ ,ck 6ek We") Contact: pri^t cyA, . d" Phone: qj1 el L,4 . ),vi Email: J<inn;-14\ • company/Entity: kt SSAvN �� ;h-e.nx i Kc) Contact: S u,, Q 1 ,L 1 p L • Phone: Jr o o q� °{ Email: c r(At Q CS h Pam✓fJ�e). CAv'1n J Company/Entity: 041 . I( - 5 mix Contact: Nol 416rb( Phone: Email: lo(Y1,1)1lV01'k S c J 0 ) _^--- 17 Page . • CITY ,. (F ONROE, •-•.�) ..t.`-"r,. _ i.,t. .9o4 May 10.2021 (; City of Bryan 205E 28th St. • Bryan,TX 77803 • Re:Project Reference To Whom it May Concern: Over the past 3 years,Larry Young Paving has contracted approximately$30 M in work with the City of Conroe. From Rehab to New Construction contracts, Larry Young Paving has completed many difficult projects for the City requiring bridge construction, slip form paving, deep sanitary and waterline mostly with their own crews. We found them to be exceptional in both their knowledge base and their ability to execute the work. They provided solutions to difficult problems and completed projects on time. I would recommend their company without question. If you require any additional information, . please don't hesitate to contact me Sincerely, i � a Tara B.Gaha,P.E. • { Senior Project Engineer Engineering Dept. City of Conroe Page 111 DocuSign Envelope ID:EDDFEB04•BE86-4748-A765-27AD9BFD2B8B C+C CIVIL ENGINEERING CUKSULTANTS • DON PURPEN,INC. Johnnie Price,P.E.,CFM Civil Engineering Consultants • 1555 Greens Prairie Rd. College Station,TX 77845 f • May I0,2021 • • City of Bryan 205B28`hSt. Bryan,TX 77803 • Re:Reference of Work To Whom it May Concern: Larry Young Paving has worked with rue several projects in the past and most recently on the City of Navasota Railroad St.Project.The project primarily was a drainage project to alleviate drainage conditions in the downtown area with a budget of approximately$1.8mil.In addition to the drainage infrastructure,the project included waterline replacement,pavement removal/replacement,electrical,irrigation and telecommunication rerouting were a part of the . project scope. Overall,I found Larry Young paving to be diligent in the completion of their work and were consistently onsite with various crews as the project required.Their project management team 'was easy to work with,handled infield issues well and was knowledgeable regarding the work. With regards to change orders, they were fair and reasonable and overall helped to create a team atmosphere.I would recommend Larry Young Paving without reservation for any civil project for their professionalism, timely accomplishment of the work and quality product. - Si rely, • • ohnnie Price,P.E., Senior Project Manager SAN ANTONIO - BRYAN/COLLEGE STATION • LAREDO • 1555 GREENS PRAIRIE ROAD WEST I COLLEGE STATION,TEXAS 77846 I (979)G46.6212 1 FAX:(979)846-8252 TEXAS FIRM REGISTRATION NUMBERS:ENGINEERING F-2214 I SURVEY 10042800 I WWW.CECTEXAS.COM a t { • •.- a DocuSign Envelope ID:EDOFE604-BE86-4748-A765-27AD98FD2686 i • ,• , ' ._' .. � � - •- • - - • - • Mark Schinzier From: Gary Arnold <GAmold@brazoscountytx.gov> . Sent Friday,May 7,2021 3:58 PM To: Mark Schinzlar Subject: reference • To whom it may concern Larry Young Paving has completed 6 Road projects with live traffic on each one in the last 2 years for me.All 6 projects were completed well.before completion deadline with 0 change orders.There management team and field personnel are second to none. Gary Arnold Operations Manager- Brazos County Road and Bridge • • DocuSign Envelope ID:EDOFEB04-BEB6-4748-A765-27AD9BFD2BBB • • ' •. Mark Schinzieir from: Mark Schinzler Sent: Monday, May 10,2021 4:53 PM To: Mark Schinzler Subject RE:Written References From:James Smith<jsmith a@cstx.gov> Sent Monday,May 10,2021 Q•;35 PM To: Mark Schinzler<m.schinzler@larryyoungpaving.com> Subject RE:Written References Larry Young Paving has completed several roadway projects for the City of College Station.The quality of utility,concrete and roadway work has met or exceeded all of our requirements and expectations.Often i will receive comments from residents on how pleased they are with the Iook and quality of the infrastructure and how they feel like it has improved the look of their neighborhoods. James Smith,PE Project Manager Phone 979-764.3877 Cell-979-324-7058 • • • • DocuS gn Envelope ID:EDOFEB04-BEB6-4748-A76527AD9BFD2e8B 11011 • GESSNER Eh 7:4ITtE-ria tme May 11,2021 . City of Bryan 205 E 2Rth Street • ••,, Bryan,Texas 77803 • • Re: Letter of Reference . To Whom it May Concern: I have had the pleasure of working with Larry Young Paving on several projects including a challenging road failure project that involved extensive grading and storm work.The I&GN Roadway Failure Remmedlation project was a$1.4 Million project that improved drainage adjacent to the roadway and lowered the roadway to reduce the embankment side Slopes to remediate the embankment failure.The project required Larry Young Paving to perform the extensive work while maintaining access to • adjacent properties to owners,mall service,and trash collection. Larry Young Paving was diligent,respectful and understanding with adjacent property owners,and completed the work ahead of schedule.They ensured the safety of the public was a high priority by continually inspecting traffic control and the site for, • potential hazards.Punch list Items were completed in a timely manner and to the requirements/needs of the project team.I recommend Larry Young Paving for any Civil project and look forward to working with them for many years to come. • Sincerely, • Sean Ray,M.E.,P.E. • Project Coordination Department Head Gessner Engineering,LLC • BRYAN P BRENHAM u PORT WORTH o GEORGETOWN • SANANTONIO • Corporate:40125'^Street,Suite 3/ Bryan.Texas77803 a I-877-GESSNER wovr.gessnerenflfneering.ccm CIVIL CONSTRUCTIO}IMATER/ATSTESTING GEOTECHHICAL STRUCTURAL SURVEYING Purchase VIN#I ID/Serial# OST CODE Equipment Name Date TRUCKS __ ' FT 001 2013 International Fuel Truck 1/18/19 1HTMMAANODH156264 FT 002 2020 Kenworth Lube Truck T270(Diesel) 6/23/20 2NKHHM6H1 LM424213 FT 003 2014 Peterbuilt Fuel Truck 2/10/22 2NP2HJ7X7EM225397 WT 001 2002 International Water Truck 6/4/10 1 HSHBAAN12H411741 WT 002 2007 INT-WATER TRK-4300 W/2000 Gal tank 7/24/15 1 HTMMAAN77H392771 WT 003 20.12 International WaterT.ruck(Diesel) 9.7.18 1HTMMAANICH587596 WT 004 2011 International Water Truck(diesel) 6.3.19 1HTMMAAN1BH388479 WT 005 2002 International Water Truck 4300 8/21/19 1 HTMMAAN42H517122 WT 006 2012 Freightliner Water Truck 2000 gallon 9/22/21 1 FVACXDTOCDBD9005 WT 007 1986 Amer Gen M927 Water Truck 2/24/22 NLONJ7 C527-00948 WT 008 1992 Amer Gen M927 Water Truck 2/24/22 5167-12 WT 009 2017 Freightliner Water Truck M-2-106 5/25/23 1 FVHCYCY9HHHX1202 PU 001 2003 Ford F-150(Gas) 1/27/2016 1 FTRF1793NBI2418 '. • . PI)...:'•,. 002-:": '' 2004 Dodge Ram 3500Quad Cab:sDuley . 3/23/20.13; :'307MA48C946246704. ' .PU-• '.003: ,, 2005 Chevy°Flatbed-Welding/Seiv:Trk(Gas)White 4/.1/:13i`'_ ' 1GBJC39U25E30179:1._' _ PU: 004 • 2006'Dodge(Red) : .6/30%14 '- 3D7ML48686G235481;. • L • P.Ui.• .°006 2006.Ford Box Truekr : . _ ' ` - 3/1.3/•1.5 1 FDXE45S36DA63253: PU 007 2008 Sterling Bullet Flat Bed(Diesel) 4/9109 3F6WJ78A-78G350200 f PU 008 2011 Dodge Ram 3500 (Diesel) 3/3/11 3D73Y4CL3BG549327 PU 009 2012 Dodge.Ram 3-500(Disel) 6/8/12 3C63DRGL0CG103593- PU`` • 0.10,,•: :.,. :2012 Ford.isickup35:00: • . - � ..:,_,..__:;.•-•: _��� 8/6112. '_ •_ 1 FT8.W3BT2CEA249954-., PU 011 2.012 Dodge Ram 3500(Diesel) 6/8/12 3C63DRGL7CG103591 ,PU :612 .; 2313 Toyota Tundra(Gas)';,:: • :;.' _ _ - 106/;1:5,,, ,_5TFRMCF1XDX0659597;_ PU 013 20.13.Ford Lariat F250(Diesel) 10/2./13 1 FT7W-2BT8DEB23070 PU 014 2014 Dodge Ram 2500(Diesel) 4/28/15. 3C6UR5HL6EG323059 PU 015 2015 FORD TRUCK 10/30/14 1 FT7W2BT8FEB59957 • PU 016 2015 FORD F250 CREW CAB 4x4 Pickup(Gas) 7/20/15 1 FT7W2BT2FED40116 PU 017 2016 Ford F350 Crew(diesel) 7/11.2016 1 FT8W3DT7GEB50840 PU 018 2016 Ford F350 Crew(Diesel) 7/11.2016 1 FT8W3CT3GEC50578 PU 019 2016 Ford F350 Crew(Diesel) 8/25/16 1 FT8W3DT8GEB68246 - =MT •• 0617 ' • '•20O7 F450 Mechanic.Thick' .: .-; . _- :-- '12/23/1'6 ' ' .- 1 FDXX46P27EB32 _91---- MT 002 2018 Ford F-550 Mechanic Truck(Diesel) 6.12.18 IFDOX5HT3JEB99214 - MT 003 • 2007 Peterbilt Mechanic Truck 2/10/22 2NPLHD7X17M73.3566 MT 004 2021 Ford F-650 with 2014 Autocrane Titan 60 4/4/23 1 FDNF6DC5MDF08.972 PU . 020 2017 Ford F350 Flat Bed(Gas) ' .3/17/17 - 1FDD8W8GT8HEC85057 PU: ' :021 2;- ! 113 Ford IF I';5:0,�►l eT!Kill �*: 1 5/IJ1"R - IIF11E1Y► 10.1010'§7; 9,, I PU 022 2017.Ford F-350(Diesel) 7/19/17 1 FT8W3BT3HEE02068 PU 023 2017 Toyota Tundra 4x4 Crew(Gas) 9/8/17 5TFDW5F11HX617536 PU 024 2017 Ford F350 Flat Bed(Diesel) 2/22/18 1FD8W3GT4HEF35877 PU 025 2105 International 4300 Crash Truck(diesei), 1.29.2018 1 HTMMAAM85H686149 PU 026 2018 Chevy Silverado 1500 Truck(Gas) 4.5.1.8 3GCUKRECOJG19151'6. PU 027 2018 Ford F150 Crew (gas) 4.14.18 1FTEWIEP8JKD17417 PU 028 ;2018 Dodge RAM 2500(Diesel) • 10.17.18 3C6UR5HL9JG308033 PU 029 2019 Ford F250(Diesel) 3.5.19 1 FT7W2BT4KED25790 PU 030 2005 Chevy Silverado Z71(Gas) 3.7.19 2GEK13T25181836 PU 031 2005 Chevy Silverado(Gas) 3.7.19 2GCEC13T451290795 PU 032 2012 Ford F350(White)(Diesel) • 4.10.19 1FT8W3B62CEB90072 f PU — 033 2019 Ford Van(15 passenger)(G'as) 5.24.1.9 1 FBAX2CM4KKA82062 PU 034 2016 Chevy Silverado 1500(Gas) 5.28.19 1GC2CUEG7GZ107405 { • • PU 03S .. 2013;Ford.Van(15'passenger)(Gas). •' • .:6.1'2.19 ; :• 1 FBSS3BL7DDB08002:•_ PU 036 2011 Ford Van E-350(Gas) 8/27/19 1 FBNE3BL2BDA52990 PU 037 2019 Chevy Silverado(Diesel) 11/7/19 1 GCI KSEYXKF269048 PU 038 2020 Ford F250 1/10/20 1FT7W2BT7LECI9058 PU 039 2018 Chevy Van Express-LT 2/19/20 1GAZGPFG6J1286859 PU 040 2018 Ford F350 2/24/20 1 FD8W3HTOJEB18437 (— PU 041 2015 Ford F250 Crew Cab 4x4 Pickup(Gas) 4/21/20 1 FT7W2B67FEC57453 PU 042 2019 Chevrolet Express 3500(Gas) 5/29/20 1 GAZGPFG1 K1254810 PU 043 2020 Ford F250(Diesel) 6/11/20 1 FT7W2BT3LEC19719 PU 044 2020 Ford F250 6/2/20 1 FT7W2B69LEC24577 PU 045 2020 Ford F250 6/2/20 1 FT7W2B60LEC24578 PU 046 2020 Ford F250 6/30/20 1 FTZW2B61 LEC87074 PU 047 2020 Ford F250 (Diesel) 8/26/20 1 FD8W3HT6LED71331 PU 048 _ 2016 Chevy Flatbed • 8/27/20 1GB3CYC81GF165331 PU 049 �� 2020 Chevy Silverado 9/17/20 1GCRWCED4LZ326189 PU 050 2021 Ford F250 12/22/20 1 FT7W2B67MEC26488 PU 051 2016 Dodge Ram 2500 1/29/21 3C6TR5HT4GG297494 PU 052 2017 Chevy Crew Cab 3/3/21 3GCUKNEC4HG391737 PU 053 2021 Ford F350 3/4/21 1 FD8W3HT1 MEC28319 PU 054 • 2007 Dodge 3500•Diesel Cab and Chassis 4/15/21 ' 3D6WH48A37G843052 PU 055 2008 Ford F250 4/26/21 1FTSW21568EE26805 PU 056 2014 Ford E350 Econoline Passenger Bus 5/18/21 1 FDEE3FLOEDA67302 PU 057 2014 Ford E350 Econoline Passenger Bus 5/18/21 1FDEE3FLOEDA67297 PU 058 2014 Ford F250 Crew Cab Pickup 7/20/21 1FT7W2A68EEA66186 PU 056.: 2013 GMC 2500.HD Crew Cab..4x4 Pickup__ ' _ .. *7/20/21 .•1 GT12ZCGOD,F172592`' PU 060 2013 GMC 2500HD Crew Cab 4.x4 Pickup *7/20/21 1 GT12Z-CG0DF225792 PU 061 2014 Ford PK 12/6/21 I FTX2BTOEEB24762 ' PU 062 2019 Ford F250-white 2/10/22 1FT7W2BT7KEG71509 PU 063 2019 Ford F150 White 2/10/22 1 FTFW1E51 KKF26860 • PU 064 2019 Ford F250 white 2/24/22 1 FT7X2BT3KEG72508 PU 065 2019 Ford F150 4 wheel drive 2/10/22 1FTFWIE52KKF32005 PU 066 2019 Ford F350 Ford white 2/22/22 1 FT8W3BT8KEG54339 PU 067 2019 Ford F250 ford white 4/1/22 I FT7X2BT1 KEG72507 PU 068 2020 Dodge Ram 3500 Chassis CA 2/20/23 3C7WRSCL7LG302356 PU 069 2023 GMC Sierra 1500 2/21/23 1GTUUCE88PZ114162 PU 070 2023 Chevrolet Pu 1500 4/4/23 IGCUDDE83PZI06976 PU 071 2023 Chevrolet Pu 1500 4/4/23 1 GCUDDE8OPZ107101 PU 072 2007 Chevrolet Pu 1500 5/19/23 3GCEC13JX7G500454 PU. 073 2023 Chevrolet Pu 1500. : • , 8/3/23 IGCUDEE8.4PZ269304 PU 074 2023 Ford F250 XL FWD Crew Cab • 8/8/23. 1 Fi7W2BA8PED.38953 TRAILERS 1111111111111111111.11111111111111111.01111=1 TR 001 2004 Landoll 435A Sliding Axle Trailer 48'w/hydraul 6/13/12 1 LH435UH441013578 TR 002 2005 Leeboy Tackpot Machine 6/20/08 250T50044781 TR 003 2006 Seal Coat Machine 11/19/05 1E9FP19276M317002 ., 'i i . ° € +, - 1ea iTtieiail`er 1.6'�Ion s 4/1`8/07 4 ' `....; �,_ } F .3 5NHUTB42X7Y0560492 - °5--�,.,.TR«,,� �0�4. �1: ...,,_•� , 200,7,Re,�,. a«< ,.T gt�� .. j 1 .v >.�, » SB 001 2007 VV.ap-CE=Arrow•Borad_ w:. ', IT'..._ - 4/61113 "12076168 : TR 005 2011 Texas Bragg (Bodystyle ill) 14'long 4/1/11 17XFP162XB1010258. TP 001 2011 Mauldin Tack Pot 6/30/11 4C9PT3019BG229548 TR _006 2012 Brute Trailer(Cream Puff)gooseneck GNHD2L . 4/7/11 1 B9GF4421 CB663173 TR 007 2013 White Utility Trailer 8'x 18',white cargo lazer tr 7/29/13 5NHUBLT29DY066254 TR 008 2013 Texas Bragg 18'flatbed 12/18/12 17XFP1827D1031570 TR 009 2014 Texas Brag Trailer W/portable pressure washe 6/4/14 17XFP1223E1041104 TR 010 2015 Continental Cargo Trailer 8'x 16' 9/19/14 5NHUVH627FY022143 TR 011 2015 BlackTX Bragg 14'Utility Trailer Pressure wasp 5/21/15 17XFP1421F1051564 TR 012 2016 20'EHW Cargo Trailer 9/25/15 5NHUVHV24GY024421 TR r.0113 x k IF as/l n ►HED r�adtor,traller. (0,2;)'8rlue0911. t812111i5'ii 4 .: �11®'91 4A;2�XER�661674 ,a TR (014 h4� '7. igmppvA,T p lfraetor{tiiarler�s,(iO4 Sihuer4l 8'144%. y 129 D"342A3'E�RE3611�76 "1 p T r J +er � fL" I •:� h{ w_ rwA n f+' d L T -3'+` TR A015tgii .i IRanco!/ n ,rlllE� Tir atArarle4r, (t0'5�)�}�'Srlue;HAIL �., 4':K214117, r: " 1;® 'D374T2�ERr�6j�16( � ° • • rt te'4?s.Y f ;._y' .;.3 i I.ker *,��'iiti `" 4 ) ,? %�, a'l I ,i � ; 8/2 tl t M n il D°*` 3F 4I ER.E~�hll xM. TR ', aQ1-6 <y r ,'Ry �o, i urh D Traotor jtiradler (01 �S�r6u ,Hilly , i 9 D, , 1 •- . ; TR> w'tU�1,7` 3 1 1Ra,O ;Anur11ED1frtactaritiiarle+rs(t0;3)� kuerll rG1B4 j . i8'12�'911i1'...y,9 :iip,003r4'2ta8 6,617'2 `'1 LGT 001 2014 Light Tower 9/18/15 37274 LGT 002 2014 Light Tower 9/18/15 37276 LGT 003 2011 Light,tower Wacker 2/28/22 20021230 LGT 004 2011 Light tower Wacker 2/28/22 20026387 LGT 005 2018 Wacker Light Tower 7.12.18 WNCLTVO2EPUM05284 LGT 006 2018 Wacker Light Tower 7.12.18 WNCLTVO2APUM05281 TR 018 2016 ETNYRE Gooseneck Trailer 55 Ton 3/30/16 1 E9320589GE111245 TR 019 2018 White Cargo Trailer 2/9/17 5NHUEHT20JY075828 TR 020 2017 Tx Bragg 20'Trailer 10.2.17 17XFP2020H1078253 TR 021 2018 White Cargo Trailer 20'x8.5 10.7.17 5NHUEHV24JY077711 TR 022 2018 Texas Baragg-20'Trailer 7.9.18 . 17XFP2023J1083971 TR 023 2018 WANCO Message Board 1.1.18 5F12S1611J1000382 TR 024 2018 WANCO Message Board 1.1.18 5F12S1613J1000383 TR 025 2018 WANCO Message Board 1.1.18 5F12S1615J1000384 TR 026 2018 Solar Arrow Board 12.20.17 5F11S1014J1000381 TR 029 2018 Solar Arrow Board 12.20.17 5F11S1016J1000379 TR 030 2018 WANCO Arrow Board 1.12.18 5F11S101251000380 TR 031 2019 Cargo Mate Trailer 1/4/19 5NHUEHV28KY081522 TR 032 2018 Multiquip Water Trailer 4.12.19 5SLBM1228JL022923 TR 033 2019 WANCO message board 8.6.19 5F12S1617K1004504 TR 034 2019 WANCO message board 8.6.19 5F12S1619K1004505 TR 035 2019 83x18 Pipe.Top Trailer 9.25.19 VNBU1822KT209146 :;TR, ' .036i '2018 Multigq-.i.k ater'Traller 9/1'7/9j,:;;_.: 53LBM;122XJL022'924 TR 037 2018 Lone Star 16Ft Utility Trailer 2/19/20 5VYBU162XJH009185 TR W0 8 ';W t` i` .c7 -. 204 S L,u�q�': o `:,.,,:? .,1r' . *,, ;;;i 0 '! , 4 ;�8�'2 4.6 e4 (n4 4 + : � 1 e at u :-, ,.. F e. r,ew ' k) i� { n ! 4, ,- `. + TR' , Ya �` V� o� rau e/ I® RITTtarlefi. fi.,....q . -�:.wi_z-z ,._, ��:¢ _ ,,, :8 Zl l© P4 5 TR 040 2018 Pipe Top Utility Drailer 7K(83X18-Black) 8/9/19 5VNBU1829JT197303 TR 041 2021 Continental Cargo Trailer(7X16) 8/24/20 5NHULV622MY039210 TR 042 2021 Utility Trailer(J&C Trailer) 10/23/20 1J9J8AL24MW490238 TR! [043 • 12-619 Traiiking-open Dook Lowboy with"Flip.Axle . ` 12/3/20 i TKH05332KM029;526 TR, • ,.044 '. ' , 12019 Trailking.O,penDeck Lowboy with•Flip Axle' 12/3/20 1TKR0051,0KM02:9:52.7 . -TR 045 2021 Utility Trailer-Davidson 4/23/21 7M3BU2023MNDT2458 TR 046 2022 Cargo Mate Trailer-T X 16'(enclosed) 6/18121 5NHUNN728NY088292 TR •- 047 2014 Travis 28 ft. Quad A Frame End dump Trailer 8/27/21 48XAP2846E1008866 I TR 048 • . 2014 Travis 28 ft. Quad A Frame End dump Trailer 8/27/21 48XAP2847E1008861 —TR" 049 •,r .- 201+9IPtuma 42IF 117/%'Bottomlamp Railer £ l 8/27/21 3S9PHJP28KW09.2314 1 • TR' 050 2021 Goosneek Tilt Tri-Axle Model 25 trailer : ' 9/21/21 1Z9U6S034MD058323 TR 051 2015 Utility Trailer-Man made 11/9/21 NO ID NUMBER TR 052 2021 Sealcoat SR700XP Tr 10/29/21 M60662170 TR 053 Survey Trailer loaded with equipment 2/14/2022 1UK500E2XC1075413 TR 054 Vermac Message Board with trailer-2019 2/10/2022 1V9US4120KH223095 TR 055 Vermac Message Board with trailer 2/10/2022 1V9US4127KH223093 TR 056 Vermac Message Board with trailer 2/10/2022 1V9US4129KH223094 TR 057 Vermac Message Board with trailer 2/10/2022 1V9US4122KH223096 TR 058 2011 Trail King MDL 57 2/28/2022 1TKJ05331BM043340 TR i059 T� i 2022 Armorlite;Belly;Dump - 3/10122 �5,6EA53:K28NA000.641 TR i06.0 " • 2022 Armorlite Belly!Dump , . 3/19/22 56EA53K21`NA00.0643 . 1 TR tU:61" _ - ' ,2020 Big Tex Trailer black 2/28/22 16V1W2426M2015496 TR 062 2022 Multiquip Water Trailer 5/9/23 5SLBM1228NL038349 TR 063 2023 Continental Cargo Mate Trailer 7/6/23 5NHUVH62XPY049662 TR 064 2013 Trail King Lowboy Trailer 8/17/23 1TKJ05330DM078583 TR 065 2023 Texline 20'x 83"Utility Trailer 8/2/23 7HACU2025P1000605 • LT' 0011 ' ';20;1;0.-Lube:Truck'#1: •• ' : . • • . 16 MA-- A--- 0' - , � .' • 3'110'/.16:• •1�HTM' ;.NGAH2fi$09•,. mp Trucks , -- -- - ----- _ - - - - - --- ____ - _.-. _---- DT 001 1995 International Dump Truck 1/18/06 1HTSDAAN8SH227439 DT, 02: 1;99;91PeterbuiltMilow1Birtd,)(cCo uboiRlates)Sihver'i, '6'/1'51112. 1 ;1`XPSDOMD47T8(4;8 • I DT 003 2000 International Dump Truck 92001 (LYP02) 4/17/07 1 HSCBAHR3YJO62909 DT " •004`1:;.' 2005.International:Dum`.TrucV940011(LY)03):: :l'. ::1f1/5/08`,' : 3HSCNAPRX51'03'0492. DT 005 2007 Peter Built Dump Truck 330(RED)(LYP04) 10/2/13 1NPFLTEX57N660680 7^' DT 006 2007 International 9200 Haul Truck(Cream Puff) 6/26/14 2HSCDAHN67C513187 r.-• ••: •DT . . .00T•:''•= ` - •307Internation49200.Dump:Truck VYP05) ; '• _9/1/15_ -- : "-_1 HTXRSCTI.7J452453 DT 008 2.014 Peterbuilt 365 Dump Truck(LYP07) 4/-10/14- 1 NPS-XPEXOED236496 DT 009 2015 Peterbuilt Dump Truck(365 series) (LYP06) 9/24/14 1 NPSXPEXOFD2426O7 DT CVO 2020 Peterbuilt Dump Truck l(5:67) • • . 9/5/1'9 ,N'PCX7iEXXLD.640262 I DT 012 2017 260E Articulated JD Dump Truck(Diesel) 11/18/19 1DW260ETCGF678204 DTi {01.1 -4 • • 20116 iPetrbilt liractOr Truck.389;(SilverHill) • 2/28/20 I 1i;PXG'GGG60D4;2,1521 DT 013 2007 International 4300 Flatbed Body Crash Truck(' 4/20/20 1HTMMAAN57H392798 DT 014 2003 International 4300 Crash Truck 3/17/21 3HTMMAAM13N583982 DT 015 2013 Ford F-750 TK S/A Dump Truck 8/23/23 3FRWF7FB4DV799842 gif ffA I o,C'1 ktomqum cm)Cr t Vu2ucl.wo•=�-o+lfir°f�4 �F o 7 1I 1_r����/`�`d��i R "4.a• I�UIt"_ ELLS l U� 1 I. I .. -sn I l•`0 1 v T UN 16_P1irt:I m:ft-mil ma l�l.e��01 EcsdV©rah tog] TIA IN (Ng) li i IM1NAN.NIC <N8i Cif G 11-0 l'Jiui o.mtko ll41 O,er alh Toki -IRROc a�,�P �� E RN C)11 ! �]Il r7-Iti iAARI'7M ?<'�i CT 004 2007 Freightliner Crash Truck M2106 4/15/21 1 FVACXCS47HY81707 ADT 001 2002 Intl.Asphalt Dist. (Diesel) 8/21/19 1 HTSCABN92H521725 • • . CST, . •001 . ...• •• -' : 201•3.International. Concrete Saw Truck . . • • ' 7:8:19- ,. -2:1HTMMAAM7DH104590' CST 002 2012 Freightliner Concrete Saw Truck 911/20 1 FVACWDT3CDBM4794 ctor Trucks HT 'i001 ' ,4. - 2015-Peterbuilt 389KTractor Truck(SH:01) SilveriHil • 8/20/1;5 2NPXGGGG2OM3211,3'S: HT i'.:,10p2`� ,,: � 2015 Peterbuilt.38.9K.TractorTruck.(SH:03) Silver Hit 8/20/15. -: 2NPXGGGG10M,321143- .' HT'. ` [O03 {2015 Peterbuilt 3.89K Tractor Truck(SH02) Srlwer lHil • 8/20/15' ,•2NPXGGGG60M321P7 HT 004 2015 Peterbuilt 3:89K.Tractor Truck_: _ .• •- 9/9/1:5 - :! 2NPXGGGG80M3211'41'' HTL •i0,05 • 40151P tenbjcllt.309K Tractor iMoC(S1-104)Sllu rii ON. _ ZN,i1.CGG,GG601 1321 O,. HT 006 2016 Peterbuilt Tractor Truck 389 11.19.17 1XPXDP9X2GD328193. HT 007 2016 Peterbuilt Tractor Truck 389 (Red) 2/14/20 • 1 NPXGGGG10D450313 HT' •,00$'- -,":., . , i 2019,'PB Model 389 Tractor Truck( Silver HrN) . _ 1/20/21` .;1XPXP41EX3:KD6125719 HT - ' ;009r ".-:•. . , `:2:01188•IPD 367104.Gab Truck Tractor,(Siluar i i0i 1 02112.1 j '( Illa40XXJ 88 e : 1 HT 010 . 201i8 IFr.eigh,Irner'Day Cab T,r(aCtor ifru,ok(;Stluar+Hffi))I. 9123//21 , j 3AKJGGNIFG.2,36.024`2 I HT 011 2012 PB Model 388 Tractor Truck 2/28/22 1XPWP4EX3CD162350 HT 012 2013 Peterbilt 8/17/23 1 XPXP4TX3D D194742 Equipment — _ _--------. _. 1_ .--- --- --._ --- --- - -- MG •' 001 1999 CAT 12 H Motorgrader 5/1/13 8MN00670 - MG 002 2014 CAT Motorgrader 65E 7/16/15 65ET9987 MG 003 2019 CAT 12M3 Motorgrader(Blade) 4.10.19 N9F01223 MG 004 2013 CAT 140M2 Motorgrader 9.22.17 M9D01358 MG 005 2015 Cat 12M3 Motorgrader 3/2/21 CAT0012MNV900420, MG 006 i2014 Cat 12M3 Motorgrader •- - • 3/29/21 --CAT0012MJN9F00205 ll MG 007 '2011 Cat_140M Motorgrader 3/16/22, B9D02903 - ► - 455t -:014 ,` l. •- -,._ ! :11'/1`3Il ;945 1'�` w CD y '002 &U 3 as D o : • 2/3/165 ' ._R1!Y00532 "' . -. CD 003 2014 CAT Dozer D5K 11/7/17 KYY01218 CD 004 2012 CAT D6N LGP Dozer 2.28,19 GHS01049 CD 005 .2016 Cat D6K LCP Dozer - 4/17/20 RST02079 CD 006 2018 Caterpillar D6N LGP Crawler Tractor 6/15/21 CATOOD6NCSGG00267 CD 007 2016 Caterpillar D6N LGP Dozer 2/23/22 0MG500573 CD 008 2018 CAT DOZER-D6TVPAT 2/25/22 OMH700900 CSC 001 11985 CAT.6218 Scraper 3/8/21 . 2DB00711 CSC 002 1985 CAT.621 B'Scraper • 3/8/2.1 2DB00542 CSC 003 1985 CAT 621B'Scraper 3/8/21 2DB00695 CSC 004 1985 CAT 621B Scraper . 9/15/21 • 2DB00394 WL 001 2014.John Deere Loader 524K 10/22/15 1DW524KZCEE659526 WL 002 2011. KOMATSU-WA250-6 LOADER 3.2 .17 76294 ': WL 003 Case 621B Loader 5/22/15 JEE0051096 WL 004 2007 John Deere Loader Box Blade 210LE 7/25/14 T0210LE888076 WL 005 2015 John Deere 310 SL Backhoe Loader 10.19.17 1 T0310SLAFF284001 WL 006 2016 CAT 938M Loader 3.11.19 0J3R02054 l • •WL •' 007 —2012 Volvo wheel Loader(L90G) 8/21/19 • VCEOL_90GT00003374 , - WL 008 2016 Komatsu WA270-7 Wheel Loader 4/23/20 81298 WL 010 2015 Cat 930M Wheel Loader 2/12/20 CAT0930MTKTG00951 WL 011 30-16 Komatsu WA270-7 wheel Loader(2nd.Machir 7/28/20 KMTWA122AENA27504 WL 012 2014 John Deere 210KEP Box blade loader 11/10/20 1 T8210EKLEG89.1778 . WL 013 201 {fiomatsu'WA3$0 811Nhee1isaidir ` ' . 5/7/21. . S#15098: ; WL 014 - 2019 JD 544K-II Wheel loader TT692466 11/10/21 1 DW544KZEJF692466 WL 015 KOMATSUWA270-8 Wheel Loader 10/18/22 A2833 RL 001 2005 Pneumatic Roller(Rosco 9 wheel)915 12/19/05 38304 _ - 1.r _1�2130/10'.. '' ':;%•H:1'7030755 �•'.> ''RL_-°, � 002`- • �..�. .�2008,Ham.HD 70:;Drum Roller_3<�=x,- ..•__. , ... R . .._-..• .. ..;��� ..,.:- ., ,: ..:�.__.:.,_ RL 003 2011 CAT Compactor Sheep Foot Roller 11/21/14 CAT0CP56VC5P00691 <..K.:' -,004 -'-1 0'2;Hain HD•120\ Vibratory Roller.. ` 6/28h'37._ • "'.H1840905 RL 005 2012 Ham DBLE Drum Roller(Vibratory Roller) HD1 7/2/12 �((��r,�yzpH2O109226 1,. .. .,�t .- t4,._.a .__l�. _ . .. rh.._�r .,..�, � -_ ..i. . ii. _ •i. ..__, 1�1Qy1.'u: �4: ''ca�9���`r11CJ . RL 007 2014 CAT CS56B Smooth Drum Roller 5/22/15 CATCS56BEL8H-00715 RL 008 =2015 Pneumatic Tire Roller(CW34) - ,' ,• 11.29,15 ' CAT0`CW34PCT300163,- L • RL-. '': .009- • 2007_Dynapac Padf.Drum°Roller CC142'. .,._4/1`9/.07" : . ' :6021'35.60._'- RL 010 2018 HAMM Padfoot Roller H10i 2/26/18 H2350463 RL 011 2015 CP54 Pad Drum Compactor(Cat.) 6/18/19 CPX00191 RL 012 2015 Hamm H11i Roller(Smooth Drum) 9/6/19 H2100495 RL 013 2019 HAMM HD8OW Asphalt Roller 9/6/19 H1860611 RL 014 2013 BOMG PADFOOT COMP BMP8500 9/30/19 101720121494.00 RL 015 2013 BOMAG PADFOOT COMP.BMP 8500 9/30/19 101720121531.00 RL 016 2013 BOMAG PADFOOT COMPACTOR BMP 8500 9/30/19 101720121035.00 RL 017 2014 HAMM 330.7P ROLLER ' ; 5/28/20 - - H159115.3 RL 018 2011 Caterpillar CS56 Vibratory Roller 4/21/20 CAT0CS56PC5S01547 RL 019 '2016•Cat CW34Pneumatic Compactor: ; ' :' 4/1612.0; ; AL3001.53 ` -.• RL 020 '201.6 Cat.CW34,Pneumatic Compactor , 4/15/20.• . ' ,,AL300146 RL 021 2019 Cat Asphalt Roller(Vibratory Compactor) CB8 - 10/14/20 0JL400132 RL 022 2021 HAMM Roller HD140W 3/3/21 H2740046 RL 023 2021 Hamm HD14vv Double Drum Roller 4/20/21 H285.0033 RL 024 2021 H10ip Hamm 84"Padfoot Drum Roller 1/24/22 H284.0143 RL 025 2021 H10ip Hamm 84"Padfoot Drum Roller 1/24/22 H235.2370 RL 026 2021 H10ip Hamm 84"Padfoot Drum Roller 1/24/22 H235.2068 RL 027 2021 H10ip Hamm 84"Padfoot Drum�3 Roller 1/24/22 H284.0159 '"R * ,' I a . g { 0 2�2�CB4 Cat Roller � �` :„t,"� } �` j , 1` ' ; 4�9114 2r2 _SCAT0C64@V6'9002C8 �. d�,4_='u,_.35''.�,t.�, N �}�'�icnF� �;- ....,-: _ .., ... :�,. .....__ uy<s.,,�, .t,".` s.'a, +. l,.�^_.,� ,... s. RL 029 2022 CAT CW34 Compactor 11/18/22 OAL300500 RL 030 2002 Caterpillar 815F Compactor 6/20/23 1 GN01109 7 ki . AP ' 001 T ¢r a E008 Lee Bey F aver 851�5 a ` ,6`/10109 , c •." . .. :49328 ,. ...: AP 002 2010 VOGELE-Wirtgen Paver 5203-2 10/10/11 7750051 • E;'- " :„.4i >y ' 003j `; f ki, "2U12\OP-4#Su er 1300 2 asphalt paverr `Y --12/gt x h t'' 81r1 0555 3��-;s ;' �... .1r�., w=•=.g ..�� :� zt:,A. zrp>_ x__ ._ �_..�,�__�_,., . .__._� �.__ �.y �..jw ,x . w :.�,..j, - AP 004 2017-Vogele 1703-3i asphalt paver. ' . , 3,13,1.7- 12830020 •A ._005: 201e-TA: halt[.0ec ._.. _.. • _ :_ ' .11/11/1,0':' - - ... , m ,?.-.. AP 006 2020 Cat Asphalt Paver 11/19/20 OMH600570 AP 007 2013 VOGELE S2000-31 Paver 5/11/21 11740011 • CKM 001 Curber Machine 7/16/13 E35141J005754N CM 001 2017 Coring Machine(Homemade-UT Trailer) 4/28/17 159A11013WL358093 CM 002 2014 Wirtgen TCM1800 Texture Cure Machine 3/6/20 03BA0096 CM 003 2011 Gomaco TC600 Text/Cure Machine . 3/16/22 904400-224 MM 001 :2015.Wirtgen.Milling Machine.W1501 5/1912015- - .' 6.130132 • -• r,..,y..) -� l v. + Fa... -Y•="'i.> 1�-->..f-._r-.,; n-k;fr+ i i t S•� +� sf'f±'., 00�Pi}4L-v�.' �� - I . -�4\' . uu{. - ..r_1.... .L.....n�V. �u:� _ n,.. .......-. ;-......n _��..". .i ):.%...._ ',�`:. ' �a�. -. �. �.:...� .._ MM 004 2019 Weiler 2850 Re-milling machine 8/13/21 E2850A-1561 MM 003 2021 W200Fi Cold Milling Machine(Wirtgen) 8/18/21 2120.0196 RC 001 2014 Wirtgen RECLAIMER1Recycller WR2000XL 10.13,16 " - '03WR0524 RC 002 2019 Wirtgen Reclaimer/Stabilizer WR200XLI 2/11/22 09WR0163 RC 003 2013.BOMAG MIXER RS446• ' • 8.2119 SN921913221001 VS 001 Concrete Vibratory Screed 4/26/16 No S# VS 002 2011 Bidwell 4800 Roller Paver&work bridges 8/15/18 48-20111225HD CR- 001 2000Concret SlipFormPaver CMI MTP 400 Placer( 12.1.16 : '- 537132 CP 002 2012 Fleming Triple Tube Roller 10.25.18 No Serial No per Ray CP 003 2006 GOMACO Placer/Spreader PS2600 10.24.18 904900-058 CP' 00.4 - •.2012 Bomag Crawler Profiler-BM2000/60 " 8121/19 ' ...1020 ' • • ' CP• 005 2010:.Gomaco PS-2600Spreader 3/16/22 ' •904900-089'. .SP 002 1998 Gomaco GP 2500 Concrete slipform,Paver 12:1.16 • - MC16019 ' ' ,SP 003• • 1992.GT-6300 Concrete Slip form paver .12.1.16 900100-009; .. SP 004 2017 Wirtgen Slipform Paver SP62 3.20.18 23SP0014 • SP 005 2017 Wirtgen Slipform Paver SP82 11/29/21 17SP-0010 • SS -001 2009'Bobcat 533.0•Skid Steer Loader ' 7/20/10, A5HA35331 - - • SS 002 • - 20:12.Bobcat S770:Skid Steer Loader _ _ _ _ 5/14/12 A3P412036' SS 003 2013 Bobcat T650 11/7/13 A3P017719 "•SS 004 2013.Bobcat T6.50,Track Skid Steer Loader_ i _.2/28/13. ' �A3P010668�_.:• SS 005 2014 Bobcat S770 Skid Steer Loader • 6/9/14 _ ; ATF212577 ` SS 00.6. • 2014 Bobcat 590 Compact Track Loader _ . 8/28/14 _ALJU..12972 '. . SS 007 2015 Bobcat S770 Skid Steer Loader 5/8/15 ATF213361 SS 008 _ 2016 Bobcat T590 Skid Steer Loader 6/6/16 ALJU19077 SS 009 2016 Bobcat T590 Skid Steer Loader 6/6/16 ALJU19097 010 2015 T770 Bobcat Compact Track Loader. 1.3.1:17 'AN8-T14508• SS .011 2017 BOBCAT T595 SKID STEER LOADER 3:28:17 ' -`B3NK12587. SS • , 012 2017 BOBCAT T595 Skid Steer W/Tracks(Lease) 9.31•.17 ' B3NK13696 •• ' SS 013 2017 Bobcat T650 Skid Steer(Lease) 1.12.18 ALJG22770 SS 014 2016 Bobcat T590 Skid Steer Loader(owned) 5/10/19 ALJU21370 SS 015 2017 Bobcat Skidsteer Track Loader 2.5.18 B3NK14133 SS 016 2016 Bobcat T590 Skid Steer Loader(OWNED) 5/28/19 ALJU21854 SS 017 2018 Bobcat Skid Steer T740 4.23.18 B3CA13624 SS 018 2018.Bobcat Skid Steer T 595(Leased) _ -6.19..18 - 1-:$3NK22526- L— _ SS 019 _--_2018 Bobcat T740 Compact Track.Loader 8.29.18 B3CA14733 SS 020 2018.Bobcat T590 Skid Steer Loader(Lease). 12.31.18 ALJU29957 SS 021 2018 Bobcat T590 Skid Steer Loader(Lease) 12.31.18 ALJU29956. r SS 022 2019 T740 Bobcat Skid Steer(Lease-GPS) 4.9.19 B3CA15275 •SS 023 2019 Compact Track Loader(Lease-GPS) 5.14.19 B3NK31702 SS 024 + 2019 Bobcat Track Loader T-770 5.14.19 AT6321612 SS 025 2019 Bobcat Track Loader T-770 5.14.19 AT6321283 SS 026 2019 Bobcat Skid steer T-595(LEASED) 6.18.19' B3NK31843 SS 027 2019 Bobcat.Track Loader T595(LEASED) 10/9//19 B3NK33734 SS 028 Number voided-duplicated equipment was here. SS 029 2020 C259D3 Caterpillar Compact Track Loader-LE 6/22/20 CW905098 SS 030 2020 Bobcat T66 Skid Steer Loader w/68"bucket 7/24/20 B4SB11317 SS 031 2020 Bobcat T66 Skid Steer Loader w/68"bucket 7/24/20 B4SB11314 SS 032 2020 Bobcat T66 Skid Steer Loader w/68"bucket 7/24/20 B4SB11311 SS • •033' . . 2Q20;Bobcat T66=Skid;Stee�,Loaderw/.•68""Bucket �,7124/20 , '_ 64SB,1:1'311f - �`....::�� "` .. .. •. .. ..`_. ' _... Spy- .._ �. .. - SS 034 2020 Bobcat T66-Skid•Steer Loaderw/74.",Bucket ;101.26/20 B:4SB12557 . SS 035 2020 Bobcat T66-Skid.Steer Loader w/,74""Bucket : : 10/26/20._;' B4SB12563` l•-•-...,. . ..., •`SS: '036:' : - , 2021 Bobcat T66'•Skid Steer Loader wl 74"•Bucket. '12/31�/20 '''B4SB15820- _ :•SS :tilt ' 2021 Bobcat T66-Skid:Steer.Loader'wl 74" Bucket 12/31/20:;'. : ' B4SB15342: S.S .038• ''` 2020•Bobcat.T66 Skid Steer Loader w/•74°Bucket= '4/30/21' - 84SB17683 - : ••:S.S: 039 ` : - '2020 BobcatT66;;Skid.SteerLoaderw/•74"Bucket •4/30/21?.. ,B4SBV685 ' - '�-- w- :4" Bucket'';' _4/30/21�s:,•• - ::iB'4SB1�7647' :SS�' ,-040 . . i2020;$obcat T66:.Skid Steer:Load'e..r /7 , • _ _ • ` : SS::- ••041: : ..-• 2021.Bobcat T66 Skid:SteerLoader w1.:74"Bucket - 5/18/21.' _ B4SB117888y - :SS . 042• ` :: 2Q21 Bobcat 1-66-Skid Steer Loader wl7.4"Bucket' .'' . 5/18121. • B4S417686 " . SS 043 2021 Bobcat T740 Track Loader;C37 P69w/86"Bkt, . •6/17/21,.- ; B3CA21258' SS 044 2021:Bobcat T740 Track Loader:'67 P69 w/'86"Bkt 6/17/2.1 -', ;•B3CA21256 SS 045 ,2022 Bobcat,T=66;Skid Steer Loader w/74"Bucket' - 5/12/22 ., .B4SB24936 SS 046 i2022 Bobcat T-66 Skid,Steer Loaderw/74"Bucket ' .-`5112/22 • :B4SB24373 - • SS 047 2022;Bobcat T-66.Skid.Steer Loader w/74" Bucket ! 5/12/22 • _ . • B4SB24374 SS 048 '2022 Bobcat T.-66 Skid Steer Loader w/74"Bucket• ' 5/12/22 . :••B4SB24938. SS 049 2022 Bobcat T770 Skid Steer Loader with 80 Buucket ' '7/14/22%: - : ,'AT6335781 • ,• ' SS 050 2022 Bobcat T770 Skid Steer Loader with 80"Bucks 7/14/22 ' , .: ' AT6335959 • SS 051 2022 Bobcat T66Skid Steer Loader with.bucket. -' ' ' B4SB27526' -' . SS 052 2022:Bobcat T6.6-Skid Steer.Loaderwiith bucket: ." ' ' B4SB27536 ' ' SS 053 2023.Bobcat T66 Skid Steer Load with bucket : . :• 12/1.9/22 .B4S028568 SS 054 '2023 Bobcat T66 Skid Steer Load"with bucked; ` • 12/1.9122,.. . •.B4SB27931 SS 055 2022.Bobcat T66 Skid Steer Load with bucket" ''4/5/2a'-- . : ' : '.B4SB24775° SS 056 2022'Sobtht T66 Skid,Steer Load with bucket . '- 4/5123• ; , '- - B4SB27602 '. • SS 057 2022 Bobcat T66 Skid Steer Load with bucket ' 4/5/23 B4SB27897 -. SS 058 2023 Bobcat 166:Skid Steer Load with bucket` ' 4/5/23 ..:B4SB28851 SS 059 ;2023.Bobcat T6g Skid Steer Loadwith bucket - 4/5/23. "• . .. `B4SB29052••' ' . SS 060 2023 Bobcat T770 Skid Steer with bucket " 8/15123 ' . AT6342265•' SS 061 '2023 Bobcat T770 Skid Steer. Loader with buckets . ; 8/1.5/25 •, . '_.AT6342263- - ,.. SSM 001 2021 Mower King SSEFGC1;75-7:2_in Hyd Flail Skid f: . -8/24/21 SSEFGC1.752.1:052102; MX 001 2.012 John Deere 60D mini excavator W/Bucket&TE 12/21/12 1 FF060DXACG281365 MX 002 2013 John Deere Mini Compact Excavator 50D 9/4/13 1 FF050DXEA0275367 .. ' •1 . - . 003: - • 2015 John Deere 85G Excavator 312846.: MX 004 2015 John Deere 60G Compact Excavator 10/-26/15 1 FF060GXHEJ286232 MX 005 2015 John Deere Mini Excavator 50G 11.21.16 1 FF050GXVFH282916 MX 006 2015 Bobcat Compact Excavator E26 1.31.17 ' B33213018 MX 007 relabeled to EX011 - • ' !A: •0,03., . .• --2018 Bobcat Mini'Excavator E50(Lease);;.. .- 8';.L.: % 87 . ' 009" ' .201'8'Bobcat Mini�Excavator E50'(Lease); • ;: ..._. 2 * '_ :' 0'4 _ .. ' MX 010 2019 Bobcat Mini Excavator E85(owned-GPS) 10/20/2-1 648412131 MX 011 2019 Yanmar V1050-6A Blade Excavator E-50- 4.12.19 YMRV1050CJAJ60810 MX 012 2020-Bobcat E55 Comp.Excavator.:w/_Buckets''' , 3/31/20 `• • •• " "AJ1915838. MX 013 2020•Bobcat E55 Comp.Excavator w/Buckets ..•• : . 3/31120,.' AJ19.15843 •MX 014 2020 Cat Mini EX 308 NG w/COUPLER/HYP Thumb 6/17/20 GG802671 MX 015 2020 Cat mini EX 306-07 with CAB/HYD Coupler/Tf 8/9/20 CAT00306A6G601260 MX 016 2.020,Bobcat E55 Excavator with 24 in Bucket •:-, . '•• 1/22/21' ;:-. AJ1915840 : -•' Bobcat E 35-B'randon's Crew-Rental not purchase MX 017 .2021 ,Bobcat E60•Mini EX'C52 P64 with 24'•bucket , 7/12/21. 'B:4GR11780 MX 018 2021 Bobcat E60 Mini EX C52 P64 with 24"bucket - 7/12/21 •.B4G131.1811 MX 019 2021 Bobcat E60 Mini EX C52 P64 with 24"bucket •7/12/21 B4GR11805. ; • MX 020 2021 Mini Hydraulic EX E88.Bobcat 11/1/21 . . ' B4NM11091: . MX 021 2015 JD 50G MINI EX 3/16/2022 1FF050GJFH282895 MX 022 2015 JD 35G Mini EX 3/16/22 1FF035GXCEK272785 MX 023 2023 Bobcat E60 Mini EX 6/1/23 B4GR15232 MX 024 2016 Yanmar SV100-2A Mini Excavator 6/20/23 YMRSV1 OOLGAJAF067 MX 025 2019 Yanmar YP-V1080 7-8 ton hydraulic excavator 8/1/23 AG539 EX.- ' 001;' ••i- 2013'Volvo:Tack loe'Excavatorr•EC220DLi. :`: A° °`8/29/1:4:,.- ' --VCEC220DV00210495.`1'. EX - 002 • 2014 Volvo Excavator EC220DL- ' 12 2-8/15 VCEC220DP06210720 , .EX 003 Hitachi excavator with rubber tracks 5/1/15 1 FF01 M0Q270434 ' ' EX 004 -• • '2012 KOMATSU Excavator PC-490=LC 8/2/1.6 KMTPC239C54A40062 EX 005 2018 CAT 320 Excavator - 7/31/18 HEX0.1683 EX 006 2014 CAT 336FL Excavator 4/1/19 RKB00366 EX 007 2015 CAT 316 Excavator w/Bucket 12/5/19 DZW01986 EX•• 0.09' 2011 Cat 320D Excavator(Hydraulic) 2/11/20 CAT0320DKSPN01275 EX 010 2013 Caterpillar 329EL Hydraulic Excavator 4/21/20 CAT0329EKZCD00279 EX 011 2016,John Deere Excavator-245G(Excavator) - 11.17.17 1 FF2450XHFE600936 EX 012 2016 Komatsu PC138USLC-11 Hydraulic Excavator 6/23/20 KMTPC261PFA50009 EX 013 2015 Case Trackhoe CX250 D 11/19/20 CX250DNFSM1134 EX 014 2015 Cat 349FL Hydraulic Ex 12/14/20 CAT0349FAHPD00493 EX 015 2018 Volvo EC250E Track Hoe w/Attachments 3/26/21 VCEC250EK00310439 EX 016 2011 Cat 349 Excavator with 54"bucket 9/28/21 CAT0349EJDGE00252 EX 017 2020 Cat 330 with 60 in bucket 1/21/22 OWCH10357' EX 018 2020 Cat 330 with 60 in bucket 1/21/22 OWCH10343 EX 019 2013 Komatsu PC490LC-10 3/16/22 A40339 . EX 020 2017 YP-Yanmar SV100 Hydraulic Excavator 9-10 tc 3/23/23 AF300 EX 021 2017 YP YANMAR SV100 Hydraulic Excavator 6/14/23 AF226 2005-11E4 0 KB484Broom tittafil2 offMgr 9/2/05=' :'t `38728 4 �:'6".C�'$R$vf';!.i•ate.5r.�:���rrl�#F«^a;�-;:YSK�b�.'fi ' ,-^,"d:-� f` ,.MB 00.2 2016 BROCE Model CRT 350 Broom 8/9/1'7 409590 MB 003 2013 BROCE BROOM CR 350 2.28.19 408377 MB 004 Broce Broom KR 350 9/30/19 S#409603 MB 005 2017 Broce broom CRT350 3/16/22 410095 MBS 001 1998 Freightliner FL70 Street Sweeper 12/10/20 1 FV6HFAA6WH971306 FL 001 HYSTER H9OFT forklift HT9OFT 11/14/14 POO5V01801 F FL 002 2005 10kReach Lift(Skylift) 4/26/16 160018168 - FL 003 Condor Reach Lift(Shop only) 3363 FL 004 2016 Telehandler(Skylift forklift) 9/11/20 0ML500538 isc. Equip AT 001 2011 Atlas Copco XAS185 Portable Air Compressor 783720736 AT 002 *80"Cl HD bucket 4/23/18 1159529 -AT • '.003 '' *24'cfastcut Planer •.8/16/1I. . •- '2317133353 AT 004 2.011 Bobcat 73" Smooth Vibratory Roller AFLE00181 005 80h,.Guff n`.Ed a For;Bobcat:ttenohO•. 5/,1'4/.12 , ; 4540:1995 •• '• AT 006 2012 80"bucket 5/8/15 1100862 AT 007 *18"bucket with teeth 12/21/12 AT358512 AT 008 *HYD clamp - 12/21/12 AT397391 AT 009 *42"bucket no teeth 12/21/12 AT408385 AT 010 2015 Hydraulic Breaker(Bobcat attachment) 7/21/15 BES046797 AT , 011. . ' ' 74"Low,Profile;Bucket- ' " ' 10/1.910.7 : :.. 673• 142:'f AT 012 2013 Bobcat 72"Sweeper 10/21/13 783730663 AT 013 *80"Bucket 11/7/13 1075693 AT t 014 r ;. *80"bucket MFG 2014�'` 6/9/14 , r - ,ATo1 °'015 ; ` " x,14 *2411 Planer�MFG 2014 , �' _ s ;��; K_,6/9/14,14 i ,i3AJN7,02940��r' h` r T"� ! , '• i.^'.` �. ,a.. - -:y> u� Y fh4�c�JMry7 N� �' r�}'�., V l, Js.h 4 * 1 0 r r �h S 7r ;,zi 7 >q�T�. � ,01�6 �. , ,�_ � ��1,8�8",Boorn'heavy duty � ! r><1,,; ,,8/29114�6 ��-� �'�,�n'� :.w i` i r kT ",, �:. .k-0ir : s3z.. ----elf i . z 5. .' ° x - -:4'-.air' ..H:rr .'b �,.,•,'..?r�sL.,+F s 1 7 J ?�, _� 1'.* [C.�. A .;S '_ ivsf R �- .'_ � '�,� cs�s n" ,. a ., .. ATE'_ .017, a q = �i- Excavator�bueket�;`.•• _• 7; 8129114v. y > � a �. r '�'AT� , ,4 018 z. a d.;a ' ' � 80 CI'Bueket�'`" r k:,`1'/1311rZ >•x; f1100862 „ : r x: ♦-, J >`FF,Z A. i t,�r L YE. .! { s'N s .z. in r t :::::".`,Li i �Y, ?.� % * . : - `AT, 1 Y,019'+., '_ '-"*Excavatoriattachment • .t • 8129/14 = i-., `' {:,�n� ! J. J u ..� vim. - -r -,l.);r.. t .P. •rh ,,, 7Z= ti AT:�' :020 .t _.t t=*80":'LP'bucket r �• ,. ; 4 :2128/13:r .,4 673:142 ; AT 021 201.5 Skid Pro 72"Pick up Broom w/Bristles 6/30/15 106059 AT 022 Skid Pro 72"Pickup Broom w/Bristles 10/13/15 108942 AT 023 John Deere PB72 Pickup broom 6/13/12 T0BP72X110023 AT 024 *2014 Auger Drive 6/3/15 TH00912 AT 025 *18"BIT-See AT 024 6/3/15 AT 026 *24"hex bit-See AT024 6/3/15 AT 027 *48"HEX EXTENSION-See AT024 6/3/15 AT 028 *48"bucket for the Volvo 5/12/15 117279-220-48V0 • AT 029- ' . • .. : *68"bucket MFG,2014 .• ; . . .8/28114,•: :. :-._1088662- • • -• . ATI 030 Dual GPS System'for Dozer . 6.29.17 . •AT 031 2016 Impact Drop Hammer 7.6.17 I -AT 032 Speed Bump Attachment . • • - . - ' 12:1;17 - C ustom Fab:Made _: _ r�AT , `.033 — •7,4 : 8"1Fork Set , + `` r Ff t, '.... :`'', 4 r._ 6`22:18 ' _•_'' V1158034. - r AT 034 201912M3 GPS w/Base Station(2) 4.2.19 N9F01223 GCS900 DUAL AT 035 2007 Genie S40 Boom Lift 3/19/20 S4007-12371 • AT ; 03.6 • . •• •2015'Bobcat 68"Bucket. • . ' .• . . ` • . 0/20/16 . •• • .. 1111793 • • f. . 'AT" •. 037 •. - . 2.01..5B obcat 68"Bucket . , • . _. . :- • 6/20/16,, •- • , 792 • • AT 038 2016 Bobcat T590-68"Bucket w/forks 5/10./19 AT 039 68" Bucket w/forks for Bobcat Skid Steer 5/28/19 Mode16731406&SPV48 AT 040 2019 Bobcat-2018 80" Bucket/2019 Breaker 5/14/19 Bkt#1163578&Bkr#B37N00324 AT 041 2019 Bobcat-2018 80" Bucket 5/14/19 Bucket S#1180848 AT 042 _ 2018 Bobcat 80:.LP Bucket 8/29/18. _ • • Byucket S#;1151030 AT 043 3.611ToothBkt&4.21'Smooth Bkt for MX011 4/12/19 No S# AT 044 8"Core Drill.Bit w/100'Gilmore Hose 10/18/17 N S# AT, .; ..045' '• ,,. :, . • .36"Bucket&Hyyd Clamp for MX010 -• . ' 6/19/19.. •• B48P01012- , . ' AT 046 36"Strickland&48"JD Buckets for MX007 11/17/17 TA005430&TA004389 AT 047 60"Forks and 3.75 YD Bucket for WL006 3/11/19 WT5F119477&150101675 AT 048 3.5 Yd Bucket&72' Forks 2/12/20 15102777&WT4F13637 AT 049 18"-tracks-24"Bucket&36" Bucket'for MX003 ;-- ' 3/28/16 , TA003417&TA004047.- AT 050 Bucket for 2015 Cat Excavator 12-6-119 S#17NE1366 AT 051 JD 96"Forks-72"Forks&3.5 yd Bucket 10/22/15 J000066399-1-TA004031- AT 052 EB40 Bucket wl teeth For 2013 Volvo Ex 8/24/14 7487301 AT 053 Hyd Clamp&Bucket for 2013 JH M-Ex 9/4/13 AT397391 &AT317647 AT 054 42"&18"Bucket&2 Sets Clamps 10/26/15 4T408385-AT439375-275467 8 CHANGE ORDER#1 Date of Issuance: 11/15/2024 Owner. Brazos County Road&Bridge Owner's Contract No.: CIP#24-614 Contractor. Solid Bridge Construction Engineer's Project No.: 619022 Project: BridgeScour-Oak Lake Road The Contract is modified as follows upon execution of this Change Order. Description:Reconciling Change Order to remove unused'bid items. • 8ld Item No:: ,Description Quantity, Btd Unit - Bid Price Total 28 Contengency -100.00% LS $35,000.00 $35,000,00 33 Contengency =100.00°!a LS $45,000.00 $45,000,00 . ' Change 0rdeiTot I.Decreaae _ $80,000.00 CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT ITEMS FOR OAK LAKE ROAD Original Contract Price: Original Contract Times:88 days $533,445.40 Substantial Completion:November 17.2024 Ready for Final Payment:December 17,2024 Change from previously approved Change Order No.: Change from previously approved Change Orders:NIA NIA Substantial Completion:November 17.2024 Ready for Final Payment:December 17,2024 Contract Price prior to this Change Order. Change from previously approved Weather Days:1 days $533,445.40 Substantial Completion:November 19,2023 Ready for Final Payment December 18,2024 Change of this Change Order. Decrease of this Change Order. Additional Days:-48 days -$80.000.00 Substantial Completion:October 1,2024 Ready for Final Payment:October 31,2024 Contractor Price incorporating this Change Order. Contract limes with all approved Change Orders: $453.446.40 Substantial Completion:October 1.2024 Ready for Final Payment October 31.2024 AP� OVER: ACCEPTED: By, By: �liaves Tivicke Owner(Authorize nature) Contractor(Authorized Signature) Title: Title: Vice President Date: Date: 11/18/2024 RECOMMENDED: AA_ Date: tvtsrzo24 By: . Title: CIVIL ENGINEER • • • CHANGE ORDER#2 Date of Issuance: 11/15/2024 Owner. Brazos County Road&Bridge Owner's Contract No.: CIP#24.614 Contractor: Solid Bridge Construction Engineer's Project No.: 619022 Project Bridge Scouring-Grassbur Road The Contract is modified as follows upon execution of this Change Order. Description:Reconciling Change Order to remove unused bid items. Bid Item_ND.: Description Quantity • Bid Unit Bid Price ' Total 22 Cantengency -86.00% LS $25,000.00 -$21,500.00 Change OrderTata:•Increase ' $21,500.00 CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT ITEMS FOR GRASSBUR ROAD Original Contrast Price: Original Contract Times:30 days $282,970.00 Substantial Completion:October 17.2024 Ready for Final Payment November 16,2024 Change from previously approved Change Order No,01: Change from previously approved Change Orders No.1 21 days $35.880.00 Substantial Completion:November 7,2024 ,,Ready for Final Payment:December 7,2024 Contract Price prior to this Change Order. Contract Times prior to this Change Order.0 days S318.850.00 Substantial Completion:November 7, 2024 Ready for Final Payment December 7,2024 Change of this Change Order. Decrease of this Change Order. Additional Days:-16 days $21.500.DD Substantial Completion:October 22.2024 Ready for Final Payment:November21,2024 Contractor Price incorporating this Change Order. Contract Times with all approved Change Orders: $297.350.00 Substantial Completion:October22,2024 Ready for Final Payment November 21,2024 APP D: ACCEPTED: By ` By '1m a WOW Owner(Autho' • Signature) Contractor(Authorized Signature) Title: �o v • Title: Vice Presidnet Date: / 0 �, i Date: 11/18/2024 RECOMMENDED: Date: 11/15/2024 By: Title: CML ENGINEER ��`` • CHANGE ORDER#1 Date of Issuance: 11/15/2024 'Owner: Brazos County Road&Bridge Owner's Contract No.: CIP#24-614 Contractor Sold Bridge Construction Engineer's Project No.: 619022 Project: Bridge Scour-Democrat Road The Contract is modified as follows upon execution of this Change Order: Description:Reconciling Change Order to remove unused bid items. Bid Item-No.: .Description Quantity !nit Bid Price Total 18 Contengency -100.00% , LS $25,000,00 -$25,000.00 Change Order Total increase. • , -$25,000.00 CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT ITEMS FOR DEMOCRAT ROAD Original Contract Price: Original Contract Times:30 days, $294.250.00 Substantial Completion:November 6,2024 Ready for Final Payment December 6.2024 Change from previously approved Change Order No.: Change from previously approved Change Orders:NA NIA Substantial Completion:November 6,2024 Ready for Final Payment December 6,2024 Contract Price prior to this Change Order: Contract Times prior to this Change Orden NA $294,250.00 Substantial Completion:November 6.2024 Ready for Final Payment December 6.2024 Change of this Change Orden Increase of this Change Orden Additional Days:78 dais -$255 00_00 Substantial Completion:October 29.2024 Ready for Final Payment November 28,2024 Contractor Price incorporating this Change Orden Contract limes with all approved Change Orders: $269.250.00 Substantial Completion:October 29,2024 Ready for Final Payment November 28,2024 =OVED: ACCEPTED: By: By: ?aaata'. aaua Owner(Authorized ignature) Contractor(Authorized Signature) Title: n l,.,-4-% _ Title: Vice President Date: a- Date: 11/18/2024 RECOMMENDED: ,1y / Date: 11/15/2024 By: Title: CIVIL ENGINEER (J' CHANGE ORDER#1 Date of Issuance: 1112612024 Owner. Brazos County Road&Bridge Owner's Contract No.: CIP#24-614 Contractor. Solid Bridge Construction Engineer's Project No.: 619022 Project: Bridge Scour-Alexander Road • The Contract is modified as follows upon execution of this Change Order. • Description:Reconciling Change Order to remove unused bid items. Bid item No.: • .Description ' Quantity • Bld Unit Bid Price Total 29 Contengency -26.47% LS $35,000.00 -$9,264.00 34 Contengency -100°!o LS $45,000.00 -$45,000.00 Change OrdepTotal Decrease _ -$54,264.00 CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT ITEMS FOR ALEXANDER ROAD Original Contract Price: Original Contract Times:88 days • $471.922.50 Substantial Completion:October 19,2024 Ready for Final Payment:November 18.2024 Change from previously approved Change Order No.: Change from previously approved Change Orders:NIA N/A Substantial Completion:October 19.2024 Ready for Final Payment:November 18.2024 Contract Price prior to this Change Order. Change from previously approved Weather Days:5 days $471922.50 Substantial Completion:October 24.2024 Ready for Final Payment November 23.2024 Change of this Change Order. Decrease of this Change Order Additional Days:-23 days • -$54,264.00 Substantial Completion:October 1,2024 Ready for.Finai Payment:October 31,2024 Contractor Price incorporating this Change Order. Contract Times with all approved Change Orders: $417 658.50 Substantial Completion:October 1.2024 Ready for Final Payment:October 31.2024 PROVED: ACCEPTED:, - By: l By: Owner(Authoriz ignature) Contractor(Authorized Signature) Title: ( c. tiv _tee}..c)� Title: Travis Hanes-Project Manager,VP Date: / / ° b Date: 11/26/2024 RECOMMENDEDkrzit Date: 11/26/24 By: • Title: Civil Enginee CHANGE ORDER#1 Date of Issuance: 11/2212024 Owner: Brazos County Road&Bridge Owner's Contract No.: CIP#24-614 Contractor: Solid Bridge Construction Engineer's Project No.: 619022 Project: Bridge Scour-Pleasant Hill The Contract is modified as follows upon execution of this Change Order Description:Reconciling Change Order to remove unused bid items. Bid Item No.: Description Quantity ' Bid Unit Bid Price Total 21 Contengency 100.00% LS , $25,000.00 425,000.00 Change Order Total Increase 425,000:00 CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT ITEMS FOR PLEASANT HILL Original Contract Price: Original Contract Times:30 days, $264.505.00 Substantial Completion:November 21.'2024 • Ready for Final Payment December 21,2024 Change from previously approved Change Order No.: Change from previously approved Change Orders:NA N/A Substantial Completion:November 21.2024 Ready for Final Payment:December 2i.2024 Contract Price prior to this Change Order: Contract Times prior to this Change Order.NA $264,505.00 Substantial Completion:November 21,2024 Ready for Final Payment December 21,2024 Change of this Change Orden Decrease of this Change Order: Additional Days:-9 days -$25.000.00 Substantial Completion:November 12.2024 Ready for Final Payment December 12,2024 Contractor Price incorporating this Change Order. Contract limes with all approved Change Orders: $239.505.00 Substantial Completion:November 12.2024 Ready for Final Payment December 12,2024 ROVED: ACCEPTED: By: By Xaviswilfernizo Owner(Authorize Signature) Contractor(Authorized Signature) Title.�� ca (sy Title: Vice President Date: 1 ,/ Date: 11/25/2024 RECOMMENDED j�A� Date:11/2212024 By: N u/ Title:CIVIL ENGINE R Brazos COUNTY JUVENILE BOARD And THE HARRIS COUNTY JUVENILE BOARD ON BEHALF OF THE HARRIS COUNTY JUVENILE PROBATION DEPARTMENT Post-Adjudication Secure Correctional Facility Residential Treatment Services • THE STATE OF TEXAS § COUNTY OF HARRIS § This Interlace Cooperation Agreement ("Agreement") is made and entered into by and between the Brazos County Juvenile Board on behalf of the Brazos County Juvenile Probation Department(collectively referred to as "Sending County"), a political subdivision of the State of Texas, and the Harris County Juvenile Board on behalf of the Harris County Juvenile Probation Department(collectively referred to as "Receiving County"), a political subdivision of the State of Texas. This Agreement is entered into by the parties pursuant to authority granted under the Interlocal Cooperation Act,Texas Government Code,Chapter 791.The Sending or Receiving Board,and Sending or Receiving Department are herein collectively as the"Parties" and individually as"Party." WHEREAS,.the Texas Juvenile Justice Department (TJJD) has made grant funds available to Receiving County to improve the region's ability to treat children locally, improve outcomes, and decrease the likelihood of commitment to the TJJD; and WHEREAS, the goal of the grant fund is to support regions in their ability to provide an array of rehabilitative services for children and their families to include evidence-based, intensive community- based, residential, re-entry and aftercare programs; and WHEREAS, Sending County is seeking secure post-adjudication correctional residential treatment services for children under the supervision of its juvenile probation department who are at risk of commitment to the TJJD;and WHEREAS, Receiving County has the ability to provide said services. NOW,THEREFORE, in consideration of the mutual covenants and agreements stated herein, the parties agree as follows: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide Sending County with secure post-adjudication correctional treatment services for children under the probation supervision,of Sending County who have been accepted by the Harris County Chief Juvenile Probation Officer (Harris County Chief) or his/her designee for placement at the Harris County Leadership Academy (HCLA), a secure post-adjudication correctional facility that provides a comprehensive behavioral and mental health therapeutic services through its Quest Program.Sending County intends to utilize the residential treatment programs of the HCLA on an"as space is available" basis. Page 1of11 KYM:02/06/2024-Executive Final ARTICLE Il DEFINITIONS 2.01 For purposes of this Agreement,the following definitions apply: A. "Child/Children":Any child/children under juvenile probation supervision of Sending County who have been accepted by the Harris County Chief for placement at the HCLA. B. "Child's Probation Officer": A juvenile probation officer of the Sending County who is assigned to a Child. C. "Detention Center": Harris County Juvenile Detention Center, a secure pre-adjudication detention facility located at 1200 Congress Street, Houston,Texas 77002. D. "Facilities": Collectively refers to the Detention Center and the Harris County Leadership Academy. E. "Facility Administrator": The individual designated by the Harris County Juvenile Board or the Harris County Chief who has ultimate responsibility for managing and operating the HCLA. This definition includes the certified juvenile supervision officer who is designated in writing as the acting Facility Administrator during the absence of the Facility Administrator. F. "Harris County Chief":Harris County Chief Juvenile Probation Officer. G. "HCLA": Harris County Leadership Academy, a secure post-adjudication correctional facility • located at 9120 Katy Hockley Road, Katy,Texas 77493. H. "HIPAA": Health Insurance Portability and Accountability Act of 1996(Public Law 104-191). I. "ITP": Individualized Treatment Plan. J. "PREA": Prison Rape Elimination Act of 2003(28 CFR§115). K. "Quest Program": A 36-week comprehensive and therapeutic treatment program for youth who commit serious offenses. . L. "Regional Diversion Coordinator": Receiving County's staff designated to serve as the liaison and primary point of contact for Sending Counties. M. "Treatment Team": Multidisciplinary team comprised of, at minimum, probation, residential and treatment staff directly involved with a child's treatment and programming in the HCLA. ARTICLE III TERM 3.01 This Agreement shall become effective upon the signing hereof by both parties ("the Effective Date")and expire on August 31, 2025,subject to continued funding by either party. ARTICLE IV Page 2 of 11 KYM:02/06/2024-Executive Final OPERATIONAL AUTHORITY 4.01 Receiving County operates a pre-adjudication secure detention facility and post-adjudication secure correctional facilities.The HCLA is a secure post-adjudication correctional facility,and the Detention Center is a secure pre-adjudication detention facility. These facilities are registered with the TJJD and certified by the Harris County Juvenile Board. ARTICLE V ACCEPTANCE&PLACEMENT OF CHILD BY RECEIVING COUNTY 5.01 The HCLA Quest Program placement objectives are to provide: 5.01.1 Effective programming and therapeutic services for children placed in the HCLA. 5.01.2 Skills and techniques to self-manage behaviors,and improve decision-making. 5.01.3 A successful transition and re-entry for children returning to their community. 5.02 Receiving County will only accept and place a child at the HCLA with: 1) prior written approval of the Harris County Chief or his/her designee; 2) acknowledgement from TJJD that the child is eligible for placement in the HCLA under the regional diversion alternatives application process; and 3) a health assessment, conducted by Receiving County, to determine if the child is in need of any emergency medical care and is not in psychiatric crisis. The parties acknowledge and agree that Receiving County is under no obligation to accept a child who is deemed by Receiving County to be inappropriate for placement in the HCLA program. 5.03 Prior to admission, Receiving County shall receive from Sending County the TJJD "Interagency Placement Application" and any other pre-admission records pertaining to a child as currently listed, or subsequently amended, in 37 Texas Administrative Code,Sec. 343.600. All documents shall be sent by email to the Regional Diversion Coordinator, Regionaiizationaoplication@hcipd.hctx.net. Regional Diversion Coordinator Harris County Juvenile Probation Department 1200 Congress Street Houston,Texas 77002 713-222-4250(Telephone) ARTICLE VI RESPONSIBILITIES AND OBLIGATIONS OF RECEIVING COUNTY 6.01 Level of Care. Receiving County's programs all meet or exceed "specialized" level of care standards as outlined by TJJD. 6.02 HCLA Quest Program.Services to be provided include: 6.02.1 Routine supervision, intervention, and therapeutic services to provide for a child's Page 3 of 11 KYM:02/06/2024-Executive Final safety, involvement in age-appropriate structured activities, educational and rehabilitative services, and guidance from professionals and paraprofessionals to help attain or improve functioning appropriate to a child's age and functioning/development. 6.02.2 A full range of treatment and rehabilitative interventions including educational, social, •recreational, psycho-educational,as well as behavioral and mental health services. 6.02.3 Specialized treatment of children in need of comprehensive and intensive behavioral and mental health therapeutic treatment. This treatment may be offered within the general HCLA program and would be tailored to effectively stabilize, manage, and treat the specialized needs of these children in a developmentally appropriate manner. In addition, specialized family focused treatment to include chaperone training as a program component for those children receiving therapeutic interventions in the Quest Program. 6.02.4 Appropriately licensed medical and mental health professionals to manage and facilitate ongoing treatment,to include crisis intervention,as needed. 6.02.5 Monthly Treatment Team meetings to develop and refine Individualized Treatment Plans (ITN), monitor the progress of children, and plan each child's transition back to the community. 6.03 Education. Within the limits of state and federal law, all children will have access to, at a minimum,appropriate public education and related services through the Excel Academy Charter School(Excel Academy)while residing at the HCLA. 6.04 Basic Medical Care. Medical health care services that can be provided at the HCLA. 6.05 Written Reports. Receiving County shall provide the Child's Probation Officer with a written report of the child's progress toward,or achievement of goals/objectives contained in the ITP on a monthly basis. 6.06 Emergency Notification. Receiving County will ensure that the child's parent/legal guardian/custodian, Child's Probation Officer, and any person specifically designated by an. authorized agent of Sending County are promptly notified if a child makes an unauthorized departure, becomes seriously ill, is involved in a serious accident or incident, or has been transported to a hospital or emergency care facility. ARTICLE VII RESPONSIBILITIES AND OBLIGATIONS OF SENDING COUNTY 7.01 Transportation. Sending County shall be responsible for all transportation needs of a child, a Child's Probation Officer, and a child's family to and from Receiving County, except for the child's transportation needs within Harris County,Texas. 7.02 Probation Supervision. A child's probation supervision shall remain under the jurisdiction of Sending County while the child is receiving services under this Agreement. 7.03 Case Plan/Case Plan Review. The Child's Probation Officer is responsible for completing the Page 4 of 11 KYM:02/06/2024-Executive Final Case Plan and ongoing Case Plan Reviews, and for providing copies to the Regional Diversion Coordinator upon child's placement in the HCLA. All Case Plans and Case Plan Reviews shall be conducted in accordance with 37 Texas Administrative Code Chapter 341 or Section 341.506. 7.04 Service of Summons and Petition. The Sending County shall serve all necessary court orders, including but not limited to, summons, petitions, and motions, on the child's parent/legal guardian as requested by the Receiving County. 7.05 Child's Parent and Probation Officer Participation. The parties acknowledge that a significant part of a child's rehabilitation process is parental involvement. The ISC program requires a child's parent/legal guardian/custodian to participate in treatment planning,family services,and transition planning, either in person or remotely. If a child's parent/legal guardian/custodian is unable to attend in person, arrangements may be made for participation via a variety of means including HIPAA compliant audio/visual technology,which may include utilizing the internet.The ISC program requires that a Child's Probation Officer participate in treatment planning, multi- disciplinary team progress reviews, and transition planning. A Child's Probation Officer shall conduct monthly visits, either in person or virtually,with a child from a Sending County. ARTICLE VIII SEPARATION OR DISCHARGE FROM THE ISC 8.01 When a child's separation from the HCJPD Quest Program is required due to disciplinary issues or concerns for the safety and security of the child, other children, or staff, the child may be transferred to the Detention Center for temporary housing. The child may remain separated from the program until the Facility Administrator or designee deems it appropriate for the child to return to the program or to be discharged from the HCLA in accordance with Sec.8.02 below. 8.02 If a child commits a new offense or a violation of probation while residing at the HCLA, the child may be transferred to the Detention Center or to the Harris County Jail depending on the child's age and offense level. Receiving County will promptly contact Sending County to determine the next course of action for the child. If Receiving County elects to discharge the child from the HCLA,Sending County shall pick up the child at the Detention Center promptly within 24 hours, excluding weekends and holidays.Parties acknowledge that the sole purpose for placing the child in the Detention Center is for Sending County to promptly pick up their child. The Detention Center will not be considered an alternative placement location. Receiving County will only release a child to a person or agency specifically designated by an authorized agent of Sending County. 8.03 Receiving County reserves the right to discharge a child from placement at the HCLA at its sole discretion and for any reason whatsoever. If the child is discharged, Sending County must send an authorized person or agency to pick up the child promptly within 24 hours, excluding weekends and holidays. In any event, Receiving County will only release a child to a person or agency specifically designated by an authorized agent of Sending County. ARTICLE IX POST-DISCHARGE COLLABORATION 9.01 Parties acknowledge that successful transition and re-entry into the community is a primary objective of the HCLA Quest Program. Provided a child remains under Sending County's Page 5 of 11 KYM:02/06/2024-Executive Final supervision following successful discharge from the HCLA, parties agree and commit to maintaining collaborative contact for up to twelve (12) months or the extent of the child's probation term regarding the child's transition back to the community. 9.02 Post-discharge collaboration will: 1) promote successful transition and re-entry to benefit the child, family, and community; and 2) assist Receiving County in evaluating and potentially implementing programmatic changes to benefit other children,families,and communities in the future. ARTICLE X COMPENSATION 10.01 Subject to available funding, payment for services provided under this Agreement shall initially be made from the grant fund maintained and designated for this purpose by the TJJD. Said funding will: 1)compensate Receiving County for the services performed under this Agreement; and 2) be made from current available TJJD grant funding. It is understood and agreed to by the parties that this Agreement is funded with state appropriated grant funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 10.02 if grant funds are not available to compensate Receiving County for post-adjudication services performed under this agreement, Sending County Agrees to pay Receiving County the per diem rate of$507.36 for such services per Section 10.06 below. Receiving County will promptly notify Sending County, in writing,when funds have been depleted.and when Sending County's funding obligation will begin. If Sending County decides not to assume this financial responsibility, then Sending County must notify Receiving County and agree to pick up their child at the time the grant funds have been depleted. 10.03 The Parties agree that the portion of any day on which a child arrives at a Receiving County facility shall be computed as a full day under this Agreement. 10.04 Sending County shall be responsible for all medical service costs not included in the basic medical care provided in the HCLA Quest Program. 10.05 If any per diem or medical service costs are assessed, then Receiving County shall submit an invoice for payment to the Sending County within thirty (30) working days following the end of the invoiced month. Each invoice shall include information deemed necessary for adequate fiscal control including the child's initials, SID number, number of days the child was placed. during the invoiced month, and the per diem rate at the time. Receiving County will send invoices to: Brazos County Juvenile Probation Department Attn: Stacey Kasberg 1904 Hwy 21 W Bryan ,Texas 77803 10.06 Invoices submitted by Receiving County shall be paid by Sending County within thirty(30) days of receipt. The check will reference the Receiving County's invoice number and will be made payable to"Harris County Juvenile Probation." Page 6of11 KYM:02/06/2024-Executive Final Payment will be sent to: Harris County Juvenile Probation Department Attn: Budget and Supportive Services Division 1200 Congress Street,8th Floor Houston,Texas 77002 10.07 Sending County will direct any inquiries regarding an invoice or other fiscal matter to Receiving County's Budget Director at (713) 222-4824. Sending County will not contact any other Receiving County employees regarding fiscal matters. ARTICLE XI REPRESENTATIONS 11.01 Receiving County hereby represents and states the following: A. That it has all necessary right,title, license,and authority to enter into this Agreement. B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for;that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Harris, or any political subdivision thereof. C. That it will adhere to all federal, state, county and city laws, ordinances, regulations, and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Agreement. D. That all its employees, interns, volunteers, and other individuals providing services to children under the auspices of Receiving County will report and investigate any incident or allegation of abuse, neglect, exploitation, death, or other serious incident involving a child in its Facilities in accordance with Chapter 261, Texas Family Code, and Title 37, Texas Administrative Code, Chapter 358, or successor provisions, and PREA. Additionally, all incidents and allegations, including sexual abuse, serious physical abuse, and death will be faxed or emailed to Sending County's Chief Juvenile Probation Officer or other authorized designee, within 24 hours of the initial report. E. That it prominently posts in all public and staff areas in all its office and facility areas, both the . English and Spanish language versions of the following official notice forms: TJJD Notice to Public Regarding Abuse, Neglect and Exploitation; and TJJD Notice to Employees Regarding Abuse, Neglect and Exploitation. F. That it will permit Sending County to examine and evaluate its program of services provided under the terms of this Agreement and/or to review the records of an individual child in accordance with Sec. 58.0052, Family Code. Receiving County agrees to maintain any childcare records, treatment records, and any documents connected with the provision of childcare and special treatment services for a minimum of seven (7) years after the child's final discharge or until any pending litigation, claim,audit or review,and all questions arising therefrom have been resolved. Sending County's examination and evaluation of the ISC program may include site Page 7 of 11 KYM:02/06/2024-Executive Final ..f'A.f. of r.be, r = a w Brazos County : ,M° � Purchasing Department jy °=�OF Q,. 200 S.TX AVE.,SUITE 352 BRYAN,TX 77803 PHONE(979)361-4290 FAX(979)361-4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: December 10, 2024 RFP NUMBER: CIP 25-529 TITLE: Architect for Ashford Hills Warehouse & Office Suites REQUESTING DEPARTMENT: Multi le De a • ents APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: / /O • TY G9E " N„. BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Purchasing NUMBER: )ATE OF COURT MEETING: 12/10/2024 TEM: Approval of the following committee for RFQ CIP#25-560 Architect for 101 North Texas Avenue: • a. Trevor Lansdown • b. Traci Conde • c. William "Bill" Hadley • d. Brian Pratt • e. Clayton Watson- Citizen • f. Purchasing - Non-Voting • g. Legal - Non-Voting "O: Commissioners Court 'ROM: Kaitlyn Battles )ATE: 12/04/2024 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type No Attachments Available 8 op .7, �- 90: Brazos County ° �rr 4;°... Purchasing Department of 200 S.TX AVE.,SUITE 352 BRYAN,TX 77803 PHONE(979)361-4290 FAX(979)361-4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: December 10, 2024 RFP NUMBER: CIP 25-562 TITLE: Construction Manager at Risk for Ashford .Hills Warehouse & Office Suites REQUESTING DEPARTMENT: Multiple Departments APPROVAL SIGNATURE: Duane Peters, County Ju ge DATE APPROVED: BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 12/10/2024 ITEM: Approval of the following committee for RFQ CI P#25-563 Construction Manager at Risk for 101 North Texas Avenue: • a.Trevor Lansdown • b.Traci Conde • c.William"Bill"Hadley • d.Brian Pratt • e.Clayton Watson-Citizen • f.Purchasing-Non-Voting • g.Legal-Non-Voting TO: Commissioners Court FROM: Kaitlyn Battles DATE: 12/04/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvae No Attachments Available • Duane Peters Date County Judge NARCHITECTURE • ENGINEERING •INTERIORS LANDSCAPE • SURVEYING LUFKIN •BRYAN•TYLER•WACO• GROESBECK December 3, 2024 To: Brazos County 2617 W. Hwy 21 Bryan,TX 77803 Attn: Bill Hadley(via e-mail whadlev(..brazoscountytx.aov) RE: Democrat Road Reconstruction Engineering Services Proposal GLS Job No. 619049 Mr. Hadley: GLS is pleased to provide a proposal for the proposed project in Brazos County, Texas.We understand the scope of work to include the following items: • Pavement reconstruction of asphalt or chip seal pavement from approximately 2,700' southeast of the Democrat Road/SH 21 intersection to the Democrat Road/Oak Lake Road intersection. Length of reconstruction consists of approximately 4,750 LF • Re-alignment of existing road within existing right-of-way The project limits are depicted in Attachment A. This project includes the following scope of services: Preliminary Engineering Prepare Preliminary Engineering Report for the project. The report will include investigations into the following areas related to the project: • Existing Conditions and Constraints: This section will include visual observations of the project area and identify site constraints that the design will address. It also includes identifying existing land uses and utilities in the project area. A drainage analysis and narrative report will be included for major culverts. • Pavement Analysis: Perform pavement analysis calculations based on the traffic count data provide by the county. A growth rate will be established based on localized growth rates and potential development of the area. • Recommendations: Proved recommendations for pavement, alignment and drainage of the proposed project. • Design & Construction Schedule: Prepare anticipated schedule for design of the project and' anticipated bidding and construction schedule. • Preliminary Construction Cost: Prepare preliminary opinion of probable construction cost for the project. 4077 CROSS PARK DRIVE•SUITE 100 PHONE:97S-77S-8700 BRYAN.TEXAS•77602 FAX:979-77B-3836 T.B.P.E.L.S.FIRM ENG NO.413 T.B.P.E.L.S.FIRM SURVEY NO.10110301 File W:1619-Brazos Countyl619049-Democrat Road Reconstruction\Proposal1619049 Democrat Road Reconstruction.doc Democrat Road Reconstruction Engineering Services Proposal December 3,2024 Page 2 of 3 Engineering Design • Prepare construction documents for Democrat Road Reconstruction, anticipated construction sheets include the following: - Cover Sheet — Project Notes and Information Sheet - Existing Conditions & Demolition Plan Sheets — Traffic Control Plans • — Site Plan and grading plans for Project Layout — Erosion Control Plan Sheets — Project Details • Prepare technical specifications • Prepare Special Conditions/Provisions • • Generate cost estimates for the 90% and Bid Ready designs. • Plan submittals will be provided at the 90% and Bid Ready sets Bid Phase Services • Assist with pre-bid meeting. • Answer prospective bidders'questions. • Assist with addenda, if required. • Attend bid opening. • Assist with bid proposal evaluations Construction Phase Services • Assist with pre-construction meeting. • Review construction submittals • Perform periodic, critical point inspections with field report and photos to document site visit. • Attend construction progress meetings and document discussions for distribution to applicable parties. • Assist with construction close out. • Coordinate the preparation of record drawings of"red lines" provided by contractor. • Respond to Requests for Information (RFIs). • Review change orders, if required. • Attend field meetings to address any issues that arise; document discussions/resolutions, provide plan revisions and distribute to applicable parties, if required. • Attend Final Inspection upon substantial completion of construction and assist with Punch List • Attend Final Inspection upon Contractor's completion of Punch List Items. 4077 CROSS PARK DRIVE•SUITE 100 PHONE:979-770-9700 6RYAN.TEXAS.77802 FAX:979-776-2B3B T.a.P.E.L.S.FIRM ENG NO.413 T.B.P.E.L.S.FIRM SURVEY NO.1011090T File W:1619-Brazos County1619049-Democrat Road Reconstruction\Proposai1619049 Democrat Road Reconstruction.doc Democrat Road Reconstruction Engineering Services Proposal December 3,2024 Page 3 of 3 Fees Project Management • $ 7,500.00 Preliminary Engineering Report $ 5,000.00 Engineering Design $ 80,700.00 Bid Phase $ 3,500.00 Construction Phase $ 12,500.00 Closeout/As-Builts $ 1,000.00 TOTAL $ 110,200.00 All correspondence between the County and GLS will be documented with Procore project management software. Thank you for the opportunity.We look forward to assisting you with your project. Sincerely, gag Mason Tat , PE Project anager APPRO to o(a-4- - Duane Peters Date County Judge 4077 CROSS PARK DRIVE•SUITE 100 PHONE:979-776-S700 BRYAN,TEXAS•77902 FAX:979-776-3939 T.B.P.E.L.S.FIRM ENG NO.413 T.B.P.E.L.S.FIRM SURVEY NO.10110901 File W:1619-Brazos County1619049-Democrat Road Reconstruction\Proposal1619049_Democrat Road Recoristruction.doc Attachment A i,. f.. ` �^ . 4.+4't. Y , I 141.,..1.:3‘.... ). ‘%. . ''+.;., '`'` ...,....7...." ram` ` { ›...\ /, , ../...i '1...... ..".--•••--...._,r. ti ;,4 ' .. ..''':'" I „g'.. 1 :..j ';r1. Ar ♦7 Google Earth _ . Ate, ETA ARCHITECTURE • ENGINEERING •INTERIORS LANDSCAPE • SURVEYING ALUFKIN -BRYAN•TYLER•WACO• GROESBECK December 3, 2024 To: Brazos County 2617 W. Hwy 21 Bryan,TX 77803 Attn: Bill Hadley(via a-mail whadlevabrazoscounfytx.gov) RE: Ferrill Creek Road Reconstruction Engineering Services Proposal GLS Job No. 619046 Mr. Hadley: GLS is pleased to provide a proposal for the proposed project in Brazos County, Texas.We understand the scope of work to include the following items: • Pavement reconstruction of asphalt or chip seal pavement from FM 974 to approximately 6,100 LF east of intersection • Re-alignment of existing road within existing right-of-way • Crossing culvert and driveway culvert sizing • TxDOT coordination for reconstruction of intersection at FM 974 The project limits are depicted in Attachment A. This project includes the following scope of services: Preliminary Engineering Prepare Preliminary Engineering Report for the project. The report will include investigations into the following areas related to the project: • Existing Conditions and Constraints: This section will include visual observations of the project area and identify site constraints that the design will address. It also includes identifying existing land uses and utilities in the project area. A drainage analysis and narrative report will be included for major culverts. • Pavement Analysis: Perform pavement analysis calculations based on the traffic count data provide by the county. A growth rate will be established based on localized growth rates and potential development of the area. • Recommendations: Proved recommendations for pavement, alignment and drainage of the proposed project. • Design & Construction Schedule: Prepare anticipated schedule for design of the project and anticipated bidding and construction schedule. • Preliminary Construction Cost: Prepare preliminary opinion of probable construction cost for the project. 4077 CROSS PARK DRIVE•SUITE 100 PHONE:979-776.9700 BRYAN.TEXAS•77602 FAX:979-77E-3939 T.9.P.E:L.S.FIRM ENG NO.413 T.S.P.E.L.S.FIRM SURVEY NO.10110801 File W:\619-Brazos County1619046-Ferrill Creek Road Reconstruction\Data\Proposal\619046_Ferrill Creek Road Reconstruction.doc Ferrill Creek Road Reconstruction Engineering Services Proposal December 3,2024 Page 2 of 3 Engineering Design Prepare construction documents for Ferrill Creek Road Reconstruction, anticipated construction sheets include the following: — Cover Sheet — Project Notes and Information Sheet — Existing Conditions&Demolition Plan Sheets — Traffic Control Plans — Site Plan and grading plans for Project Layout — Erosion Control Plan Sheets — Project Details • Prepare technical specifications • Prepare Special Conditions/Provisions • Generate cost estimates for the 90% and Bid Ready designs. • Plan submittals will be provided at the 90% and Bid Ready sets Bid Phase Services • Assist with pre-bid meeting. • Answer prospective bidders' questions. • Assist with addenda, if required. • Attend bid opening. • Assist with bid proposal evaluations Construction Phase Services • Assist with pre-construction meeting. • Review construction submittals • Perform periodic, critical point inspections with field report and photos to document site visit. • Attend construction progress meetings and document discussions for distribution to applicable parties. • Assist with construction close out. • Coordinate the preparation of record drawings of"red lines" provided by contractor. • Respond to Requests for Information (RFIs). • Review change orders, if required. • Attend field meetings to address any issues that arise; document discussions/resolutions, provide plan revisions and distribute to applicable parties, if required. • Attend Final Inspection upon substantial completion of construction and assist with Punch List • Attend Final Inspection upon Contractor's completion of Punch List Items. 4077 CROSS PARK DRIVE•SUITE 100 PHONE:979-778-S700 BRYAN.TEXAS•77802 FAX:979-77G-3B3B T.B.P.E,L.S.FIRM ENG NO.413 T.B.P.E.L.S.FIRM SURVEY NO.10110901 File W:1619-Brazos County1619046-Ferrill Creek Road Reconstruction\Data\Proposal1619046 Ferrill Creek Road Reconstruction.doc • Ferrill Creek Road Reconstruction Engineering Services Proposal December 3,2024 Page 3 of 3 Fees The following is a breakdown of the fees for the above-described scope of work: Project Management $ 10,000.00 Preliminary Engineering Report .$ 5,000.00 Engineering Design $ 119,800.00 Bid Phase $ 3,500.00 Construction Phase $ 18,700.00 Closeout/As-Builts $ 1,000.00 TOTAL $ 158,000.00 All correspondence between the County and GLS will be documented with Procore project management software. Thank you for the opportunity.We look forward to assisting you with your project. Sincerely, god Mason Kwiatkowski, PE Project Manager APPRO • Duane Peters Date County Judge 4077 CROSS PARK DRIVE•SUITE 100 PHONE:979-778.9700 BRYAN,TEXAS•77802 FAX:-S79-776.3838 T.S.P.E.L.S.FIRM ENG NO.413 T.S.P.E.L.S.FIRM SURVEY NO.10110901 File W:1619-Brazos County1619046-Ferrill Creek Road Reconstruction\Data\Proposal1619046 Ferri!!Creek Road Reconstruction.doc Attachment A 4 Feral Creek Project Limn a • • rr fry}� # IN , ''' • f ', ' 7 i -.., y, y nF. 41 r -I, r„,•7.-...'''t.' .y;i4"Je:e ' , 'V :P. 0.'3 . '1.1, , A „ ri... • i( \ • ' •.j f 'I f•"r r'` 1 ` n TI .�'Y .)f ' '' ., , .•` al'`•z ' r - •—• , r • y f ':?i' • k • K f ' ' \ , • r , , y 4y. , , "eh Ne 7 r J #7� F 7 le 1 , a •.�' yr ,1 . , ,7, C , i " ^� nor., r� r`w r,;r. , . , E „ , '• 7 r A 7 1 - �j , .. '"ems. ..yr` f, .._ • J l�f: •1 ,V J, '' _ _. -'yf` , r ,ram ,36 '" r +f 3n C r M ,L (� .606•Earth �4; . ►3,`3. -. k, 'r- , �i` n ..c. _ _-44� ].../, r :' f' -'��. �! '�.; ''��3ar- Y 7000Ry r ,imps ARCHITECTURE •• ENGINEERING ••INTERIORS LANDSCAPE •• SURVEYING VA LUFKIN •BRYAN•TYLER•WACO• GROESBECK December 3, 2024 To: Brazos County 2617 W. Hwy 21 Bryan, TX 77803 Attn: Bill Hadley(via e-mail whadleyCa.brazoscountvfx.clov) RE: Dilly Shaw Tap Road Reconstruction Engineering Services Proposal GLS Job No. 619047 Mr. Hadley: GLS is pleased to provide a proposal for the proposed project in Brazos County, Texas.We understand the scope of work to include the following items: • Pavement reconstruction of asphalt or chip seal pavement from FM 974 to approximately 2,700 LF east of intersection • Re-alignment of existing road within existing right-of-way • TxDOT coordination for reconstruction of intersection at FM 974 The project limits are depicted in Attachment A. This project includes the following scope of services: Preliminary Engineering Prepare Preliminary Engineering Report for the project. The report will include investigations into the following areas related to the project: • Existing Conditions and Constraints: This section will include visual observations of the project area and identify site constraints that the design will address. It also includes identifying existing land uses and utilities in the project area. A drainage analysis and narrative report will be included for major culverts. • Pavement Analysis: Perform pavement analysis calculations based on the traffic count data provide by the county. A growth rate will be established based on localized growth rates and potential development of the area. • Recommendations: Proved recommendations for pavement, alignment and drainage of the proposed project. • Design & Construction Schedule: Prepare anticipated schedule for design of the project and anticipated bidding and construction schedule. • Preliminary Construction Cost:Prepare preliminary opinion of probable construction cost for the project. 4077 CROSS PARK DRIVE•SUITE 100 PHONE:97S-778-9700 BRYAN.TEXAS•77902 FAX:979-77E-3938 T.B.P.E.L.S.FIRM ENO NO.413 T.S.P.E,L.S.FIRM SURVEY NO.10110801 File W:1619-Brazos County1619047-Dilly Shaw Tap Road Reconstruction\DatalProposa11619047 Dilly Shaw Tap Road Reconstruction.doc Dilly Shaw Tap Road Reconstruction Engineering Services Proposal December 3,2024 Page 2 of 3 Enaineerinq Design Prepare construction documents for Dilly Shaw Tap Road Reconstruction, anticipated construction sheets include the following: — Cover Sheet — Project Notes and Information Sheet — Existing Conditions& Demolition Plan Sheets — Traffic Control Plans — Site Plan and grading plans for Project Layout — Erosion Control Plan Sheets — Project Details • Prepare technical specifications • Prepare Special Conditions/Provisions • Generate cost estimates for the 90% and Bid Ready designs. • Plan submittals will be provided at the 90% and Bid Ready sets Bid Phase Services • Assist with pre-bid meeting. • Answer prospective bidders'questions. • Assist with addenda, if required. • Attend bid opening. • Assist with bid proposal evaluations Construction Phase Services • Assist with pre-construction meeting. • Review construction submittals • Perform periodic, critical point inspections with field report and photos to document site visit. • Attend construction progress meetings and document discussions,for distribution to applicable parties. • Assist with construction close out. • Coordinate the preparation of record drawings of"red lines" provided by contractor. • Respond to Requests for Information (RFIs). • Review change orders, if required. • Attend field meetings to address any issues that arise; document discussions/resolutions, provide plan revisions and distribute to applicable parties, if.required. • Attend Final Inspection upon substantial completion of construction and assist with Punch List • Attend Final Inspection upon Contractor's completion of Punch List Items. 4077 DROSS PARK DRIVE•SUITE 100 PHONE:979-77B-9700 BRYAN.TEXAS•77B02 FAX:979-77B-3B3B T.B.P.E.L.S.FIRM ENG NO.413 T.B.P.E.L.S.FIRM SURVEY NO.10110801 File W:1619-Brazos County\619047-Dilly Shaw Tap Road Reconstruction\DatalProposa11619047 Dilly Shaw Tap Road Reconstruction.doc Dilly Shaw Tap Road Reconstruction Engineering Services Proposal December 3,2024 Page 3 of 3 Fees Project Management $ 5,600.00 Preliminary Engineering Report $ 5,000.00 Engineering Design $ 56,800.00 Bid Phase $ 3,500.00 Construction Phase $ 8,600.00 Closeout/As-Builts $ 1,000.00 TOTAL $ 80,500.00 All correspondence between the County and GLS will be documented with Procore project management software. Thank you for the opportunity.We look forward to assisting you with your project. Sincerely, Mason wiatkowski, PE Project Manager • APPROVED Duane Peters Date County Judge • 4077 CROSS PARK DRIVE•SURE 100 PHONE:979-776-0700 BRYAN,TEXAS•77602 FAX:979-776-3639 FIRM ENG NO.413 T.B.P.E.L.S,FIRM SURVEY NO.10110901 File W:1619-Brazos County1619047-Dilly Shaw Tap Road Reconstruction\Data\Proposal1619047 Dilly Shaw Tap Road Reconstruction.doc 1 Attachment A —,1� Di?jt Slum Tap Road Riven Limn *R. ''S \ D .,t.,, , *,. t j, r V.>. 1.' • ' .. "'''' ''1.111......."11.1.11.4M' •\ 'i 1 7 L' ti+ t f tit N oogle Earth I Ioltr ORDER VACATING ROAD ("Order") Calhoun STATE OF TEXAS § COUNTY OF BRAZOS § WHEREAS, the Brazos County Commissioners Court desires to close, abandon, and vacate a public road upon the following tract: • All that certain, lot,tract or parcel of land lying and being situated in the ELLIOT M. MILLICAN SURVEY, Abstract No. 40, Brazos County, Texas, and being a portion of the undeveloped 100-foot wide Breckenridge Street as depicted between Block 10 and Block 25 of the TOWN OF MILLICAN, according to the plat recorded in Volume"P", Page 484, of the Deed Records of Brazos County Texas (DRBCT) and this tract being more particularly described by metes and bounds in Exhibit A, attached hereto and incorporated herein by reference; WHEREAS, Texas Transportation Code §251.001 defines "abandon" as to "relinquish the public's right of way in and use of the road"and defines"vacate"as to"terminate the existence of the road by direct action of the commissioners court of a county". TEXAS TRANSPORTATION CODE §251.001 (1) and (3); and WHEREAS,Texas Transportation Code§251.051(a)(1) states"the commissioners court of a county shall order that public roads be laid out, opened, discontinued, closed, abandoned,vacated or altered."TEXAS TRANSPORTATION CODE §251.051 (a) (1); and WHEREAS, Texas Transportation Code §251.051(b)(1) states "a unanimous vote of the commissioners court is required to close, abandon, or vacate a public road." TEXAS TRANSPORTATION CODE§251.051(b)(1); and WHEREAS, no person that owns property that abuts the public road being closed,abandoned and vacated has attempted to enjoin the entry or enforcement of this order. TEXAS TRANSPORTATION CODE§251.058(a)(1); and WHEREAS, the public road being closed, abandoned and vacated does not provide the only ingress or egress to any property adjacent to it.TEXAS TRANSPORTATION CODE§251.058(a) (2); and WHEREAS,title to the public road being closed, abandoned and vacated to the center line of the road will vest on the date this order is signed by the county judge in the owner of the property that abuts the road being closed, abandoned and vacated, and a copy of this order shall be filed in the deed records of the county and serves as the official instrument of conveyance from the county to the owner of the abutting property.TEXAS TRANSPORTATION CODE§251.058(b). NOW,THEREFORE, IT IS ORDERED, upon proper notice and announcement as required by law,and upon motion duly made and seconded,and passed by a unanimous vote,as indicated by the signatures of the County Commissioners below, the public road upon the following tract is hereby closed, abandoned and vacated: All that certain, lot,tract or parcel of land lying and being situated in the ELLIOT M. MILLICAN SURVEY, Abstract No. 40, Brazos County, Texas, and being a portion of the undeveloped 100-foot wide Breckenridge Street as depicted between Block 10 and Block 25 of the TOWN OF MILLICAN, according to the plat recorded in Volume"P", Page 484, of the Deed Records of Brazos County,Texas(DRBCT) and this tract being more particularly described by metes and bounds in Exhibit A,attached hereto and incorporated herein by reference; FURTHERMORE, BE IT ORDERED that this Order serves as the official instrument of conveyance of the properly described in Exhibit A, from the Grantor, Brazos County, Texas,to the owner of property abutting the road closed, abandoned and vacated, said owner being ANDREW CALHOUN; the dimensions of the property being conveyed are described in Exhibit A, attached hereto and incorporated for all purposes herein. ALSO,this agreement is made and entered into by and between the adjoining landowners along °Breckenridge Street" as originally established in the Townsite of Millican Plat filed in Volume P, Page 484 of the Deed Records of Brazos County, but never constructed or maintained as a County Road. WHEREAS,the adjoining landowners wish to establish the actual boundary between each tract and these parties hereto desire to create a document establishing the exact location of said boundary of abutting tracts; and NOW,THEREFORE,each party agrees with Exhibit A,and no longer claims any interest in and to any portion of adjoining tract and hereby conveys and releases any and all claims to portions of Breckenridge Street not contained in related Exhibit A. Issued by authority of the Commissioners Court of Brazos County, Texas, this l O ,day of -Ntivember 2024. OCCEM men_ This instrument may be executed in two or more counterparts,each of which shall be deemed to be an original but all of which,taken together, shall constitute one and the same original instrument. uane Peters County Judge - ge7', ....,--------- - Commissioner Steve Aldrich Commissioner Chuck Konderla Precinct I Pre inct 2 n1/4Adt4—Si Akio Comm loner Nancy Be Commissioner " da J.Watson Precinct 3 Fred ct 4 American Plant Food Corporation B _ --. - _ ��� P�S Andrew Calhoun Title: of Brazos County, Texas (DRBCT) and this tract being more particularly described by metes and bounds in Exhibit A, attached hereto and incorporated herein by reference; FURTHERMORE, BE IT ORDERED that this Order serves as the official instrument of conveyance of the property described in Exhibit A, from the Grantor, Brazos County, Texas, to the owner of property abutting the road closed, abandoned and vacated, said owner being ANDREW CALHOUN; the dimensions of the property being conveyed are described in Exhibit A, attached hereto and incorporated for all purposes herein. ALSO,this agreement is made and entered into by and between the adjoining landowners along "Breckenridge Street" as originally established in the Townsite of Millican Plat filed in Volume P, Page 484 of the Deed Records of Brazos County, but never constructed or maintained as a County Road. WHEREAS,the adjoining landowners wish to establish the actual boundary between each tract and these parties hereto desire to create a document establishing the exact location of said boundary of abutting tracts; and NOW,THEREFORE,each party agrees with Exhibit A, and no longer claims any interest in and to any portion of adjoining tract and hereby conveys and releases any and all claims to portions of Breckenridge Street not contained in related Exhibit A. Issued by authority of the Commissioners Court of Brazos County, Texas, this /0 day of p 22024. This instrument may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which, taken together, shall constitute one and the same original instrument. Duane Peters County Judge Commissioner Steve Aldrich Commissioner Chuck Konder a Precinct 1 Precinct 2 Commis "oner Nancy Berry Commissi a anda J.Watson Precinct 3 recinct 4 American Plant Food Corporation Bv: Andrew Calhoun Title: STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on DeCe 661?-1 0 , 2024, by Duane Peters, County Judge of the County of Brazos, Texas, a Political Subdivision of the State of Texas. -,r'z., - MARSHAANDERSON `y M Notary y Public,State Fy 15 2027 �9 xas OkS\-12.3.-01-Th NotasyID13I89635-8 4 ,4 Am. • Notary P ' , State of Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on 9e m 0 a2- •d 2024, by Steve Aldrich, Commissioner Pct. 1 of the County of Brazos, Texas, a Political Subdivision of the State of Texas. MARSHAANDERSON it Off Notary Public,State of Texas K. , My Comm.Fate.February 15,2027 .sG zaA Q%-t4.3-D Notary ID 13189685-8 1 --� Notary Pub , tate of Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on Deco-0 r3 Ev— IR 2024, by Chuck Konderla, Commissioner Pct.2 of the County of Brazos,Texas, a Political Subdivision of the State of Texas. pARSHILANDERSON i. ' PuP Set Texas n t.• y 5::3a!;15,2027 a,--is413 1:5 W635-8 �' Notary Pu ic, State of Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on 06GEht f`3 Ee— 1 O , 2024, by Nancy Berry, Commissioner Pct. 3 of the County of Brazos, Texas, a Political Subdivision of the State of Texas. MARSHAANDERSON Notary Public,State of Texas 4x, My Notary ID February 1515,2027, _� w� �. - Notary Pu c, State of Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on De7Cern f3 L t02024, by Wanda J. Watson, Commissioner Pct. 4 of the County of Brazos, Texas, a Political Subdivision of the State of Texas. MARSHAANDERSONS4 . +r " Notazy Fublfc,state of Texas NotaryPu ' State of Texas Face.Ferna�15,2427 No y ID131896 5-8 STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on i Ja i w z z- '7. ftd ,2024, by pcein SOn as \( P_ of American'Plant Food Corporation. \?:,iii z• CINTYA QUEZADA ��pEtY PU��i ro�' ''▪ "Notary Public.State of Texas zN�..�N▪'c Comm.Expires 06-20-2028 Notary b tat@ ex ''4;; `�� Notary 1D 129139387 m � STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on , 2024, by Andrew Calhoun. Notary Public, State of Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on , 2024, by as of American Plant Food Corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on XVC4sw&A.__ 11 , 2024, by • Andrew Calhoun. ,_,1 . ,t..```glilit%, JOE V.SALVATO111 ! I . "•• Not-y. Public, State of Texas I a; Notary Public,State of Texas 3�'�. : Comm.Expires 04-18-2027 �''�0P'£`��` Notary ID 11489178 • I I i' ' N. I PAYN E www.payne-11c.com 1 Iv D LJ S T R I E s TBPLS 10194453 SURVEYING-GIS-DRONE SERVICES FIELD NOTE DESCRIPTION OF 0.34 OF AN ACRE, MORE OR LESS, BEING A PORTION OF BRECKENRIDGE STREET, TOWN OF MILLICAN, BRAZOS COUNTY, TEXAS, BEING A PLAT RECORDED IN VOLUME P, PAGE 484, PLAT RECORDS OF BRAZOS COUNTY TEXAS, THE INTENTION OF THIS DESCRIPTION BEING TO CONVEY THE PORTION OF BRECKENRIDGE STREET THAT LIES NORTH AND WEST OF THE MOST SOUTHERLY LINE DESCRIBED HEREON, SAID TRACT BEING BOUNDED BY THE EAST RIGHT OF WAY LINE OF RUSK STREET, THE NORTH RIGHT OF WAY LINE OF BRECKENRIDGE STREET AND THE WEST RIGHT OF WAY LINE OF SMITH STREET AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point on at Texas State Plane grid coordinates N:10157710.88,E:3598449.88,Central Zone 4203,NAD 83,in the east right of way line of Rusk Street,at the corner of a chain link fence,for the southwest corner of this description; THENCE leaving the POINT OF BEGINNING,with the east right of way Iine of Rusk Street N 20°04'10"E a distance of 67.53 feet to a fence post found in the north right of way line of Breckenridge Street,being the southwest corner of Lot 1,Block 25,Town of Millican,for the northwest corner of this description; THENCE leaving Rusk Street, with the north right of way line of Breckenridge Street and the southern lines of Lots 1-5,Block 25, Town of Millican,S 73°38'34" E a distance of 250.00 feet to a calculated point in the west right of way line of Smith Street,for the southeast corner of Lot 5,BIock 25,Town of Millican and for the northeast. corner of this description; THENCE leaving Lot 5,with the west right of way line of Smith Street,S 13°25'40"W a distance of 13.26 feet to a calculated point in a chain link fence for a southeasterly corner of this description; THENCE leaving Smith Street and crossing Breckenridge Street the foIIowing four courses: 1. N76°34'20"W,a distance of 7.96 feet to a calculated point in a chain link fence, 2. N75°24'49"W,a distance of 34.87 feet to a calculated point in a chain Iink fence for an interior corner of this description; 3. S14°26'45"W, a distance of 52.24 feet to a calculated point in a chain link fence for the most southerly corner of this description,and 4. N73°45'53"W, a distance of 213.99 feet to the POINT OF BEGINNING hereof,and containing 0.34 of an acre, more or less. Surveyed on the ground July I7, 2024. Bearing Basis: Grid North on The Texas Coordinate System of 1983(NAD83),Central Zone,based on GPS solutions.This description corresponds to a survey plat referenced as 2301-001 ROW Abandonment Exhibit. 8/30/24 /"<°!:. Phillip Payne,RPLS Q .•o s State of Texas#6064 (n;Q. ' PHILLIP C. PAYNE 6064 \:./1,:'• s‘61/4/-31 Payne Industries,LLC 1191 E.Martin Luther King Dr. I Caldwell, TX 77836 1979.567.4500 j www.navne-11c.com I Page 1 of 1 • c.—prJ J-L. i' I 1--\ NOTES 1. ATTACHMENTS: DESCRIPTION 2301-001 ROW ABANDONMENT 2. THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF A CURRENT'TITLE REPORT AND THIS SURVEYOR DID NOT RESEARCH THE DEED RECORDS FOR PREVIOUS CONFLICTS IN TITLE OR EASEMENT. THEREFORE, CERTAIN EASEMENTS MAY HAVE BEEN GRANTED WHICH ARE NOT REFLECTED HEREON. 3. THE INTENTION OF THIS EXHIBIT IS TO'CONVEY THE PORTION OF BRECKENRIDGE STREET THAT LIES NORTH AND WEST OF (S) THE MOST SOUTHERLY UNE SHOWN HEREON, SAID TRACT BEING BOUNDED BY THE EAST RIGHT OF WAY LINE OF RUSK STREET, THE NORTH RIGHT OR WAY LINE OF BRECKENRIDGE STREET AND THE WEST RIGHT OF WAY LINE OF SMITH STREET. 4. THE ONLY IMPROVEMENT SHOWN HEREON IS THE CHAIN UNK FENCE ALONG THE SOUTHERLY LINE. OTHER IMPROVEMENTS EXIST HEREON BUT ARE NOT SHOWN. 5. BEARING BASIS: GRID NORTH PER TEXAS STATE PLANE COORDINATE SYSTEM (NAD83), CENTRAL ZONE, BASED ON 0JO 1 00 GPS SOLUTIONS. COORDINATES ARE GRID; HOWEVER. DISTANCES AND AREAS SHOWN HEREON ARE REPORTED AT i TO $lOL„ �_� SURFACE VALUES BASED ON THE SURFACE ADJUSTMENT RDA FACTOR OF 1.00012000. Y "_•`�Z N 0 25 �I Utz p of 7, Ic,N aLOT 1 784..%J32 AG'J� lei � 4s LOT 2 RFW cq oU r pRBCT a (50) N I (Spy LOT 3 • ti �O11 $73, , (S°) LOT 4 lu Ay ry cc, 3834•f 2Sp oa, �S°�, LOT 5 0 2 • 0 0.34 AC± (S°) A (l 0 0. P a�rE�NRIpO C3 • POINT OF BEGINNING D ��0 rN} SrRFFT ,� A N:10157710.68 E:3598449.BB N7,3`q��s3 `UN�MpR0l0 V d a o } 1vN 21399, w H p CO Z / LEGEND LINE BEARING DISTANCE L1 S 13'25'40"W 13.26' PRBCT PLAT RECORDS OF BRAZOS COUNTY, TEXAS L2 N76'34`20'W 7.96' ORBCT OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS L3 N75'24'49'W 34.87' A CALCULATED POINT A FENCE POST FOUND EXHIBIT OF 0.34 OF AN ACRE, MORE OR LESS, BEING A RIGHT OF WAY ABANDONMENT OF A a° PORTION OF .;cS. .OF,Te-, BRECKENRIDGE STREET, ,i,�P o�s T F•70 7 , TOWN OF MILLICAN, / co;Q OvN 1 I HEREBY STATE TO THE BEST OF MY KNOWLEDGE: VOL. P, PG. 484, PRBCT JOB NUMBER: 2301-001 ' PHILLIP C. PAYNE . THAT THIS PLAT IS TRUE AND CORRECT ACCORDING TO BRAZOS COUNTY, TEXAS AN ACTUAL SURVEY MADE ON THE GROUND ON 1 •'3 6064 �� JULY 17. 24; HAT L CORNERS ME MONUMENTED CLIENT: ANNA LOPEZ 1�';9 Q:��/ AS SHO N. 11 DATE: 8/30/2024 T//,%E s s:°. •••-k°, * PAY N E FIELD CREW: SG -. S U R,- ' 8/30/2024 INOUSTRIEEI OFFICE: PP. LB V FIRM LINO. 10194453 P.L S. NO. 6064 191 E. Martin Luther King Dr., Caldwell, TX 77836 (979) 567-4500 mr.payna-Ilc.cam ORDER VACATING ROAD ("Order") American Plant Food STATE OF TEXAS § COUNTY OF BRAZOS § WHEREAS, the Brazos County Commissioners Court desires to close, abandon, and vacate a public road upon the following tract: All that certain, lot,tract or parcel of land lying and being situated in the ELLIOT M. MILLICAN SURVEY, Abstract No. 40, Brazos County, Texas, and being a portion of the undeveloped 100-foot wide Breckenridge Street as depicted between Block 10 and Block 25 of the TOWN OF MILLIGAN, according to the plat recorded in Volume"P", Page 484, of the Deed Records of Brazos County Texas (DRBCT) and this tract being more particularly described by metes and bounds in Exhibit A, attached hereto and incorporated herein by reference; WHEREAS, Texas Transportation Code §251.001 defines "abandon" as to "relinquish the public's right of way in and use of the road" and defines "vacate"as to"terminate the existence of the road by direct action of the commissioners court of a county". TEXAS TRANSPORTATION CODE §251.001 (1) and (3); and WHEREAS,Texas Transportation Code§251.051(a)(1) states "the commissioners court of a county shall order that public roads be laid out, opened, discontinued, closed, abandoned,vacated or altered."TEXAS TRANSPORTATION CODE§251.051 (a) (1); and WHEREAS, Texas Transportation Code §251.051(b)(1) states "a unanimous vote of the commissioners court is required to close, abandon, or vacate a public road." TEXAS TRANSPORTATION CODE§251.051(b)(1); and WHEREAS, no person that owns property that abuts the public road being closed,abandoned and vacated has attempted to enjoin the entry or enforcement of this order. TEXAS TRANSPORTATION CODE§251.058(a)(1); and WHEREAS, the public road being closed, abandoned and vacated does not provide the only ingress or egress to any property adjacent to it.TEXAS TRANSPORTATION CODE§251.058(a)(2); and WHEREAS,title to the public road being closed, abandoned and vacated to the center line of the road will vest on the date this order is signed by the county judge in the owner of the property that abuts the road being closed, abandoned and vacated, and a copy of this order shall be filed in the deed records of the county and serves as the official instrument of conveyance from the county to the owner of the abutting property.TEXAS TRANSPORTATION CODE§251.058 (b). NOW,THEREFORE,IT IS ORDERED, upon proper notice and announcement as required by law,and upon motion duly made and seconded, and passed by a unanimous vote, as indicated by the signatures of the County Commissioners below, the public road upon the following tract is hereby closed, abandoned and vacated: Ali that certain, lot,tract or parcel of land lying and being situated in the ELLIOT M. MILLICAN SURVEY, Abstract No. 40, Brazos County, Texas, and being a portion of the undeveloped 100-foot wide Breckenridge Street as depicted between Block 10 and Block 25 of the TOWN OF MILLICAN, according to the plat recorded in Volume"P", Page 484, of the Deed Records of Brazos County, Texas(DRBCT) and this tract being more particularly described by metes and bounds in Exhibit A,attached hereto and incorporated herein by reference; FURTHERMORE, BE IT ORDERED that this Order serves as the official instrument of conveyance of the property described in Exhibit A, from the Grantor, Brazos County, Texas, to the owner of property abutting the road closed, abandoned and vacated, said owner being AMERICAN PLANT FOOD CORPORATION; the dimensions of the property being conveyed are described in Exhibit A, attached hereto and incorporated for all purposes herein. ALSO,this agreement is made and entered into by and between the adjoining landowners along "Breckenridge Street" as originally established in the Townsite of Millican Plat filed in Volume P, Page 484 of the Deed Records of Brazos County, but never constructed as a County Road. • WHEREAS,the adjoining landowners wish to establish the actual boundary between each tract and these parties hereto desire to create a document establishing the exact location of said boundary of abutting tracts; and NOW,THEREFORE,each party agrees with Exhibit A,and no longer claims any interest in and to any portion of adjoining tract and hereby conveys and releases any and all claims to portions of Breckenridge Street not contained in related Exhibit A. Issued by authority of the Commissioners Court of Brazos County, Texas, this JO day of tstcazerctber 2024. D This instrument may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which,taken together,shall constitute one and the same original instrument. Duane Peters County Judge Commissioner teve Aldrich Commissioner Chuck Konderla Precinct I Precinct Commissioner Nancy Berry Commissio da J.Watson Precinct 3 ecinct 4 American Plant Food Corporation Andrew Calhoun Bv: Title: of Brazos County,Texas (DRBCT) and this tract being more particularly described by metes and bounds in Exhibit A,attached hereto and incorporated herein by reference; FURTHERMORE, BE IT ORDERED that this Order serves as the official instrument of conveyance of the property described in Exhibit A, from the Grantor, Brazos County, Texas,to the owner of property abutting the road closed, abandoned and vacated, said owner being AMERICAN PLANT FOOD CORPORATION; the dimensions of the property being conveyed are described In Exhibit A, attached hereto and incorporated for all purposes herein. ALSO,this agreement is made and entered into by and between the adjoining landowners along "Breckenridge Street" as originally established in the Townsite of Millican Plat filed in Volume P, Page 484 of the Deed Records of Brazos County, but never constructed as a County Road. WHEREAS,the adjoining landowners wish to establish the actual boundary between each tract and these parties hereto desire to create a document establishing the exact location of said boundary of abutting tracts; and NOW,THEREFORE,each party agrees with Exhibit A,and no longer.claims any interest in and to any portion of adjoining tract and hereby conveys and releases any and all claims to portions of Breckenridge Street not contained in related Exhibit A. Issued by authority of the Commissioners Court of Brazos County,Texas, this I d day of 2024. OECErrlf3 F1L This instrument may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which,taken together,shall constitute one and the same original instrument. Duane Peters County Judge Commissioner Steve Aldrich ommission ck Kanderla' Precinct'1 Precinct 2 gA4.rtst_ar ""( Comma sioner Nancy Berry Comm'.ner Wanda J.Watson Precinct 3 Precinct 4 American Plant Food Corporation • Andrew Calhoun By: 7 Title: VP- Des STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on 1-em 601—t C7 ,2024,by Duane Peters, County Judge of the County of Brazos,Texas, a Political Subdivision of the State of Texas. :: MARSHAANDERSON ØMy Comm ) 6 Febmmy 15,2027 C���..e�- ,_ . Notary ID 131896 S4 - Notary PabliO, State of Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on DEAR1 0 ,2024, by Steve Aldrich, Commissioner Pct. 1 of the County of Brazos, Texas, a Political Subdivision of the State of Texas. icMARSHAANDERSON 1 ,.' t NotaryPablic,State of Texas ) (-11•„„a_g„ Cil.,—, ..14.7...sv.D tY � My Notary ID 31February 8%35-8'�n.4 Notary Pu 'c, St)e of Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on Peteme Eli-lc'2024, by Chuck Konderla, Commissioner Pct.2 of the County of Brazos, Texas, a Political Subdivision of the State of Texas. • — — MARSH•AANDERSON f �� iQ ii� Notary Public,State of Texas( K' 1. MY Comm.F.xp.Februa1'15,2027) No ary ic, State of Texas,I....4.0___D t "�✓ Notary ID 131896 5-8 � STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on i ' gem--t- ,2024,by Nancy Berry, Commissioner Pct.3 of the County of Brazos,Texas, a Political Subdivision of the State of Texas. — — — MARSHAANDERSON is� Notary Public,State of Texas M-'+� ° My Comm.Exp.February Texas 27 (� I Notary ID 131896354 ' � "� " �" Notary P State of Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me onPEcati-t02024, by Wanda J.Watson, Commissioner Pct.4 of the County of Brazos,Texas, a.Political Subdivision of the State of Texas. ,r��_ MARSHAANDERSON 1 C ��� � M[':���►' M NotaryPablic,State of Texas � VI Y Exp.February 15,2027 U Notary m131896854 Notary Pu tate of Texas — 4- ,....ate. STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on Nth/6A atz (i , 2024, by Andew Calhoun. �`"'""' JOE V.SALVATO sr°° :Notary Public,State of Texas 74 4 Comm.Expires 04-1&2027 °i Notary ID 11489178 Not Public, State Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on , 2024, by as of American Plant Food Corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on ,2024, by Andew Calhoun. Notary Public, State of Texas STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on N OVUM.% (2,-)PA 2024, by Jf SS( S(ip i&S'QY\ as \I P of American Plant Food Corporation. Notary P , toe a as .•`"'r'o'►►.,, CINTYA QUEZADA :Vie:Notary Public.State of Texas r :Wr Comm.Expires 06.20-2028 t,,,ar Notary ID 129139387 G I•M' 31- I f-\ PAY N E www.payne-llc.com INDUSTRIES TBPLS 10194453 SURVEYING-G1S-DRONE SeRVICES FIELD NOTE DESCRIPTION OF 0.24 OF AN ACRE, MORE OR LESS, BEING A PORTION OF BRECKENRIDGE STREET, TOWN OF MILLICAN, BRAZOS COUNTY, TEXAS, BEING PART OF THE PLAT RECORDED IN VOLUME P,PAGE 484,PLAT RECORDS OF BRAZOS COUNTY TEXAS, THE INTENTION OF THIS DESCRIPTION BEING TO CONVEY THE PORTION OF BRECKENRIDGE STREET THAT LIES SOUTH AND EAST OF THE MOST NORTHERLY LINE, DESCRIBED HEREON, SAID TRACT BEING BOUNDED BY THE EAST RIGHT OF WAY LINE OF RUSK STREET,THE SOUTH RIGHT OF WAY LINE OF BRECKENRIDGE STREET AND THE WEST RIGHT OF WAY LINE OF SMITH STREET AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point at a chain link fence corner at Texas State Plane grid coordinates N:10157710.88, E:3598449,88, Central Zone 4203, NAD 83, in the east right of way line of Rusk Street, for a corner of this description; THENCE, Ieaving the POINT OF BEGINNING and leaving Rusk Street and crossing Breckenridge Street the following four courses: 1. S73°45'53"E, a distance of 213.99 feet to a calculated point in a chain link fence for an interior corner hereof, 2. N14°26'45"E,a distance of 52.24 feet to a calculated point in a chain[ink fence for a corner hereof, 3. S75°24'49"E,a distance of 34.87 feet to a calculated point in a chain link fence for an angle corner hereof, and, 4. S76°34'20"E,a distance of 7.96 feet to a calculated point in a chain link fence in the west right of way line of said Smith Street,for the East corner hereof; THENCE,with the west right of way line of Smith Street,S16°48'16"W a distance of 86.76 feet to a calculated point at the Northeast corner of Lot 6,Block 10,Town of Millican, in the south right of way line of Breckenridge Street,for the South corner hereof; THENCE,leaving said Smith Street,with the south right of way line of Breckenridge Street and the northern lines of Lots 6-10, Block 10, Town of Millican, N73°38'34"W, a distance of 253.72 feet to a calculated point at the Northwest corner of said Lot 10,in the east line of Rusk Street,for the West corner hereof; THENCE,with the east line of said Rusk Street N15°13'02"E,32.62 feet to the POINT OF BEGINNING hereof, and containing 0.24 of an acre,more or less.Surveyed on the ground July 17,2024. Bearing Basis:Grid North on The Texas Coordinate System of 1983 (NAD83), Central Zone, based on GPS solutions. This description corresponds to a survey plat referenced as 2301-001 ROW Abandonment Exhibit APF. !/ J 9/11/24 �. p Phillip C. ayne,RPLS ?.• s: e •. State of Texas##6064 ;' o'us PHILLIP C. PAYEE 9 6064 Payne Industries,LLC 1191 E.Martin Luther King Dr. I Caldwell,TX 77836 1979.567.4500 I www.vavne-llc.com ] Page 1 of 1 p/ sLT.s-D J' 1 u% NOTES 1. ATTACHMENTS: DESCRIPTION 2301-001 ROW ABANDONMENT APF 2. THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THIS SURVEYOR DID NOT RESEARCH THE DEED RECORDS FOR PREVIOUS CONFLICTS IN TITLE OR EASEMENT, THEREFORE, CERTAIN EASEMENTS MAY HAVE BEEN GRANTED WHICH ARE NOT REFLECTED HEREON. I LINE BEARING DISTANCE S' 3. THE INTENTION'OF THIS EXHIBIT IS TO CONVEY THE PORTION OF BRECKENRIDGE STREET THAT LIES NORTH AND WEST OF THE L1 S755'24'49,.E 34.87' MOST SOUTHERLY LINE SHOWN HEREON, SAID TRACT BEING L2 S76'34'20"E . 7.96' BOUNDED BY THE EAST RIGHT OF WAY UNE OF RUSK STREET, -THE NORTH RIGHT OR WAY UNE OF BRECKENRIDGE STREET AND L3 N1513,02„E 32.62' THE WEST RIGHT OF WAY UNE OF SMITH STREET. L4 N13'25'40"E 13.26' 4. THE ONLY IMPROVEMENT SHOWN HEREON IS THE CHAIN LINK FENCE ALONG THE SOUTHERLY UNE. OTHER IMPROVEMENTS EXIST HEREON BUT ARE NOT SHOWN. 5. BEARING BASIS: GRID NORTH PER TEXAS STATE PLANE COORDINATE SYSTEM (NAD83), CENTRAL ZONE. BASED ON GPS SOLUTIONS. COORDINATES ARE GRID; HOWEVER, DISTANCES AND 0 50 1 00 AREAS SHOWN HEREON ARE REPORTED AT SURFACE VALUES BASED ON THE SURFACE ADJUSTMENT FACTOR OF 1.00012000. �A ,iF C7 �- ��sYY O 25 . LOT 1 18556 r 484,T px4s LOT 2 RFW Ca yp�N �BCT (50) Z LOT 3 ,� �, (50) .3 LOT 4 o tf• — (5o) o,�' LOT 5 z� `° (50) Q le (S0) o (1pp• PAR�ee�R�Dc� SrR • Li • �t U POINT OF BEGINNING rIV ``7. i �� � N:10157710.B5 S7 (UN�MP �, 17 E:35984a9.68 •53o� Rp��O) CO CV 3 co (SO') 21 '99' h o or LOT 10 (Sp) N>3.38. .24 ACf �o a . , / LOT 9 (50) 2 72' tn.� LOT 8 (50) Ii z 2283 lvJ P 0 0R CAN ORgCT LOT 7 (B0) er O CORP pLANT ��TOyff B °R4 TI pN LOT 6 YO 2p >O � L co U,y��' P p�UNTy 1e,...47. .� 484 �'x-4s LEGEND pRJur?, PRBCT PLAT RECORDS OF BRAZOS COUNTY. TEXAS EXHIBIT OF 0.24 OF AN ORBCT OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS ACRE, MORE OR LESS, A CALCULATED POINT BEING A RIGHT OF WAY A FENCE POST FOUND ABANDONMENT OF A PORTION OF —#— CHAIN LINK FENCE r!(�..OF 7 THAT THIS I HEREBY STATE PLAT SO THE BEST OF MY KNOWLEDGE: TR E AND CORRECT ACCORDING TO BRECKENRIDGE STREET, Q' o%S T E4.,{: AN ACTUAL SURVEY MADE ON THE GROUND ON TOWN OF MILLICAN, �'O'Q'� �O'�N�1 AS SHOY WN HEREON. VOL. ALL CORNERS ARE MONUMENTED VOL. P, PG. 484, PRBCT JOB NUMBER: 2301-001 4 PHILLIP C. PAYNE > BRAZOS COUNTY, TEXAS CUENT: AMERICAN PLANT FOOD 11(:,9 6064 a�:4-,� 1, DATE: 9/11/2024 '1V. ss%°'0-°y PAY N E " SUA�.%� 9/11/2024 I N D U S T R I E S FlELD CREW: SG + OFFICE: PP, LB v FIRM UNO. 10194453 P.L.S. NO. 6064 191 E. Martin Luther King Dr.. Catdwett, TX 77836 (979) 567-4500 www.payne—Ilc.com Brazos County Road& Bridge Office ;..KtE OF;.. 2617 SH 21 West .`Fy , Bryan,TX 77803 s. ' \pt. Telephone: (979) 822-2127 *( *f Fax: (979 775-0456 ''�G^,:rY;Q ti°� Email: platst brazoscountvtx.gov PLAT APPLICATION SUBJECT PROPERTY INFORMATION APPLICATION DATE•: October 14, 2024 RESUBMITTAL: ❑ YES • ■ NO PROJECT/SUBDIVISION NAME: 7-11 Ranch Phase 1 PROJECT ADDRESS OR LOCATION: 23520 SH-6, Navasota, Texas LEGAL DESCRIPTION: Lot 42B, 5 Acres(DEED:8596/229),Andrew Millican Survey,A-39, Property ID: 40573 IF RESUBMITTAL,PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 3 TOTAL ACREAGE 5.00 JURISDICTION: ❑ CITY LIMITS ❑ 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 • ❑ RESIDENTIAL ❑ MANUFACTURED HOME ❑ COMMERCIAL RENTAL COMMUNITY • OTHER(Please explain): Residential&Commercial FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? 0 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 I WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑. YES ■ NO DIGITAL FILE SUBMISSION COUNTY ENGINEER ❑ ADOBE(.pdf file) ❑ AutoCAD(.dwg file) (Email To:plats@brazoscountytx.gov) 911 ADDRESSING • 0 ADOBE(.pdf file) ❑ AutoCAD(.dwg file) (Email To:gis(a,brazoscountytx.qov) CONTACT INFORMATION APPLICANT INFORMATION. FIRM NAME: CONTACT: Steven Dewayne Linder&Renee LinLinder ADDRESS: d35�0 Sit I � l9 - sat,.'1 h CITY:r V &osvas //__ STATE: T ' ZIP: ")`� (� PHONE: I7g'Ic-j I— (cIII �Q FAX: EMAIL: sf��rJ x c@ yal,.oc C C Vh PROPERTY OWNER INFORMATION FIRM NAME: Same as Applicant Information CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: ENGINEER INFORMATIONe' FIRM NAME: McClure& Browne Engineering/Surveying, Inc. CONTACT: Jeff Robertson ADDRESS: 1008 Woodcreek Dr., Suite 103 CITY: College Station STATE: TX ZIP: 77845 PHONE: (979)693-3838 FAX: EMAIL: jeffr@mcclurebrowne.com SURVEYOR INFORMATION FIRM NAME: McClure & Browne Engineering/Surveying, Inc. CONTACT: Cody Karisch ADDRESS: 1008 Woodcreek Dr., Suite 103 CITY: College Station STATE: TX ZIP: 77845 PHONE: (979)693-3838 FAX: EMAIL: codyk@mcclurebrowne.com 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 nderstood that I agree to the Development/Subdivision of this property. ^� SIGNATURE: - PRINTED NAME: �1 i7 QtjL DATE: b �� )- Ds SIGNATURE:_....r 1___ ' PRINTED NAME: Q t iliz Lin ci L r DATE: l b_ 21_ a c 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 • One (1) .dwg copy to Brazos County ❑ One (1) hard copy to Brazos County Health District ❑ One (1) hard copy to Brazos County 911 O 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. O 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. /1 // L (387/ F ,• \ 14) 20. \ \ U, r\. \ \ \ \4/7SE 0 / / -.\ \ . \. \ \ R / (1e/S4. , \ _\ \ • \ \ •\, S9Ss? • • / 2o' \ •\ . 0 Q,�� / 4'h^tz (5 V E \ /ay- 1,46 �yQr, pp . /,moo.) a1P6h% 41`). //Q / 7_ / Ranch, Phase 1 V..628, P.659 k �0••,6 . / N / ry / o X / / Tract 42B /' 5.01 Acres -woe / PP oe iiiii _________.o TP V e�oF 0 II • I 10' E.E. •�.O � oy.' BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 12/10/2024 ITEM: Approval of expenditure journal entry for Brazos County FY24-25,September2024- November 2024 cash contribution of$44,946.19 to CSCD Specialty Court program. TO: Commissioners Court DATE: 12/0512024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: • File Name Description Tyne Specialty Court Invoice_ 2025- Specialty Court Invoice Backup Material 001 September -_November 2024.docx .APPROVE • ta�- Duane Peters Date County Judge BRAZOS COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT / K SbPg JENNIFER GOERIG, DIRECTOR ..1 ,l. ' bpi tP OP B6t 4R R�TION09QQP _ a December 5, 2024 INVOICE Brazos County - Attn: Megan Mason Invoice Number: 2025-001 Invoice Description: Actual payroll and benefits expenditures for Specialty Court - September November 2024 Amount due: $44,946.19 Please do a journal entry for the above amount to move funding revenues to the CSCD. Please see attached documentation for payroll expenditures. P.O. BOX 2015 • BRYAN, TX 77806-2015 • (979) 361-4410 • (979)822-5341 (fax) BRAZOS COUNTY,TEXAS BUDGET AMENDMENT(S)FOR THE 2024-2025 BUDGET YEAR NO.24/25 10.01 -10.03 On this the 10°i day of December 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 10s' day of December 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 101 day of December 2024. THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS. By:_ Duane Peters,County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.24125-10.01 12/1012024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE On System Road Bond- TXDOT North 2818 Contractual Services Expenditure 450,802.29 On System Road Bond- TXDOT Leonard Road Contractual Services Expenditure 132,306.70 On System Road Bond- TXDOT Harvey Road Contractual Services Expenditure 318,495.59 On System Road Band-TXDOT • Reallocation of funds to the correct account to cover the purchase orders that rolled from FY 2024 to FY 2025 for oad-CIP 23-600-3(PO 240001312)and Harvey Road-CIP 23-600-7(PO 240001313). • SAM1 . _ _ 4 �• f! � R (Date:_ 12/4/20241 _ .County Judge eAApproval.' _ D te. j • For • °,.�:.. • ---.......:. . ........_._..� _......-. �• ., - .. . __._.._. FUND DIV ACCT Change In Budget ACCOUNT NAME • 43230 63432307 71025000 (450,802.29) 43230 63432306 71025000 132,306.70 43230 63432311 71025000 318,495:59 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.24/25-10.02 12/10/2024 FUND NAME DEPARTMENT NAME _ CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE ,Facility Services-Non General Fund Capital Professional Services Expenditure 21,734.81 General Fund County Clerk-Non Capital Repairs and Maintenance Expenditure 21,734.81 General Fund Reallocation of funds to the correct account to install barrier glass for the County Clerk. SAM i \,.. 0��'� IDa • 12l4l2024 L :=.,Colin Jutl�! eA royal- - !Date: gPP _1 For Oracle Ertt- Qnl '`... =, " - _ - FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 17000006 72030000 (21,734.81) 01000 2I000006 65052000 21,734.81 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.24125-10.03 12/10/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Contingency Expenditure 646,674.51 General Fund Other Financing Uses Expenditure 646,674.51 American Rescue Plan Act Other Financing Sources Revenue 646,674.51 Medical Examiner-Non American Rescue Plan Act Grant Capital Capital Outlay Expenditure 646,674.51 • General Fund and American Rescue Plan Act Reallocation of funds to the correct account to cover the construction cost for the Medical Examiner's Office. j SAM _/ ! - I -:Coup eA rovaly Dat `,'92/4/2024 =""' tyJud gph .... _.._,...- For Oracle=Euf Onl' . _ x� :• xis » .. _... .•__= = s:. rYa Y • -. - _ .- - a;= - FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 11001500 61130000 (646,674.51) 01000 00000000 91310000 646,674.51 31000 00000000 49028000 646,674.51 31000 63340510 80100000 646,674.51 1 Personnel Change of Status (Dec 5,2024) Commissioners'Court Date: 12-10-2024 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change. Employment Department Name Employee Name Jail Medical Services Lipscomb,Sarah • Texas Indigent Defense Commission Grant Pringle,Bryce* Separations Department Name Employee,Name, Personnel Action Forms Department Name: .. Employee.Name Juvenile.Services-Detention Boff,Erin Risk Management Tracy,Joseph Sheriff's Office-Jail Administration Acosta,Brittany Sheriffs Office-Jail Administration Belangeri,Abigail Sheriffs Office-Jail Administration Brown,Tra'Varis Sheriffs Office-Jail Administration Damon,Makayla Sheriff's Office-Jail Administration Dill,Johnathan Sheriff's Office-Jail Administration Fennix,Gregory Sheriff's Office-Jail Administration Green,Sharena Sheriffs Office-Jail Administration Lyle,Kelsey Sheriffs Office-Jail Administration Marinari,Justin Sheriffs Office-Jail Administration Mejia-Aristondo,Victoria Sheriffs Office-Jail Administration Minor, Dustin Sheriffs Office-Jail Administration Pierce,Mary Sheriffs Office-Jail Administration Walker,Tayler Sheriffs Office-Jail Administration West,Jordan Sheriffs Office-Jail Administration - Wilson,Amber Approved in Commissioners' Court: 12-10- 24 County Judge's or Commissioner's Signature: •.•;�p.T6 OFT••• \70 icy • O,I, t yJ9�bo Ty"OF9& BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 12/10/2024 ITEM: Approval of Payment of Claims: • a.8206767-8206876 • b.9202988-9203045 TO: Commissioners Court DATE: 12/06/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: Fife Name Description Ivoe 811 List Public_t2.10.24.pdf Payment of Claims Backup Material Bill List Internal_12.10.24.pdf Payment of Claims-Internal Backup Material _ . APPROVED ' • 1<fkt& ma6/LL6 1 i o/a�f- Cv� � �� Duane Peters Date County Judge